BIRMINGHAM, Ala. (CN) – In an ultimate cramming case, a federal class action claims that AT&T not only allows a crammer to bill them for services they don’t want, it lets Innotrac bills them for telephones that it sent and the customers don’t want either.
Richard Matthews claims UPS delivered him a package containing phones and an answering machine.
“Plaintiff did not order or request this equipment,” the complaint states. “He called AT&T and asked them what authority they had to send this unrequested equipment. AT&T stated that they couldn’t answer his question, but referred him to Innotrac’s telephone number,” where, AT&T said, he could ask Innotrac for “a label to use in returning the equipment.”
Matthews says that AT&T told him that “if he did not return the equipment, he would be billed through his residential telephone service for this equipment.”
Sure enough, the next month, the phones and answering machine were charged to his telephone bill, Matthews says.
To top it off, AT&T changed his residential phone package without asking him, adding $18 to his monthly bill.
Matthews says he “called AT&T and asked them what authority they had to randomly change his telephone service. AT&T stated that they were not sure why his telephone package had suddenly increased.” The telephone company added that “customer authorization was needed” before it could do that, though.
Matthews wants an injunction and damages for racketeering, fraud and conversion.
He is represented by Jere L. Beasley of Montgomery.