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What would I need to do to start a class-action lawsuit against AT&T mobility?

Dealing with a class action? Discuss it here

What would I need to do to start a class-action lawsuit against AT&T mobility?

Postby curney13 » Mon Oct 10, 2011 2:39 am

I am an AT&T Customer with an iPhone plan that existed before AT&T decided to do away with unlimited-data plans for the device, therefore I am "Grandfathered In" and still have unlimited data. The iPhone uses quite a bit of data, and it really wouldn't be worth owning one without an unlimited data plan. A few months ago, they began targeting "High Data Use" iPhone customers. If they believed that you had unlocked your phone to get an app that allows you to tether w/o their consent (I have done neither), they sent out warning emails to the customers that they suspected, telling them that they would automatically upgrade them to a new plan that covered tethering, and they would no longer have unlimited data. I did not receive that email, but I am using the same amount of data per month as those tethering through the unaffiliated app in question. Now AT&T will shut off my access to 3G for a few days a month, telling me every time that there are "reported outages in your area". Today I had a friend with an iPhone that ISN'T on an unlimited data plan (and had a great 3G connection) with me as I called for the second time. Once I told her that I had another iphone there connected to 3G, the representative admitted that there wasn't an outage reported in my area, and when I told her I was calling an attorney and hung up, my 3G signal miraculously reappeared in less than 2 minutes after disconnecting the call.

I know that I am not the only customer that this is happening to, and not only is AT&T in the wrong for restricting me from the service that I am paying for and am contractually obligated to enjoy, they are also wrong for selling these devices WITHOUT the option of an unlimited plan now. They should have UPGRADED THEIR NETWORK before overselling the iPhone in 2009. How could I get the wheels rolling on a class-action against them? I'm already included in 3 or 4 against them for fee overcharges and the like.
curney13
 
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What would I need to do to start a class-action lawsuit against AT&T mobility?

Postby alleyne » Mon Oct 10, 2011 2:46 am

After a quick search I found this information:
"What factors must be present to start a class action lawsuit?
There are several requirements to consider when attempting to form a new class action case. Simplified, these are:

Numerosity - adequate number of plaintiffs
Commonality - common damages and legal issues
Typicality - each class member's claim must come from the same event, and must make the same legal argument
Adequacy of Representation - the representative plaintiff will adequately protect and represent the interest of the class
Viability of Defendant - although it is not a requirement of the court, it is reasonable to assume that if the accused does not have the means to compensate for the alleged damages and legal costs, it would be difficult to entice a law firm to represent the class."

EDIT: Well, the links I gave you stated what you need to do to start one and what information you had to have. I did read your question in it's entirety and I understood it...which is why I posted 2 different links. I gave you an answer and an outlet to find out more information, if you didn't check it out well...
alleyne
 
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