AT&T class action suit moves back to circuit court

Well, we learned a number of things this morning. First, there’s a lawsuit pending against AT&T in West Virginia that is seeking class-action status. Second, we learned that there is, in fact, cell phone service in West Virginia. Finally, and this is the biggest shocker, we learned that there are at least 58,800 people living in the state of West Virginia. Our estimate was off by about 58,000. Anyway, the case regards a “roadside assistance fee” tacked onto each AT&T, then Cingular, bill without the consent of the subscriber. This is another reason to look through your cell phone bill every single month. Apparently, carriers think it’s okay to charge you for stuff you don’t want or need. And, of course, AT&T is trying to skirt the issue like no one’s business. After the case was filed, they moved the case to federal court. But since the amount contested doesn’t exceed $5 million, they had to know that it would be thrown out. And it was.

n a 25-page order signed Wednesday, U.S. District Judge John T. Copenhaver Jr. ruled that the company had failed to meet its burden to show that it would trigger federal jurisdiction under the Class Action Fairness Act. Copenhaver sent the case back to Kanawha Circuit Court.

This is wonderful news, because West Virginians (wow, we never thought we’d pluralize that) now stand a better chance of victory. In their favor is the West Virginia Consumer Credit and Protection Act, which classifies the $2.99 monthly charge an “unfair or deceptive act or practice.” Do us a favor. Look over your latest wireless bill. Make sure there’s nothing suspicious on it. Because if you’re not looking, they’re going to charge you. [Charleston Daily Mail]]]>