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.

Filed Under: class action, overcharge
Companies: cingular


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  1. identicon
    me, 14 Jul 2007 @ 2:35am

    funny enough, joost (the online tv service) also has a clause in the 'license agreement' that denies its users the right to a class action lawsuit against them. Anyone willing to see how that stands up in court when the spyware nature of joost is revealed ?

    Look what I was presented in their license a few months ago when i was 'invited' to the beta (and no, i did not agree to that 'slavery' piece of s..t agreement.)

    [...snip...]

    4.1. You hereby acknowledge and agree that the Joost™ Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Joost™ Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Joost™ Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with Joost or its affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Joost or its affiliates to enforce any of your rights.

    [...snip...]
    4.2.3. When installed on your computer, the Joost™ Software may periodically communicate with Joost servers and/or Joost™ Software installed by other users. Additionally, third party software installed on Your computer may periodically communicate with third party servers for the purposes described in the license agreement or privacy policy between you and that third party.

    Are you fucking serious ?! Third party software may communicate with third party servers ??
    isn't this the core definition of spyware ??

    also:

    12.8.
    Governing Law; Jurisdiction; Waiver of Claims. This Agreement shall be governed by and construed in accordance with the laws of Luxembourg, without regard to conflict of law rules thereof.
    [...snip...]
    You further agree not to bring claims on a representative, class member basis, or as a private attorney general, and agree not to assert any claims against Joost unless such claims are asserted by you in the forum required by this Agreement no later than one year following the date that your claim or cause of action arose.

    Say what ?? Any lawyer around that actually has a license to practice in Luxemburg ?? not many i think, thus lawsuits there are VERY expensive. and double WTF ... no class action lawsuits are allowed? are they nuts ?

    Practically what they say is that they could install any software that claims to show a license to the user and would not install if the user says no... now where did i hear that before?? right... a ton of junk 'helpers' out there claim to behave like this but in reality they don't.

    And then Joost says it's not their fault if the software they installed turns to be...let's suppose..a keylogger...

    Also, that 'forum' mentioned in the license is only accessible if you agree to the 'slavery' license agreement. There is NO WAY to post messages on their so-called forum unless you agree to the stupid license agreement first, when you install the joost executables.

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