BOSTON (Legal Newsline) — A Massachusetts woman says AT&T Mobility, LLC deliberately misled customers about its unlimited data services.

Lisa Hayes, on her behalf and those similarly situated, filed a class-action lawsuit on Oct. 29 in the Massachusetts District Court against AT&T, alleging untrue and misleading advertising, misrepresentation, fraudulent concealment, breach of express warranty and unjust enrichment.

Hayes alleges that AT&T placed numerous limiting conditions on its wireless service plans marketed as "unlimited,” and either failed to disclose or adequately disclose the conditions to its consumers. Hayes argues that as a result of AT&T’s deceptive and material misrepresentations, its customers have suffered damages, including payment for services that were not as represented, and disruption and slowing of cell service. 

More specifically, Hayes, who was grandfathered into the unlimited plan, alleges that most of the AT&T subscribers who were offered grandfathering remained with AT&T rather than switching to a new plan, believing they would continue to enjoy unlimited data. Hayes argues that subscribers to an unlimited plan continued to pay the cost of the plan even though they became limited by what is known as “throttling,” which is the process of intentionally slowing the data speed on cellular phones or wireless cards when the user is approaching or has exceeded a certain data usage limit set by AT&T. Hayes argues that she and class members were not aware or notified of the throttling of their plans.

She is suing for damages, restitution and disgorgement of AT&T's revenues or profits to members of the class. She also is seeking declaratory and injunctive relief including preventing AT&T from continuing the alleged practices and requiring the company to engage in a corrective advertising campaign. In addition, she is asking the court to award attorney fees and court costs, and any other award deemed just by the court. Hayes is represented by Kenneth G. Gilman of the office of Gilman Law, LLP in Bonita Springs, Florida.

U.S. District Court, Massachusetts District Court Case no. 1:15-cv-13669-PBS

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