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"The proposed class-action lawsuit in California was filed in July 2015. An amended complaint alleged that AT&T "lured consumers into purchasing smartphones, wireless data cards and mobile service plans by aggressively promoting 'unlimited' data service plans without disclosing, or adequately disclosing, that its so-called 'unlimited' plans are actually limited."
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Check the "complaint" link.
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"This isn't the only lawsuit AT&T faces over its unlimited data throttling. The Federal Trade Commission has been trying to get refunds for customers since October 2014, but AT&T claimed the FTC has no jurisdiction over the company. Last month, the Ninth Circuit appeals court ruled against AT&T, allowing the FTC to continue its lawsuit against the company."
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Ricco99, what Supreme Court ruling are you referring to?
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We need to inform the FTC.
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It appears that the supreme court decision in 2011 doesn't apply. Or is that only in California?
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Is that what your referring to?
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Talked to an attorney, "California law doesn't allow a ban on class-action efforts in arbitration or litigation". So I guess it's only in California?
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Ricco99?
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I'm not a lawyer (though I spent 34 years in a court room) and neither is the guy who wrote that article. But if he has interpreted that ruling correctly, then yes, it only applies to residents of California; the Alabama resident was dismissed from the case.
The judge based his ruling on a ruling by the California Supreme Court; the US Supreme Court has yet to weigh in. That said, it has a long way to go (the Ninth Circuit has to rule first) before it gets to the Supreme Court for a final ruling. It may or may NOT stand once it gets there.
In the mean time, unless you live in California, your only option is an individual lawsuit (not a class action) or arbitration.