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This page was created as a source of information to consumers who are inquiring about a class action lawsuit filed against Cingular Wireless that alleges that the billing practice of Cingular relating to charging consumers for checking their voicemail constitutes a breach of contract, a violation of state consumer protection statutes, and a violation of the Federal Communications Act.
Class Action Complaint Against Cingular
As set forth in the Complaint, Plaintiff Benjamin Winig alleges that he entered into a service agreement with Cingular in which he was entitled to a specific number of “anytime minutes” and unlimited free “mobile-to-mobile” calls. Plaintiff also alleges that prior to July 2005, all calls made from his mobile phone to his own mobile phone number, primarily for the purpose of checking voicemail, were considered “mobile-to-mobile” calls and, therefore, were free. It is believed that in July 2005, Cingular changed its policy, without disclosing the change to its customers, and began charging customers for checking their voicemail. The contents of the complaint are only allegations until such time as those allegations are proven in court.
The Proposed Class
The proposed class consists of all mobile telephone customers of Cingular whose service agreements with Cingular included free “mobile-to-mobile” minutes, and who made one or more calls to their own mobile telephone number after Cingular changed their policy to start charging customers for these calls.
Court Proceedings
On September 27, 2006, U.S. District Court Judge Maxine M. Chesney, denied Cingular’s motion to compel arbitration. The Court found that the provision of the service agreement prohibiting Cingular’s customers from bringing a class action was unconscionable and unenforceable under California law. Cingular appealed this ruling but later dismissed its appeal. To read the Court’s Opinion, click the link on the left-hand sidebar entitled "View Court’s Opinion".
Contacting Foley Bezek Behle & Curtis, LLP
Current and former Cingular customers that wish to share their experiences with Cingular are welcome to contact Foley Bezek Behle & Curtis, LLP by emailing fb@foleybezek.com or by calling 805-962-9495 and asking for Robert A. Curtis.
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