Saenz v. AT&T

This page was created as a source of information to consumers who are inquiring about a class action lawsuit filed against AT&T that alleges that certain billing practices of AT&T relating to AT&T's One-Rate Calling Card Plan constitute unfair or deceptive practices.

Class Action Complaint Against AT&T
As set forth in the Complaint, Plaintiff Rochelle Saenz alleges that she signed up for AT&T's One Rate Calling Card Plan and was promised a rate of 25 cents per-minute for each calling card call.  Shortly after she contracted with AT&T to become a One Rate Calling Card customer, Plaintiff decided to change long distance carriers; however, she did not cancel her separate One Rate Calling Card. Consequently, for two months following the date on which she switched to a different long distance carrier, Plaintiff continued to use her One Rate Calling Card, expecting that AT&T would continue to honor its agreement to charge her at the rate of 25 cents per minute for calls placed using her One Rate Calling Card.  In fact, however, AT&T charged Plaintiff inflated per-minute rates (upwards of $1.94 per-minute) which far exceeded the 25 cents per minute rate which AT&T was contractually obligated to charge her. When AT&T refused to credit her for her call, she contacted Foley Bezek Behle & Curtis to bring a class action on her behalf.  A complete copy of the complaint that was filed in court can be accessed by clicking on the link on the left-hand sidebar entitled "View Complaint". 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 persons residing within the State of California who, at any time between November 3, 1999 and October 1, 2004, contracted with defendant AT&T Corp. for the use of a calling card under the One Rate Calling Card Plan and who were billed at a rate in excess of twenty-five cents per minute for any calls initiated by using their calling cards. 

Court Proceedings
On August 31, 2007, the Honorable Randall D. White, certified a class action against defendant AT&T Corp. for the Declaratory Relief cause of action on behalf of the above class.  In addition, Judge White certified plaintiff Rochelle Saenz as the representative of the proposed class and certifying Robert A. Curtis of Foley Bezek Behle & Curtis LLP and J. Paul Gignac of Arias Ozzello & Gignac, LLP as co-counsel for the proposed class.  To see the Order certifying this matter as a class action, click the link on the left-hand sidebar entitled "View Order Certifying Class Action".   

Contacting Foley Bezek Behle & Curtis, LLP
Current and former AT&T customers that wish to share their experiences with AT&T 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.   To view a more detailed explanation of the problems click "Check your bill" link on the sidebar menu. 

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