Legal Issues

by Carlo Longino


Filed Under:
class action, overcharge

Companies:
cingular



Court Tells Cingular It Can't Deny Lawyers Chance To Make Money

from the how-dare-you dept

The Washington state Supreme Court has ruled that a class-action lawsuit against mobile operator Cingular (now called AT&T) can proceed, despite a clause in the contracts it has subscribers sign preventing them from starting such actions. The suit in question alleges that Cingular overcharged some customers in the state for some roaming and long-distance calls, with a lawyer for the customers saying they were overcharged by $1 to $40 per month. Will this help the customers recover the charges and receive compensation in line with the overcharging? That seems unlikely, since all that's really happened is the court's given lawyers a green light to pursue a paycheck.

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  1. identicon
    BTR1701, 16 Jul 2007 @ 6:21am

    Boilerplate

    Regardless of how effective class action suits are in reimbursing those injured, it's refreshing to see a court actually tell one of these companies that these spectacularly biased, fine-print, boilerplate contracts (which are so pervasive that there's no way a consumer can avoid them) aren't enforceable.

    The Joost example above is a perfect illustration of how ridiculous this crap has gotten. The laws of Luxembourg? Give me a damn break. And that's not even the most extreme example, either. I actually had one software agreement tell me that by using the software, I agree that any disputes I had with the company would be settled under the laws of Liberia. Liberia barely has a working government, let alone a functional court system, and is a country that's pretty much in a continual stage of constant and open armed insurrection. But if I have a problem with the software, I have to go there to sue? Sure. Why not just tell me that my disputes will be settled on Mars?

    This the sort of shit these companies rountinely try and foist on the public.

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