America Online, Inc. v. Williams

OPINION

AMIDEI, Justice.

This is an interlocutory appeal from an order certifying a class in a DTPA action against appellant,. America Online, Inc. (AOL), an online computer services provider. See Tex. Crv. Prao. & Rem.Code Ann. § 51.014(3) (Vernon 1997). AOL presents an issue of first impression, contending the trial court abused its discretion by certifying a class during the mandatory abatement period provided by the DTPA when a plaintiff fails to give pre-suit notice to the defendant. We reverse and remand.

On December 1,1996, AOL began offering a flat-fee plan instead of a per-minute rate…