Ting v. AT&T

U.S. District Court, Northern District of California Case Number C 012969 BZ ADR

Case Type: Class Action - Unfair and Unlawful Business Practices

Status: Judgment for Plaintiffs after trial, upheld on appeal

The Sturdevant Law Firm and co-counsel Trial Lawyers for Public Justice represented the plaintiff class and a consumer advocacy organization in this class action lawsuit against AT&T on behalf of seven million California consumers. The lawsuit challenged the phone company’s attempt to eliminate the legal rights and judicial remedies available to consumers in any disputes with the company by unilaterally requiring that such disputes be resolved through mandatory arbitration. In a landmark ruling after trial, the court found that AT&T’s mandatory arbitration clause was illegal, unconscionable, and unenforceable because it sought to strip consumers of numerous rights and remedies that they would have in court, including the right to consequential and punitive damages, the right to file and participate in class actions, the right to recover costs if they win, and the right to a public forum. On appeal the Federal Court of Appeal upheld the trial court’s decision in most respects. The decision of the trial court and the Court of Appeal can be found at Ting v. AT&T, 182 F. Supp. 2d 902 (N.D. Cal. 2002) and Ting v. AT&T, 319 F.3d 1126 (9th Cir. 2003), cert. denied, 540 U.S. 811, 124 S.Ct. 53 (2003), respectively.