Mexico consumer agency wins class action lawsuit against AT&T
Mexican consumer protection agency Profeco said on Friday it won a class action lawsuit against the local unit of US telecom giant AT&T for undue charges and poor service provision.
The case, which has a final judgment after the Supreme Court of the country rejected an appeal filed by the company, arose in 2013 when Profeco sued the telecommunications operator Nextel, acquired in 2015 by AT&T, for several shortcomings in terms of adjustments of fees and undue charges to their customers.
The misconduct, Profeco said in a statement, took place between 2012, 2013 and 2014 and in part consisted of charges for fourth-generation or 4G mobile services, "verifying in court, that the technology used was inferior to the publicized, which denotes the use of abusive and deceptive advertising, in order to induce consumers in error to acquire their services."
Profeco did not offer an estimate of the amount that AT&T, the third largest mobile phone operator in the country, would have to pay as compensation to its subscribers for the case.
Each of the approximately 3.9 million customers that the company reported having the authorities in 2012 when the undue charges began, have the right to join the class action lawsuit for damages, plus 20% as compensation and an additional 9% annual legal interest.
AT&T said in a brief statement "the lawsuits began long before AT & T entered the market and are part of a set of collective actions that were filed against all mobile phone companies in Mexico, including Nextel, a company that we acquired in 2015.".