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Thursday, August 18, 2011
AT&T Aftermath: No Public Accountability for False Claims about Smartphone Speeds
The Corporate Court's decision in AT&T Mobility v. Concepcion set a dangerous precedent, and is forcing everyday Americans out of the courthouse. AFJ takes a look at some of the cases impacted by the decision.
Case: Arellano v. T-Mobile USA, Inc.
Stacie Lee Arellano bought a “MyTouch 4G” smartphone from T-Mobile, and signed a two year contract for service. But, according to Arellano, the phone and T-Mobile’s network don’t actually provide “4G” service or speeds, just a rebranded “3G” connection. Questionable “4G” labeling is an ongoing problem in the cellular industry, and Arellano sought to represent a class of consumers in seeking damages and injunctive relief against T-Mobile’s advertising. Arellano argued that the contract’s class waiver was unenforceable because it would preclude any possibility of obtaining an injunction to prevent T-Mobile from continuing to deceive the general public. The district judge ruled that “perhaps regrettably, this argument was rejected” by the Supreme Court’s Concepción decision.
Click here for more on the aftermath of the Court's AT&T decision.