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(LA Times)   AT&T thinks their customers shouldn't be able to file class-action lawsuits. What could possibly go wrong?   (latimes.com) divider line 103
    More: Scary, class action, United States Court of Appeals for the Ninth Circuit, employment contracts, Consumer Federation of America, National Labor Relations Board, Stanford Law School, Public Citizen, defense lawyers  
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15313 clicks; posted to Main » on 05 Nov 2010 at 1:16 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2010-11-05 02:34:39 PM
poisonedpawn78:

But you know why this wont happen? Cuz you ALL are farking pansies who are willing to trade your rights for an iphone.


:\
 
2010-11-05 02:37:09 PM
I live in a very rural mountain/wooded area.

I had AT&T internet wireless (laptopconnect) and surprisingly I could get 3g.

I've been using them for about 3 years and two weeks ago, without warning, they locked my device.

When I called them on it, they said your old contract is no longer valid, you have to sign up to 5 gig hardcap limit and then after that you will charged x/per Gig...which is technically legal from the contract stand point, that I signed.

I occasionally go over 5 gigs, but why should I pay 60 bucks a month for the service. + extra if I go over.

I just got a sat. internet dish installed from hughes...and I dropped AT&T like a hot potato.

What sucks there is no cable here, there is no DSL here...so it's either wireless, sat. or dialup.

There should be laws forcing them to give me unlimited service since I don't have any options as the intertubes are in my view part of critical national infrastructure and that is one of the few things I think government should interfere in and regulate hard.

I'll never do business with AT&T again and will sign up for a class action anytime...provided the Supreme Court allows me.

Off my soapbox and back to my sipping liquor.
 
2010-11-05 02:37:59 PM
poisonedpawn78: You know the hilarious part is. The consumer still ultimately holds the greatest power and threat to AT&T even IF scotus rules in AT&T's favour.

Consumers can simply not sign the contracts and not purchase services from that company. effectively putting them instantly out of business. And any company that follows in the same foot steps would suffer the same fate.

But you know why this wont happen? Cuz you ALL are farking pansies and wont stand up for your rights or for what is right and just. You would rather watch another episode of american idol and sing along like a strangled cat as you text in your vote.


Duuuuddee. I don't think you have any right to speak on this. Look what you guys did to bacon and football.
 
2010-11-05 02:39:41 PM
poisonedpawn78: You know the hilarious part is. The consumer still ultimately holds the greatest power and threat to AT&T even IF scotus rules in AT&T's favour.

Consumers can simply not sign the contracts and not purchase services from that company. effectively putting them instantly out of business. And any company that follows in the same foot steps would suffer the same fate.

But you know why this wont happen? Cuz you ALL are farking pansies and wont stand up for your rights or for what is right and just. You would rather watch another episode of american idol and sing along like a strangled cat as you text in your vote.



On hold with the bastards now, cancelling my stripped-down, no frills landline account. I had an affection for the number because it's old school - I've had it for 23 years.

/...and I just found $27.98 a month! Woo Hoo!
 
2010-11-05 02:39:55 PM
Walker: How did this make it all the way to the US Supreme Court? So basically if AT&T wins companies would be allowed to do whatever they want to you, even kill your kids from faulty products, and you can't join a class action lawsuit against them for damages?

It's a Libertarians wet dream.
 
2010-11-05 02:43:57 PM
Sad King Billy: I agree with everyone else. It's hard to believe that this can even make it to the Supreme Court and that based on recent history AT&T may very well win.

I do have a question though.

Do class action lawsuits ever benefit anyone other than lawyers?


No but I think the main purpose is to hurt the companies that abuse those consumers being represented, in order to discourage them from attempting further abuses.
 
2010-11-05 02:46:55 PM
KwameKilstrawberry: poisonedpawn78: You know the hilarious part is. The consumer still ultimately holds the greatest power and threat to AT&T even IF scotus rules in AT&T's favour.

Consumers can simply not sign the contracts and not purchase services from that company. effectively putting them instantly out of business. And any company that follows in the same foot steps would suffer the same fate.

But you know why this wont happen? Cuz you ALL are farking pansies and wont stand up for your rights or for what is right and just. You would rather watch another episode of american idol and sing along like a strangled cat as you text in your vote.


On hold with the bastards now, cancelling my stripped-down, no frills landline account. I had an affection for the number because it's old school - I've had it for 23 years.

/...and I just found $27.98 a month! Woo Hoo!


Good for you. I hope you tell them why.
 
2010-11-05 02:47:56 PM
Not just about consumers. This little bit is buried near the bottom of the article:

"If the court decides that the federal law trumps state law in this case, there's no limit to what companies could do," Gupta said. "All companies and employers would be able to put arbitration clauses in contracts that prevent people from joining class actions."
 
2010-11-05 02:48:46 PM
Fark AT&T and their farking horrible service.
 
2010-11-05 02:49:06 PM
There is no way the Republican Supreme Court would rule in AT&Ts favor. This is a State's Rights case, they have to rule in favor of the state law striking down class action bans.

The Republicans in charge would never do anything against the will of their people.
 
2010-11-05 02:49:21 PM
Latinwolf: Walker: How did this make it all the way to the US Supreme Court? So basically if AT&T wins companies would be allowed to do whatever they want to you, even kill your kids from faulty products, and you can't join a class action lawsuit against them for damages?

It's a Libertarians wet dream.


Actions have consequences - unless you are incorporated.
 
2010-11-05 02:53:04 PM
Zumaki: If I could get my Android phone without a contract, I would. .

Here ya go. Even running the Sprint towers. (new window)

Got one for my wife. $25/month is not a bad deal for the way we use it. Its not as fast as my work provided Evo, but it works. If I left my job, its what I would get if we needed another phone, unless for some strange reason I need a crap ton of talk time. Should be on the shelves at most Target stores.

Will never have a contract on a phone. ATT screwed me over in the early 90s with a bag phone contract. Fark them and other lock in for a phone. Rather pay for a phone up front than bend myself over for a 'free' or reduced one.
 
2010-11-05 02:58:59 PM
Frosty_Icehole

I'm looking for new service now. Cell service in NYC from AT&T keeps getting worse even though I received a letter from them telling me how many new towers they have installed since January. When is the iPhone going to be available from Verizon? Maybe it's time to go Android?
I love Apple stuff but I could give up the iPhone.
 
2010-11-05 03:02:08 PM
There is actually about to be a very interesting consumer experiment.

The Samsung Galaxy Tab is going to be sold by numerous providers. However, unlike the competition, Verizon is going to sell their version for $200 more, but not have a contract. So which do you think will sell better? Pay $200 more or sign a contract.
 
2010-11-05 03:12:00 PM
guilt by association: Not just about consumers. This little bit is buried near the bottom of the article:

"If the court decides that the federal law trumps state law in this case, there's no limit to what companies could do," Gupta said. "All companies and employers would be able to put arbitration clauses in contracts that prevent people from joining class actions."


don't you know? this is america, that means: your employer is better than you. you're lucky to have a job. you should do what the boss says and lick their boots clean each morning. now get back to work you bum.
 
2010-11-05 03:24:56 PM
ZAZ: Interesting. I don't do business with companies that require me as a consumer to sign an arbitration contract. Arbitration leaves me open to unlimited liability with no meaningful judicial review while taking away my right to sue. "You can't sue but you can go to arbitration" means the same to me as "you can't sue" which means the same to me as "we're going to screw you and run away laughing."

State courts have been chipping away at arbitration contracts for years and federal courts stood back doing nothing. While favorable towards consumers, these state court decisions are likely in violation of federal law. Soon we'll know.


How do you function? Such clauses are in just about every contract with the big guys these days.

Walker: How did this make it all the way to the US Supreme Court? So basically if AT&T wins companies would be allowed to do whatever they want to you, even kill your kids from faulty products, and you can't join a class action lawsuit against them for damages?

AT&T keeps losing, they keep appealing.
 
2010-11-05 03:47:32 PM
poisonedpawn78: KwameKilstrawberry: poisonedpawn78: You know the hilarious part is. The consumer still ultimately holds the greatest power and threat to AT&T even IF scotus rules in AT&T's favour.

Consumers can simply not sign the contracts and not purchase services from that company. effectively putting them instantly out of business. And any company that follows in the same foot steps would suffer the same fate.

But you know why this wont happen? Cuz you ALL are farking pansies and wont stand up for your rights or for what is right and just. You would rather watch another episode of american idol and sing along like a strangled cat as you text in your vote.


On hold with the bastards now, cancelling my stripped-down, no frills landline account. I had an affection for the number because it's old school - I've had it for 23 years.

/...and I just found $27.98 a month! Woo Hoo!

Good for you. I hope you tell them why.


Yes, I did. They immediately asked me if they could they could share more services and products with me.

/I said no. You can go off script now. Sheesh.
 
2010-11-05 04:14:02 PM
So basically they want to make RICO legal?
 
2010-11-05 04:17:57 PM
ZAZ: Interesting. I don't do business with companies that require me as a consumer to sign an arbitration contract. Arbitration leaves me open to unlimited liability with no meaningful judicial review while taking away my right to sue. "You can't sue but you can go to arbitration" means the same to me as "you can't sue" which means the same to me as "we're going to screw you and run away laughing."

State courts have been chipping away at arbitration contracts for years and federal courts stood back doing nothing. While favorable towards consumers, these state court decisions are likely in violation of federal law. Soon we'll know.


Same here, Syncrude tried to get me to sign one years ago. So their guy told me, "Oh we can work this out, it's all negotioable". It was the first clause to get axed, he didn't even put up a fight over it or anything.
 
2010-11-05 04:19:47 PM
And of course our current supreme court will give this to them. It won't be long with this make up to end up with a corprate state before too much longer.
 
2010-11-05 04:46:16 PM
If you don't want to be subject to this, then DON'T SIGN UP. Doh.
 
2010-11-05 04:51:35 PM
Option B: Death by a million cuts when thousands of consumers say what the hell and sue them in small claims court individually.

/unintended consequences
 
2010-11-05 04:52:31 PM
Latinwolf: Walker: How did this make it all the way to the US Supreme Court? So basically if AT&T wins companies would be allowed to do whatever they want to you, even kill your kids from faulty products, and you can't join a class action lawsuit against them for damages?

It's a Libertarians wet dream.


Funny you say that. As a libertarian I think its idiotic.
 
2010-11-05 04:56:02 PM
. "And we pay the entire cost of the arbitration, except the filing fee if a customer is claiming $75,000 or more," Richter said.

This creates a HUGE conflict of interest. Why the courts cannot see this is a mystery to me.
 
2010-11-05 05:06:38 PM
Weaver95: legendary: I think everyone already knows how this case is going to turn out. The little guy gets farked once again.

and you know what? I think this country NEEDS to be kicked in the balls. people need to be looted and pillaged by corporate injustice. they need to have their money stolen, their homes taken by mistake, their families raided by no knock warrants with the wrong addresses on 'em. I want middle america to experience all the consequences of all the f*cking stupid decisions they've been voting for over the past several years. Because maybe then we'll see an election where we don't put the same idiots back in office who caused all our problems in the first place.


It's already happening and people are blaming socialism.
 
2010-11-05 05:31:51 PM
When my company was bought by a large international telecommunications company (no, not AT&T but we are up there)
I was forced to sign a new contract with the company. In the company was an arbitration only clause.

I almost didn't sign... but I did and it's not one of the decisions I'm most proud of... because everyone one of us was saying "Ok, screw my rights, here are my balls sir, you own me now" If a company forces me to do it for a product, fark them. I'll beg borrow, pirate hack, steal hijack to find the product/service elsewhere.

It's not that I got screwed signing my employment contract, but at the same time I may very well have that happen and have basically no recourse.

I don't plan on making the same mistake twice.
 
2010-11-05 06:01:02 PM
wingnut396: Zumaki: If I could get my Android phone without a contract, I would. .

Here ya go. Even running the Sprint towers. (new window)

Got one for my wife. $25/month is not a bad deal for the way we use it. Its not as fast as my work provided Evo, but it works. If I left my job, its what I would get if we needed another phone, unless for some strange reason I need a crap ton of talk time. Should be on the shelves at most Target stores.

Will never have a contract on a phone. ATT screwed me over in the early 90s with a bag phone contract. Fark them and other lock in for a phone. Rather pay for a phone up front than bend myself over for a 'free' or reduced one.


I have considered Virgin Mobile, but the horror stories I've read on forums make it sound like texts never work and customer service is non-existent. I wonder if the forum posts are all ATT or Verizon plants. Has your experience been good?
 
2010-11-05 06:43:00 PM
poughdrew:
I have considered Virgin Mobile, but the horror stories I've read on forums make it sound like texts never work and customer service is non-existent. I wonder if the forum posts are all ATT or Verizon plants. Has your experience been good?


Only had to use customer service to port our number and to block a few numbers from the previous deadbeat on our other virgin phone. Otherwise, no issues.

Never had any service issues, aside from where spring recepetion is spotty anyway. But then I'm not insanely heavy user, but its always worked for me. YMMV of course.

As far as horror stories, there out there for all. At least Virgin you can walk a way from. Don't give them your credit card and do all your payment via top up cards. Worst case, they cut you off and you get a Boost phone.
 
2010-11-05 06:44:29 PM
Penman: If you don't want to be subject to this, then DON'T SIGN UP. Doh.

Yeah, thats easy to say, until it is required for you got get a job, or electricity, or see a doctor. Not everything is easy as choosing an alternative when everyone requires it.
 
2010-11-05 06:46:21 PM
China White Tea: poisonedpawn78:

But you know why this wont happen? Cuz you ALL are farking pansies who are willing to trade your rights for an iphone.

:\


B^)
 
2010-11-05 07:38:30 PM
Here's your hands-off, libertarian paradise, right here. I'm sure the "free market" will take care of any possible corruption on the part of AT&T, right? I mean, one wrong move and BAM! Some upstart global telecommunications company in some guy's garage gets a tidal wave of disenfranchised AT&T customers.
 
2010-11-05 07:48:25 PM
As a former AT&T victim, employee whatever - everyone should call a lawyer and file suit against these bastages!

I loathe AT&T if another U-verse door-to-door salesman comes to my door...I'm grabbing one of my son's used diapers
 
2010-11-05 07:51:02 PM
A Fark Handle: Kazan: corporate personhood is bullshiat, and has no constitutional basis

THIS!!

it's a historical anomaly that exists because the law didn't know what to do with corporations in court actions. people are persons. pieces of paper are not persons. if we can't shoot it and watch it bleed for farking up it's not a person...

/wait, did i just give personhood to bears?


Personage has nothing to do with the CU ruling fark tard. Go read the decision. The 1st amendment does not only apply to citizens. It is a limitation on the power of congress, not a granting of rights to individuals.
 
ZAZ [TotalFark]
2010-11-05 07:51:57 PM
MurphyMurphy

I have been acquired three times by giants of the tech industry. First time I was a contractor. I looked at their take it or leave it new worker rules, said I'm not signing this and found a better job for more pay before they even realized I was serious. (Pre-bubble burst.) Second time it seemed like a good deal for me at first, not so good after working under the new regime, and terrible after they fully merged our operations. I quit that job in disgust. Third time I had serious reservations and I nearly declined the new company's offer and collected unemployment instead. I should have done that. Next time I will.
 
2010-11-05 07:52:28 PM
madgonad: Yeah, Kelo and Citizens United pretty much ended America as it was. Now it is Corporerica.

I still don't understand how the GOP/Tea Party gets their votes. The Right Wing (and me) are furious about these things, but it is the Right Wing's judges and legislators that do these things. They are like abused spouses that adamantly cling to and defend their abuser.


My god some of you are farking retarded. Kelo was a right wing decision? I swear...
 
2010-11-05 08:29:19 PM
wingnut396: Penman: If you don't want to be subject to this, then DON'T SIGN UP. Doh.

Yeah, thats easy to say, until it is required for you got get a job, or electricity, or see a doctor. Not everything is easy as choosing an alternative when everyone requires it.


No, you have the choice not to sign. Take a little responsibility for your life. It can be quite uplifting.
 
2010-11-05 09:25:49 PM
Penman: wingnut396: Penman: If you don't want to be subject to this, then DON'T SIGN UP. Doh.

Yeah, thats easy to say, until it is required for you got get a job, or electricity, or see a doctor. Not everything is easy as choosing an alternative when everyone requires it.

No, you have the choice not to sign. Take a little responsibility for your life. It can be quite uplifting.


Yes, of course! You have the right not to sign the contract! But if every corporate entity has an arbitration clause in their contract, that means you won't be buying an house, car, getting phone service, medical care, or anything else, you farking moron.

Let us all know how living in some cave works out for you...
 
2010-11-05 10:00:05 PM
Many people abuse the class action mostly attorneys, BUT in doing so they assure the few companies which control EVERYTHING stay in check.
 
2010-11-05 10:59:40 PM
MyRandomName: A Fark Handle: Kazan: corporate personhood is bullshiat, and has no constitutional basis

THIS!!

it's a historical anomaly that exists because the law didn't know what to do with corporations in court actions. people are persons. pieces of paper are not persons. if we can't shoot it and watch it bleed for farking up it's not a person...

/wait, did i just give personhood to bears?

Personage has nothing to do with the CU ruling fark tard. Go read the decision. The 1st amendment does not only apply to citizens. It is a limitation on the power of congress, not a granting of rights to individuals.


i know the ruling farktard...you're inventing history if you think the bill of rights was not directed towards individuals and/or possibly states and it was never directed towards corporate entities. thus, i would claim that the first amendment does not apply to corporate spending.

/also, no matter if it's applicable in the CU ruling, corporate personhood is bullshiat on its face
 
2010-11-05 11:05:33 PM
A Fark Handle: thus, i would claim that the first amendment does not apply to corporate spending.

What part of "Congress shall make no laws" is giving you trouble?
 
2010-11-05 11:27:25 PM
docs.google.com

AT&T is shameless.
 
2010-11-05 11:47:21 PM
Man On Pink Corner: A Fark Handle: thus, i would claim that the first amendment does not apply to corporate spending.

What part of "Congress shall make no laws" is giving you trouble?


It says "Congress shall make no laws limiting corporate spending"?
 
2010-11-06 12:04:46 AM
TheRaven7: Man On Pink Corner: A Fark Handle: thus, i would claim that the first amendment does not apply to corporate spending.

What part of "Congress shall make no laws" is giving you trouble?

It says "Congress shall make no laws limiting corporate spending"?


they also didn't foresee the invention of fully automatic firearm, or the the internets, or wires (or electronic transmissions) that could be tapped, or the end of slavery. therefore, we should always interpret the bill of rights in an 1780s frame of mind.

also, anything in the constitution mention that corporations are the people? does it claim that corporations and all other entities should be granted the rights enumerated in the bill of rights? does it ban dogs from having rights? what about gay people? what about rocks you find particularly cute?
 
2010-11-06 12:15:52 AM
You mean I won't get a coupon for $30 off of my next phone upgrade? Or some library won't get their 250 copies of the latest CD that bombed?
Shucks.

Just organize (the Internet is great for that) and all two million of you file $75 small claims lawsuits. There's a really good chance it'll result in a $150 million overall judgment that cannot be appealed and, if not paid for long enough, will allow you to stake a legal claim to some property of the company in your state.

If necessary, lobby your state legislature to stake a claim for your state courts to any litigation involving a party that is a resident of your state. IIRC, those laws have held up remarkably well where implemented (such as California's law that anyone who does business in California can be sued in California even if neither their headquarters nor the suing party are located in California).

Class-action suits only make it easy on the respondent, not the complainant.
 
2010-11-06 12:28:40 AM
obzerver: Pastor M: I hope this works.

I hope ATnT and all the other giant corporations get their wet dreams fulfill.

Goddamn am I going to enjoy it when the average American has no other recourse with a company than to fire bomb their damn offices.

Who brought the marshmallows?


I can see this happening. Would not surprise me to see a slew of executives and share holders killed either. From Wall St to Big Pharm the #1 priority is profit at all cost and that is often at the expense of every day people. I can only hope the every day people have good aim.


A lot of people are out of work and have lost everything. A lot of people believe they have nothing to lose. I happen to have a lot to lose and haven't been too farked over by anyone -- to my knowledge, anyway. However, the only prayer I would offer were I the praying type anymore would be that the people who do go over the edge are guided to appropriate targets and that their paths are made clear. AT&T is a company run by very evil people who were let off the hook for spying on US citizens. I wouldn't advocate it, but I also would not cry a single tear if the people who run that company were taken out by a drunk guy with an AK.

Just please, if you're going to throw away your life to stick it to someone, take it to the people who deserve it. Don't go fire-bombing your local AT&T store while people might be in it.
 
2010-11-06 02:23:24 AM
Weaver95: and you know what? I think this country NEEDS to be kicked in the balls. people need to be looted and pillaged by corporate injustice. they need to have their money stolen, their homes taken by mistake, their families raided by no knock warrants with the wrong addresses on 'em. I want middle america to experience all the consequences of all the f*cking stupid decisions they've been voting for over the past several years. Because maybe then we'll see an election where we don't put the same idiots back in office who caused all our problems in the first place.

So vote Republican.
 
2010-11-06 03:36:58 AM
AT&T is just a corporate spawn of satan. After shelling out $45+/mo for their 'high speed internet' (yea, 768K, in reality shiatty service slightly faster than dial up), I dropped 'em for cable modem for less than half the cost. Tried to sell me on a 1/2 plan. I said how 'bout the zero plan & canned 'em.

AT&T can die & go straight to hell.
 
2010-11-06 09:18:46 AM
Consumer advocates say that without the threat of class-action lawsuits, many businesses would be free to engage in unfair or deceptive practices. Few people would litigate on their own to resolve a case involving, say, a hundred bucks.

It would be interesting to see this potentially turned around on companies if this passes, though. Can you imagine ATT trying to defend itself in even a thousand different small claims courts across the country? The internet can be a great organizer.
 
2010-11-06 09:28:28 AM
wingnut396: Zumaki: If I could get my Android phone without a contract, I would. .

Here ya go. Even running the Sprint towers. (new window)

Got one for my wife. $25/month is not a bad deal for the way we use it. Its not as fast as my work provided Evo, but it works. If I left my job, its what I would get if we needed another phone, unless for some strange reason I need a crap ton of talk time. Should be on the shelves at most Target stores.

Will never have a contract on a phone. ATT screwed me over in the early 90s with a bag phone contract. Fark them and other lock in for a phone. Rather pay for a phone up front than bend myself over for a 'free' or reduced one.


Two things:

1) Samsung sucks at Android, and their customer service/hardware support sucks
2) Virgin Mobile has a pretty crappy track record for service, reliability, and customer support. There's a reason the plan is $60 cheaper than Sprint's.
 
2010-11-06 10:15:43 AM
Check out CREDO Mobile. They use Sprint lines. Customer Service is excellent, and I've rarely had problems with dropped calls.
 
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