MCI SUED FOR BILLING MONTHLY SERVICE CHARGES TO NON-CUSTOMERS
San Francisco - The law firm Girard Gibbs & De Bartolomeo LLP
http://www.girardgibbs.com has filed a class action complaint on
behalf of telephone customers nationwide who were unlawfully billed by
MCI, Inc. for monthly service charges despite the fact they were not
MCI customers. The complaint alleges that MCI assesses the monthly
fees directly or through consumers' local phone bills.
"MCI has been charging non-customers minimum usage fees and other
monthly service fees without authorization even though MCI provided no
service to these persons," said Daniel Girard, one of the attorneys
for the plaintiff. "Consumers who mistakenly paid MCI or paid in
response to a threatening collections notice should get their money
back."
The case was brought by Shary Everett, a Goodyear, Arizona resident
who repeatedly was assessed monthly service charges by MCI even though
she had a different long distance carrier and had terminated MCI
service at a former address several years earlier. MCI refused to
reverse the unauthorized charges and threatened Ms. Everett with a
collections notice for failing to pay. To stop MCI from continuing to
bill her without authorization, she was forced to restrict all
long-distance service on her telephone line.
The complaint alleges that MCI enrolled non-customers and former MCI
long-distance subscribers without their knowledge or consent in the
"Basic Dial-1 Plan" or another MCI calling plan that carries a monthly
service fee. In 2002, MCI began charging a $3.00 or $5.00 minimum
usage fee (MUF) and a $3.95 monthly recurring fee to consumers who did
not have active billing accounts with MCI and whom MCI has no
reasonable basis to believe are current MCI customers.
The class action lawsuit against MCI was filed in federal district
court in Phoenix on July 18, 2005 and asserts claims against MCI for
violations of the federal Communications Act and for unjust
enrichment.
The complaint alleges that MCI's policy and practice is to reverse,
refund, or credit back unauthorized charges only to consumers who
threaten to bring legal action, lodge complaints with regulatory
authorities, or take other action. According to the complaint,
consumers who do not pay the unauthorized charges are turned over to
collections agencies.
Girard Gibbs & De Bartolomeo LLP is one of the nation's leading firms
representing individuals in consumer fraud class actions and investors
in securities fraud litigation.
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