Judge Grants Class Cert. in Global Tel*Link Phone Rate Lawsuit

A nationwide Class of inmates received certification from a federal judge in a Global Tel*Link (GTL) phone call rate class action lawsuit alleging that the phone company overcharges for inmate phone calls.

U.S. District Judge William J. Martini recently certified a Class of inmates who were incarcerated between 2006 and 2016 in a New Jersey prison and used a phone call system provided by Global Tel*Link (GTL) Corp.

Other certified Class Members include individuals who set up a payment account to talk with their loved ones incarcerated in a New Jersey prison.

GTL tried to argue against the Class certification, claiming that it wouldn’t be possible to identify all Class Members because the company does not keep track of system users.

However, Judge Martini rejected this argument, finding that none of the four methods of payment used by GTL would pose a threat in determining eligibility of Class Members. The four payment methods available include GTL’s Advance Pay system, inmate debit accounts, calling cards, and collect cards.

“There is concrete evidence that most, if not all, class members can be identified with information that is accessible to GTL, and there are relatively straightforward (albeit potentially arduous) mechanisms for cross-checking records,” Judge Martini said of the GTL phone call rate Class certification.

The GTL phone call rate class action lawsuit was originally filed by a group of seven plaintiffs in August 2013. The plaintiffs claimed that GTL phone call rate prices were up to 100 times higher than market value and that “[d]uring the class period, GTL was charging as much as $1.00 per minute for calling time that it was paying as low as .018¢ per minute.”

The GTL phone call rate class action also claimed that these actions were in violation of the Federal Communications Act, the Fifth Amendment’s takings clause, the New Jersey Consumer Fraud Act, and other New Jersey statutes.

GTL asked the court to dismiss the class action in November 2013. If the court declined to dismiss the suit, GTL requested that the stay the action, claiming that the Federal Communications Commission had jurisdiction over the mater.

In September 2014, the court agreed to stay the case until the Federal Communications Commission made a determination or the plaintiffs dropped their claims under the Federal Communications Act. The plaintiffs responded to the action by dropping their claims, choosing not to wait on the Federal Communications Commission.

In August 2015, defendants asked the court to compel plaintiffs to arbitrate their remaining claims, claiming that the callers agreed to arbitrate potential claims when they purchased credits by phone or on the GTL website. The court denied this request in February 2016, finding that callers who signed up via phone were not notified that the calling service was “governed by the terms of use,” and that “use of the service alone constituted an acceptance of these terms.”

The newly certified Class Members are represented by James A. Plaisted of Pashman Stein Walder Hayden PC.

The GTL Phone Call Rate Class Action Lawsuit is James, et al. v. Global Tel Link Corp., et al., Case No. 2:13-­cv-­04989, in the U.S. District Court for the District of New Jersey.

UPDATE: August 2020, the Global Tel Link class action settlement is now open. Click here to file a claim.