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Conflict of Laws Keyed to Brilmayer
Schnall v. AT&T Wireless Services, Inc.
Citation:
225 P.3d 929 (Wash. 2010) (en banc)Facts
The Federal Communications Commission (“FCC”) requires certain companies to contribute to the Universal Service Fund (“USF”), which subsidizes phone and internet service to low-income and rural areas. The FCC permits companies to recover USF contributions from customers. Defendant, AT&T Wireless Services, Inc. (“AT&T”), AT&T recovered its contributions by charging a Universal Connectivity Charge (“UCC”), which was listed in customer agreements as either “Other Charges & Credits” or “Taxes, Surcharges & Regulatory Fees.” Plaintiffs, Martin Schnall and other customers of AT&T, filed a nationwide class action against AT&T in Washington state court, alleging that AT&T’s categorization of the UCC violated the Washington Consumer Protection Act (“CPA”). Plaintiffs further claimed that AT&T violated the terms of its contract by failing to disclose the charge at the time they signed their agreements with AT&T. The trial court denied class certification on all of Plaintiffs’ claims. Plaintiffs appealed to Division One of the Court of Appeals, which reversed the trial court’s decision.
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