AT&T Blue customers Unite... In Small Claims Court WITH INSTRUCTIONS HOW TO...

**HowardBeale** · 03-12-2011, 02:01 PM

"If a million consumers filed a million small claims court actions a year against the banks, the banks would either try to abolish the small claims court or improve their performance."
-Ralph Nader

First I'd like to say, this is intended for AT&T Blue customers. Haters stay away.

For those of you who've been a long time customer with AT&T such as myself (11 years now), who feel we're being treated unfairly and getting screwed over by AT&T because they are deciding not to abide by the agreements which we had in place when they bought Cingular/AT&T Blue, I say take them to small claims court.

Forget the idea of any class action suits. However, if there are over 200k AT&T Blue customers out there who don't want to switch, and say 2% of those people filed in small claims court, that's 4,000 small claims court cases.

To do so, you'll need to find out who is the process server for AT&T Mobility for your state. To find that out, go to your states Secretary of State website, enter in the business name (AT&T Mobility) and they'll have address info.

FOR So. CALIFORNIA CUSTOMERS in LA area, the Processs server for AT&T Mobilty is:
C T CORPORATION SYSTEM
818 W 7TH ST
LOS ANGELES CA 90017

NEW YORK:
C/O C T CORPORATION SYSTEM
111 EIGHTH AVENUE
NEW YORK, NEW YORK, 10011

FLORIDA:
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION FL 33324 US

Next find what court to file your case. The following website will tell you...
http://law.freeadvice.com/resources/...aimscourts.htm

Finally, any filing fees you incur will be refunded at AT&T's cost if they decide to simply settle the matter outside of court.

To me, its the principle of the matter and the fact that AT&T is simply being another greedy corporation taking advantage of the american consumer.

GOOD LUCK!

"I'm mad as hell... and I'm not going to take it anymore."

**bigpapa30** · 03-12-2011, 06:00 PM

Were you still under contract when they told you that you had to switch plans? If so then you may have something there. If you weren't under contract then I'm not sure you'd have a leg to stand on in court, especially with all the lawyers I'm sure they have on the payroll.

**billm261** · 03-12-2011, 07:19 PM

Originally Posted by bigpapa30

Were you still under contract when they told you that you had to switch plans? If so then you may have something there. If you weren't under contract then I'm not sure you'd have a leg to stand on in court, especially with all the lawyers I'm sure they have on the payroll.

It sounds like he is trying to flood the system with cases against AT&T who would have to pay to defend each and every one of them. They don't have a bunch of staff Attorneys in each and every State.

If you file the suit in small claims court they have to respond (or answer) that claim. Agents for "service of process" are usually law firms that will bill AT&T for each and every time they make an appearance.

Problem is, I think small claims courts only handle monetary judgments and it varies by each State. You would have to file a claim with a monetary figure attached for the damages you are seeking. Like you implied, how do you sue them for breach of contract when if in fact, your not in one?

Everything I have read indicates that AT&T will give you a new phone for free and you will not have to commit to a contract. Or, you can go to another carrier.

It sounds like just another baseless lawsuit without merit. In the OP's own words "its the principle of the matter."
A better way to grind that axe is to simply choose another carrier.

I can't imagine what all the Philadelphia lawyers are going to do when Sprint shuts down the IDEN network.

Take the case to Judge Judy.

**GeneB** · 03-12-2011, 07:38 PM

Why are so many people trying to make lawyers even richer? If you are so angry with AT&T go elsewhere.

**i0wnj00** · 03-12-2011, 09:38 PM

Originally Posted by HowardBeale

Finally, any filing fees you incur will be refunded at AT&T's cost if they decide to simply settle the matter outside of court.

To me, its the principle of the matter and the fact that AT&T is simply being another greedy corporation taking advantage of the american consumer.

GOOD LUCK!

"I'm mad as hell... and I'm not going to take it anymore."

If the end result of settling out of court means moving our plans onto the Orange NSS then I would say I would be interested. Not interested in credits, goodies/freebies or anything like that, which is mostly likely they will offer.

**HowardBeale** · 03-12-2011, 11:18 PM

Originally Posted by GeneB

Why are so many people trying to make lawyers even richer? If you are so angry with AT&T go elsewhere.

Nothing about my idea involves lawyers of any type, other than the AT&T customer going up against a corporation who will have to hire their lawyers to resolve the suit. As for monetary damages, if I switch plans as AT&T is asking, I will be paying at minimum an additional 30% more for the same services I have now or don't have, such as text messaging.

AT&T is acting like the slumlord in a rent controlled apartment, deciding to not fix the broken heat/water, to the point where the tenant throws their hands up and moves to another place, or agrees to a rent increase.

**billm261** · 03-13-2011, 12:39 AM

Originally Posted by HowardBeale

Nothing about my idea involves lawyers of any type, other than the AT&T customer going up against a corporation who will have to hire their lawyers to resolve the suit. As for monetary damages, if I switch plans as AT&T is asking, I will be paying at minimum an additional 30% more for the same services I have now or don't have, such as text messaging.

AT&T is acting like the slumlord in a rent controlled apartment, deciding to not fix the broken heat/water, to the point where the tenant throws their hands up and moves to another place, or agrees to a rent increase.

If your not in a contract and are simply upset that you would be paying more should you decide to continue service with them your SOL using that for the basis of an award or remedy.

When a month to month tenant does not like a rent increase they are more than welcome to find another place to call home.

You can do the same with your cell phone carrier.

Sent from my iPhone 3GS using HowardForums app

**ant1pathy** · 03-13-2011, 09:36 AM

You are not in contract. There is no case. AT&T can crank the prices for everyone up 1000% tomorrow who is not in contract, and there's no legal remedy for that. AT&T as a private, for profit company is not beholden to anyone but their voting shareholders as long as they operate legally. A rate plan increase for out of contract customer with several months of clear warnings is quite legal, however upset about it you are.

**sven_kirk** · 03-13-2011, 11:03 AM

Good luck with that.
Your customer agreement.
2.1.1. AT&T and you agree to arbitrate all disputes and claims between us. (Yes that is in bold, on their website).

Even class action suits are hard to initialize.

**HowardBeale** · 03-13-2011, 01:17 PM

Originally Posted by ant1pathy

You are not in contract. There is no case. AT&T can crank the prices for everyone up 1000% tomorrow who is not in contract, and there's no legal remedy for that. AT&T as a private, for profit company is not beholden to anyone but their voting shareholders as long as they operate legally. A rate plan increase for out of contract customer with several months of clear warnings is quite legal, however upset about it you are.

Regardless, they still would have to answer my questions, as well as 4k other att blus customers in small claims court. Or they settle out of court. I'm prepared to let a judge decide whether the basis of my argument has grounds or not, not someone on howardforums who is pissed that somebody has the nerve to stand up for themselves.

**billm261** · 03-13-2011, 02:05 PM

Originally Posted by HowardBeale

Regardless, they still would have to answer my questions, as well as 4k other att blus customers in small claims court. Or they settle out of court. I'm prepared to let a judge decide whether the basis of my argument has grounds or not, not someone on howardforums who is pissed that somebody has the nerve to stand up for themselves.

Settle out of court for what?

Your appearance in this forum has been nothing but to vent a personal anger with AT&T. It's your right but it must be disappointing that nobody here agrees with you.

If you had even the slightest, far reaching chance of success there would be postings in droves from people interested.
sven_kirk pointing out that YOU AGREED to arbitration dilutes your cause even more. Most carriers have that in the TOS and usually it's in a place far far away from where you live.

Wouldn't you be better off trying to convince those 4000 people to join another carrier?
4000 subscribers x 35.00 a month (just a random figure) = $ 140,000 x 12 months = One million, six hundred eighty thousand dollars a year of lost revenue.

But hey, go ahead with your vendetta, your anger, your frustration, what ever it is. Come back and let us know how you make out.

**HowardBeale** · 03-13-2011, 08:13 PM

Let's say I plan on keeping the same exact plan I currently have, minutes, no text option, and accept the lousy offer AT&T has put up. I'll be paying an additional 30% more per month for the same exact options. Why exactly is AT&T asking me to change plans? Is it because they are upgrading their systems? Are they spending hundreds of millions of dollars to upgrade their current equipment and capacity and somehow the sim card I have will no longer work? I have seen no evidence to suggest that.

The phone I have currently gets 3g service, I've been able to use it when I'm in Europe using other sim cards. My phone isn't becoming obsolete. It's the customers who are on the "old plans" that have become obsolete to the greedy executives at AT&T, who feel the slim profit margins on the AT&T blue accounts no longer justify the need to keep those customers.

As for what to ask for monetary wise in court, I feel since I've been a customer of AT&T for 11 years, and will soon be paying 30% additional ($12-$15 per/mo at minimum) with no change in service, I think it fair to use that in calculating what to ask for ($1,500 - $2,000). If AT&T disagrees, they can send someone to the small claims court in Los Angeles (and all the other cities where cases will be filed), and argue against us.

**efparri** · 03-13-2011, 08:22 PM

You cannot sue for prospective losses. You have to sue for losses you have actually incurred. You have no legal obligation to pay future charges. There is no contract compelling you to pay unconditionally. You cannot sue because the landlord is raising the rent next year.

**HowardBeale** · 03-13-2011, 08:45 PM

My proposal is extremely fair and within reason. If AT&T has any disagreement, I welcome the chance to argue my case before a judge in small claims court.

I strongly encourage other AT&T blue customers to follow my lead and do the same. (Feel free to contact me if you have any questions). So far everyone who has had something to say in this thread, have been those who have no concern in the matter.