A St. Louis County circuit judge has certified a class action against AT&T.
The lawsuit could potentially affect tens of thousands of customers in five states that allegedly received slower DSL speeds than AT&T had advertised.
The lawsuit against AT&T claims the company had not delivered on its advertising promises of providing high speed DSL Internet access of at least 384 kilobits per second up to a possible of 1.5 megabits per second.
Judge Gary Gaertner Jr. granted class certification for the breach of contract claims. The class includes AT&T customers from Dec. 31, 2000, through the present in Missouri, Texas, Oklahoma, Kansas and Arkansas, who were not provided speeds of at least 384 kbps or whose lines were set or “capped” at speeds below 1.5 Mbps.
A separate class was created just for Missouri residents for claims under the Missouri Merchandising Practices Act.
AT&T spokesman Kerry Hibbs said the company would appeal the class certification and declined to comment further.
The class is represented by Don Downing and Robert Ritter, of Gray, Ritter & Graham.
The case is Gail Ford and Carrie Dunne, on behalf of themselves and all others similarly situated, v. SBC Communications Inc. et al., 2106CC-03625.
Nov 17, 2009 3:00 pm
Lawsuit