The lawsuit claims that Pacific Bell Telephone Company (“PBTC”) violated California consumer protection laws and other state laws by imposing Late Payment Charges (“LPCs”). The suit seeks to recover monetary damages, restitution, and injunctive and other relief. The Court has not decided whether Plaintiff or PBTC is correct. Instead, both sides agreed to a settlement.
Settlement with Pacific Bell Late Fee Litigation Instructions
Luis Alberto Mier, on behalf of himself and all others similarly situated, has sued PBTC, which does business as AT&T California, alleging that PBTC’s Late Payment Charges for its residential landline telephone customers are unlawful contractual penalties under California Civil Code § 1671(d), and that PBTC, in charging and collecting them, violated California consumer protection statutes. PBTC denies all wrongdoing and denies the Plaintiff’s allegation.
You are a class member if you had or have a California area code and California billing address, and either are receiving or received residential landline telephone service from PBTC or its affiliates pursuant to PBTC’s RSA, or any successor agreement thereto, and you paid one or more LPCs imposed by PBTC for such service at any time during the period starting July 15, 2009, up through April 24, 2013.
Your legal rights are affected, and you have a choice to make now.
- Submit a Claim Form by December 31, 2013. This is the only way you get settlement fund. Claim Forms are available on the Claim Form page, along with instructions about how to submit them.
- Ask to be excluded by September 13, 2013. Get out of the lawsuit. Get no benefits from it.
- Submit an objection by September 13, 2013. Write to the court about why you do not like the Settlement.
- Do nothing. You give up any rights to sue PBTC separately about the same legal claims. Meanwhile, you are eligible to receive a portion of the settlement fund if the settlement is approved, without filing a Claim Form.
The Settlement provides for the following relief.
- PBTC will create a settlement fund of $15 million.
- PBTC will submit to an injunction restricting it from charging residential Late Payment Charges exceeding $1.25 plus 2% of outstanding bills over $30.00 (the “Injunction”) for two years and four months.
- PBTC will contribute up to $5 million in cash, over and above the Settlement Fund, to pay for the portion of Class Counsel’s attorneys’ fees and expenses attributable to the Injunction, if and to the extent awarded by the Court.
The “NOTICES” button on the bar provides you with the method to download Notice. You can find relevant important documents by clicking the “COURT DOCUMENTS“. If you do not understand the lawsuit, please visit the FAQs to get answers.
The content of the Settlement are shown on the website pbtclatefeesettlement.com.
About Pacific Bell Telephone Company
Pacific Bell Telephone Company, doing business as AT&T California, provides landline telecommunications services to residential and business access lines in California. The company offers local services, which include local exchange services, extended area services and much more. It also provides long distance services, including wide area telecommunications services; and network access services, as well as telecommunications equipment. The company was founded in 1906 and is headquartered in San Francisco, California. Pacific Bell Telephone Company operates as a subsidiary of AT&T, Inc.
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