Facts

On April 1, 2009, Kenneth Blain's wife was charged 20 cents after she received an unwanted text message on her cell phone, which advertised a phone plan. Within the next two months, she received two similar text messages. She did not respond to any of these messages.

Nonetheless, Blain's subsequent phone bill stated a $9.99 charge in relation to "Premium TXT Messaging" and "unbilled usage from previous months." It also stated a charge for $9.99 for "current data usage" and had a 20 cent charge as to one text. Blain did not know how these charges appeared on the bill, so he visited the Verizon Store to investigate the charges.

Verizon informed him that GoLive! Mobile had originated the charges, and that Verizon could not reimburse him because GoLive! was a third party. Blain then filed an action against Cellco Partnership dba Verizon Wireless and SJA Mobile, LLC dba GoLive! Mobile.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed fraudulent concealment, negligent misrepresentation, unjust enrichment, Federal Truth-in-Billing Act violations, Telephone Consumer Protection Act violations, California Public Utilities Act violations, Consumer Legal Remedies Act violations, false advertising, and unfair business practices. Plaintiff argued that he did not order the product.

DEFENDANTS' CONTENTIONS:
Defendant SJA argued that defendant requested the product himself. Defendant Cellco claimed that it was in compliance with requirements to disclose information on the phone bill and argued that defendant SJA and the aggregators should be held responsible.

Damages

Plaintiff requested an injunction and relief in relation to the charges on the bills.

Result

The parties reached a settlement whereby defendant SJA agreed to pay $10,000 and Cellco agreed to pay $26,197.