Judge Allows Florida Case Against AT&T to Proceed

October 21, 2004
A judge has ruled that Florida can move forward with its case against AT&T. Leon County Circuit Judge Nikki Ann Clark denied motions by AT&T attorneys for a summary judgment against consumers and another motion to send the case to an administrative hearing under the authority of the Florida Public Service Commission (FPSC).

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Attorney General Charlie Crist sued AT&T on April 30 after an investigation into complaints from consumers who received charges on their telephone bill from AT&T for services they neither requested nor received.

The complaints indicated that when consumers called to complain, they were subjected to telemarketing sales pitches for AT&T services. Some were told that they would not receive refunds unless they signed up for these services.

"This ruling means that consumers will have their day in court," said Crist. "We believe they were played as pawns in a marketing scheme to enhance AT&T’s bottom line. That is wrong and they deserve to be compensated."

The judge denied AT&T’s motion to move the case to the jurisdiction of the Public Service Commission. Rejecting the assertions of the AT&T lawyers, Judge Clark said the Attorney General’s allegations "do not raise 'complex technical issues' that are 'beyond the ordinary experience of judges and juries' or within the 'special competence of the FPSC.'"

On May 20, the Attorney General obtained a court order requiring AT&T to promptly refund those consumers who were improperly billed and to cease the practice of pitching consumers who called to complain. Eight days later, Judge Clark denied AT&T’s motion to stay the May 20 order.

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