You know, it’s really starting to look like AT&T really wants to be the asshole of the wireless world. Offering an absolutely shitty service, blocking 3rd party apps left and right, and now changing the ToS to deny customers from any type of class action service means AT&T really hates you and knows they suck. Now before we get started, if you haven’t read AT&T’s ToS, (which is all of you), you may want to check out this wording over here. For those of you who simply cannot click another link, the text in question is:
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted
What does this new switcheroo mean?
UpdateWhile I realize this clause isn’t new, it’s still a major strike against an already stricken ridden disappointment that AT&T has become.
You rights as a consumer to protect yourselves from monopolistic, anti-consumer behavior have just been slaughtered. If AT&T ever wrongs you and others from this point forward, you have absolutely no recourse as class action lawsuits are no unavailable as an option. You, a single measly human being are now up against a monopolistic giant if they ever (and will) wrong you (multiple times). By the way, this added clause includes new subscribers and existing subscribers.
So far AT&T hasn’t been doing too well to win me over this summer. What about you? It seems like every opportunity to fuck us customers over has been carried out without hesitation or thought into how absurdly ridiculous whatever new policy change will have or cause. Of course, just because it’s in a ToS doesn’t mean it will stick in court. I would *hope* that any court would see this barring of class action lawsuits as a blatant illegal addition and ignore it. For example, text by David Farver on Listbox highlights to instances where a class action type ban was both upheld and rejected. The rejected case took place in Washington and California where both states have laws that nullify such class action bans. On the other side of the spectrum, Louisiana (at the time) had laws in place that would actually uphold class action lawsuit bans and did so involving a T-Mobile class action ban/lawsuit. As you can see, your mileage will vary greatly depending on state, carrier in question, and wording of the clause.
Still, it may open the door for those of you who can’t take another bloody day of AT&T to defect sans cancellation fee. If so, are you gone? Do you even have to think about it?
Source: Mobile Crunch, Slashdot, List Box
