Cottrell v AT&T, Pacific Bell and DirecTV Litigation
United States District Court for the Northern District of California, Oakland Division
Case No. 19-cv-07672
If you are a California resident who, while living in California, had AT&T open or charge you for an unauthorized account, product, or service—such as the DirecTV Now streaming service (now called “AT&T TV Now”), or AT&T’s “business internet”—and would like to know more about your rights, please contact Keller Rohrback at 800-776-6044, firstname.lastname@example.org, or by using the secure form to the right.
On February 2, 2020, Plaintiff’s First Amended Class Action Complaint was filed against AT&T, Inc., and its subsidiaries Pacific Bell Telephone Co., and DirecTV, LLC alleging violations of California consumer-protection laws.
Plaintiff alleges that AT&T is opening unauthorized accounts and charging people for services and products they do not request, such as the DirecTV Now streaming service or an AT&T business internet account. Often, it takes people months to realize that they are being charged. This is likely because an AT&T employee told them the product was “free” or because the AT&T employee opened the account without even telling the person, using credit card information AT&T already has on file. This practice has been occurring for several years in California and throughout the United States. It can occur at an AT&T store or over the phone while talking to an AT&T sales representative.
Defendants responded to the Complaint with a Motion to Compel Arbitration and to Stay Litigation. On May 27, 2020, the Court issued its ruling denying the motion to compel arbitration, citing California’s McGill rule and Ninth Circuit Court of Appeals precedent in Blair v. Rent-A-Center, but granted the stay—pausing the case until the Supreme Court of the United States could potentially review two related cases. However, the United States Supreme Court denied review of those cases and on June 23, 2020, the district court entered an Order allowing the litigation to move forward. The district court has scheduled a Case Management Conference for August 14, 2020.
Defendants have appealed the court’s denial of their motion to compel arbitration to the Ninth Circuit Court of Appeals. The briefing on the appeal will continue through the summer and fall of 2020.
You may review certain court-filed documents below.