Subject: [NEXTEL-1] Class Action Filed Against Nextel

From: Marcel <[email-masked]>
Date: Sat, 19 Apr 2003 05:01:10 -0400

http://www.consumeraffairs.com/news03/nextel.html

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Class Action Filed Against Nextel

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January 27, 2003

A consumer class action lawsuit charges that Nextel wrongfully changed the terms of its cell phone service agreement by changing the method of billing and imposing a service fee.

The suit was filed in Los Angeles on behalf of Galit Strugano and other Nextel customers. It charges Nextel with unfair, unlawful and deceptive business practices, breach of contract and breach of good faith and fair dealing.

Strugano alleges that Nextel her and other consumers a billing plan that rounded up airtime calls to the next second instead of the next minute. Then, without warning, the suit charges, Nextel unilaterally changed its plan by imposing a service fee of $1.15 per month and rounding calls up to the next minute, rather than the next second.

The suit says customers were subjected to additonal fees and charges for which they have never bargained or consented and that the fees were imposed deceptively, unfairly and unlawfully.

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From: "Bulldog" <[email-masked]>
Date: Sat, 19 Apr 2003 17:00:54 -0000

Nextel better pony-up the out-of-court settlement.  If this goes 
before a jury, Nextel loses.  Is is a jury trial or decided by judge?

Nextel's contract says they can change the terms at anytime. Can 
Nextel file a motion for summary judgement based on this?

Isn't the issue whether Nextel has a legal right to rescind their 
contractual obligation?  Or, in effect force you give up your rights 
under contact law?

I know there's attorneys on the list.  Can any legal practioner shed 
some light on the issue?

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