According to the Supreme Court, a class action suit filed against AT and T U verse did not push through since the plaintiffs acceded to arbitration rather than legal action in the event of any problem encountered with the product or dissatisfaction with the service.
The Supreme Court refused to hear arguments and immediately dismissed the case filed by four plaintiffs who claimed that they have been denied a fair due process. An article in Law360 confirmed that both the high court and two lower courts settled for AT&T’s defense that the plaintiffs all approved of the arbitration clause stated through a pop-up clickwrap agreement at the time of purchase. Apparently, the plaintiffs submitted to clicking a required button saying that they agree with the terms of service prior to their transaction.
According to the said article, the class suit represented more than two million subscribers of AT and T U verse high bit-rate DSL technology. The arguments include fraud, breach of contract and other violations resulting from an inability to watch different shows on different TVs, failed phone connectivity, systematic defects that causes slow connections and service interruptions as well as freezing of movies and high definition channels.
In a separate complaint made in August 2010 in the Western District of Oklahoma, the plaintiffs alleged that the poor service rendered by AT and T U verse showed a willful and intentional decision to sacrifice quality in favor of greater profits. It also said that the company had purposely scrimped on their system’s basic infrastructures.
An Oklahoma judge also dismissed that claim following the arbitration clauses within AT&T’s contract which states that consumers cannot sue the company. Instead, they would have to settle for arbitration shall complaints of these types arise. In the same manner, an appeals court and the Supreme Court made similar rulings that ended the matter effectively.
When asked for the company’s reaction regarding the court decision, Kuriko Hasegawa, AT&T Spokeswoman, was pleased to express the company’s concord with the Court decision. According to her, the company believed that the claims and arguments made in the complaints and petitions have no basis at all.
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