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About the Case

Learn specifics about the case including updates on where the case is in the litigation process. If you have questions about where you might fit in the case or if you want to help, please visit our "Contact Us" page.

March 29, 2010. Magistrate Judge Bush today denied AT&T's motion to dismiss Mr. Seraphin's claim on behalf of the class, except with respect to one claim that he denied as unnecessary given the existence of a contract. His reasoning strongly supports Mr. Bush's claims when we get to subsequent stages of the case. The first stage is discovery, which now will move forward on a rapid schedule.

December 18, 2009. The parties agreed on a schedule for discovery and filing of Mr. Seraphin's motion for class certification. Under this proposed schedule, which must be approved by the Court before it becomes effective, Mr. Seraphin will file his request to prosecute his claims on behalf of members of the proposed class by April 22, 2010, along with his supporting papers. Before then, AT&T will produce documents requested by Mr. Seraphin and both parties are likely to conduct depositions.

August 27, 2009. Mr. Seraphin filed a brief opposing defendants' motion to dismiss the Amended Complaint. The judge has heard arguments on the motion, but has not yet issued a ruling. Click here to see a copy of defendants' brief in support of their motion to dismiss and Mr. Seraphin's opposition brief.

July 22, 2009. Mr. Seraphin filed an amended complaint that narrowed the defendants to SBC Internet Services, Inc., doing business as AT&T Internet Services, and Yahoo. Otherwise, the Amended Complaint is similar to the original Complaint. Click here to see a copy.

March 23, 2009. Mr. Seraphin filed a Complaint in the District Court of Idaho against several defendants, including SBC, doing business as AT&T, and Yahoo, challenging their imposition of early termination fees against customers paying under $20 per month. He claims that the fees constitute illegal punitive damages on customers. The proposed class includes persons throughout the United States who agreed to pay $20 or less per month for high speed internet service, whose contracts were terminated prior to the term to which AT&T claims they agreed, and who have paid or are being subjected to the $200 fee.