Legal Opinion

Strawn v. AT & T MOBILITY, INC.

District Court, S.D. West Virginia

Decided September 26, 2007No. Civil Action 2:06-0988PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is a motion to remand filed by plaintiffs on December 1, 2006.

I

According to the class action complaint, defendant AT & T Mobility, Inc. f/k/a Cin-gular Wireless LLC (“Cingular”) imposed a $2.99 monthly charge for a “roadside assistance” service plan which plaintiffs never requested. (Compl. ¶¶ 1, 5). The customer had to identify the charge and affirmatively opt out in order not to be billed the $2.99 monthly fee. (Id. ¶ 5). The benefits of the roadside assistance plan “include towing service, ... [dead] battery…

2Cases cited32 opinions

Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
Manguno v. Prudential Property & Casualty InsuranceCourt of Appeals for the Fifth Circuit · 2002

27 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

Strawn v. AT & T MOBILITY LLCCourt of Appeals for the Fourth Circuit · 2008
Brogan-Johnson v. Navient Solutions, Inc.District Court, N.D. West Virginia · 2021