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Arkansas lawyer claims company charged for free ring tones |
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Monday, 07 November 2005 |
LITTLE ROCK — Deceptive advertising put unwanted charges on the bills of thousands of Arkansas cell-phone users who ordered what they thought were free cell-phone ring tones, according to a lawsuit in federal court.
Little Rock lawyer Tom Thrash filed the suit after his son and a friend both were deluged with unauthorized cell phone bill charges. According to Thrashs suit, 45,000 Arkansas cell phone customers have paid $2.3 million in the scheme.
"I think its criminal," said Thrash, who argues the advertisements for free ring tones are aimed at teenagers and young adults.
Thrashs suit names Jamster and its parent company, VeriSign Inc., as defendants, accusing both of fraud, unjust enrichment, negligence and violation of the Arkansas Deceptive Trade Practices Act. A similar federal-court suit against the companies is pending in California.
According to the lawsuit, Jamsters television ads ask viewers to call a number for a free ring tone, but instead customers receive text messages and along with them, unauthorized charges for between $1.99 and $5.99 a piece.
Cell-phone companies Cingular, AT&T and T-Mobile are mentioned in the lawsuit, but not named as defendants. Thrash filed the suit on behalf of his sons friend, Lloyd "Adam" Page, 20, a sophomore at the University of Central Arkansas in Conway.
"I feel like a lot of people are getting ripped off, so I feel like everybody should be compensated and they (Jamster) should be shut down," Page said. "They shouldnt be able to get by with ripping everybody off."
Thrash has filed documents seeking nationwide class-action status for his lawsuit, claiming that Germany-based Jamster, known as Jamba in Europe, has charged text-message fees to 2.6 million people nationwide.
VeriSign spokesman Brian OShaughnessy said his company is aware of the lawsuit, but declined comment. The companies, Jamster and VeriSign, acknowledge contacting 45,000 Arkansas cell phone users since December 2004.
Thrashs suit seeks restitution and monetary damages, as well as an injunction to stop what it called unauthorized billing.
U.S. District Judge Susan Webber Wright has not yet decided if the suit will receive national class-action status. But if she does and beats the stalled California case, the Arkansas lawsuit could swallow up the California case, which seeks worldwide class-action status.
If the California cases class-action status is ruled on first it could take over the Arkansas case.
Alternatively, Thrash said his lawsuit may have to go through international courts because Jamster is a German company. |