Subject: [NEXTEL-1] Can You Hear Me Now? Texas Court Sends Clear Message to Cell Phone Companies

From: Marcel <[email-masked]>
Date: Fri, 06 Dec 2002 16:52:18 -0500

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Can You Hear Me Now? Texas Court Sends Clear Message to Cell Phone Companies

DALLAS, Dec. 6 /PRNewswire/ -- The following was released today by Scott &
Scott, L.L.P.:
In a landmark decision, the Dallas Court of Appeals issued an opinion
Tuesday concluding that wireless carriers have to abide by state consumer
protection and contract laws or face liability in state courts. The proposed
class-action case of Bryceland v. AT&T Wireless, the first of its kind in the
state, alleges that AT&T misrepresented the quality of its services,
intentionally "overbooked" its network and failed to credit customers for
dropped calls.
AT&T customers Charles Bryceland, Darrin Brawner and Trey Christensen
brought suit in 1999 after becoming outraged with AT&T's service.
"Three out of every four calls that I tried to make were either dropped or
not connected in the first place," says Brawner.
Christensen, a Dallas resident, was upset by AT&T's practice of
"overbooking" its network. "They intentionally signed up more subscribers
than they could handle, like selling 1,000 tickets to a theater with only
800 seats," says Christensen.
AT&T argued that, under the Federal Communication Act, consumers had no
right to sue in state courts for violation of state contract and consumer
protection laws. The Court of Appeals did not agree, holding that cell phone
companies could be sued in Texas courts.
Dallas attorney Rob Scott, who represented the plaintiffs in court,
believes this decision sends an important message to all cell phone companies
offering services in the state of Texas.
"This case makes it clear that the courts will not give these companies
special treatment," says Scott. "The Federal Communications Act does not
protect cell phone companies from being held to the same consumer protection
and state contract laws that govern all companies. Now these companies will
be held responsible for false advertising and other deceptive trade
practices."
The Dallas Court of Appeals remanded the case to the trial court for
further proceedings.

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SOURCE Scott & Scott, L.L.P.

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