This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Misrepresentation

Marcus A. Roberts, Kenneth A. Chewey, and Ashley M. Chewey, on behalf of themselves and all others similarly situated v. AT&T Mobility LLC

Published: Sep. 10, 2021 | Result Date: Aug. 20, 2021 | Filing Date: Jul. 24, 2015 |

Case number: 3:15-cv-03418-EMC Settlement –  $12,000,000

Judge

Edward M. Chen

Court

USDC Northern District of California


Attorneys

Plaintiff

Michael W. Sobol
(Lieff, Cabraser, Heimann & Bernstein LLP)

Roger Norton Heller
(Lieff, Cabraser, Heimann & Bernstein LLP)

Daniel M. Hattis
(Hattis & Lukacs)

John A. Yanchunis
(Morgan & Morgan Complex Litigation Group)

Jean Sutton Martin
(Law Office of Jean Sutton Martin)

Alexander H. Schmidt
(Alexander H. Schmidt, Esq.)

D. Anthony Mastando
(Mastando & Artrip LLC)

Eric J. Artrip
(Mastando & Artrip LLC)


Defendant

Peter D. Marketos
(Reese Marketos LLP)

Brett S. Rosenthal
(Reese Marketos LLP)

Tyler J. Bexley
(Reese Marketos LLP)

Sean F. Gallagher
(Reese Marketos LLP)

Donald M. Falk
(Schaerr Jaffe LLP)

Elspeth V. Hansen
(Mayer Brown LLP)

Andrew J. Pincus
(Mayer Brown LLP)

Kevin S. Ranlett
(Mayer Brown LLP)

Jeffrey M. Tillotson
(Tillotson Law)


Facts

Plaintiffs brought a class action suit against defendant AT&T Mobility LLC on behalf of consumers who purchased an unlimited data plan from defendant and whose mobile data usage was throttled.

Contentions

PLAINTIFF CONTENTIONS: Plaintiffs contended that defendant's purportedly unlimited data plans were falsely advertised because defendant would dramatically slow users' data speeds after reaching a data usage threshold. This slow down, also called throttling, rendered speeds so slow that ordinary internet use became impracticable.

DEFENDANT CONTENTIONS: Defendant denied any wrongdoing.

Injuries

Payment for services that were not as advertised.

Result

The parties agreed to settle the case. Defendant will pay a settlement fund of $12,000,000 to cover all costs of the settlement.


#137694

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390