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Plaintiff,
vs.
AT&T, CORP., ILD CORP., d/b/a ILD
TELESERVICES, INC. and CONTACT
MESSAGE SYSTEMS, LLC.
Defendants.
COMPLAINT
COMES NOW the Plaintiff, RICHARD L. WATTERS ("Plaintiff") and for his complaint
against AT&T, Corp. (AT&T), ILD Corp. d/b/a ILD Teleservices, Inc. (ILD) and Contact
Message Systems, LLC (CMS) states as follows:
INTRODUCTION
1.
This is an action for actual damages, statutory damages, and attorney fees for
violation of the Communications Act, 47 U.S.C. 201 et seq.; actual damages, statutory damages,
and attorney fees for violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.
1961 et seq.; damages under Alabama tort law for breach of contract, negligence, wantonness,
fraud, conspiracy, and unjust enrichment.
PARTIES
2.
3.
Defendant, AT&T is a corporation organized under the laws of the State of Delaware
with its principal place of business in Dallas, Texas which at all times material herein was doing
business in Mobile County, Alabama.
4.
Defendant, ILD, is a Delaware Corporation with its principal place of business located
at 5000 Sawgrass Village Circle, Suite 30, Ponte Vedra Beach, FL 32092. At all times material
herein ILD was doing business in Mobile County, Alabama.
6.
Defendant, CMS is foreign Limited Liability Company with its principal place of
business located at 5000 Sawgrass Village Circle, Suite 30, Ponte Vedra Beach, FL 32092. At all
times material herein ILD was doing business in Mobile County, Alabama.
JURISDICTION AND VENUE
7.
This Court has jurisdiction pursuant to 47 U.S.C. 207; 18 USC 1964; and 28
agent of CMS offering a telephone maintenance service to Plaintiff which would be billed to his
telephone bill with AT&T. CMS represented to Plaintiff that he would only be charged for the
services if he authorized it. Plaintiff refused the service but requested that CMS provide him written
materials concerning the services that it was offering and he would review the written materials.
9.
CMS never sent Plaintiff any written materials as to the services that it was offering.
10.
made to his telephone bill in the sum of $52.95 per month. Said charge was being made to Plaintiffs
telephone bill by ILD who was making the charges to said bill on behalf of CMS. Plaintiff had been
charged this amount every month on his AT&T telephone bill from July 2008 through the present
and continues to be charged for said services.
11.
Plaintiff never ordered any such telephone maintenance services with the Defendant
CMS and never authorized any of the Defendants to charge his telephone bill for such services.
Plaintiff has never used the telephone maintenance services provided by CMS and has no idea what
services are provided by said Defendant.
12.
In February, 2010 Plaintiff contacted Defendants and objected to the charge being
made on his telephone bill. Defendant, CMS, misrepresented to Plaintiff that he had authorized said
charge and that the billing was correct. Said misrepresentations were made to induce the Plaintiff
into paying the monthly charges.
COUNT ONE
VIOLATION OF THE FEDERAL COMMUNICATIONS ACT
12.
13.
telephone bill charges for services offered by CMS which charges were never ordered nor authorized
by Plaintiff.
14.
AT&T has a duty to ensure that all charges and practices for and in connection with
its communications services as provided to Plaintiff are just and reasonable. 47 USC 201(b). As
Plaintiff never ordered nor authorized the charges made to his telephone bill by Defendants, ILD and
CMS, said charges are not just and reasonable and therefore are unlawful. 47 USC 201(b).
15.
The actions of Defendants as aforesaid have caused Plaintiff actual damages in that
he has had to pay the sum of $52.95 per month for a period of twenty months and continues to have
to make said payments or suffer termination of his telephone services.
WHEREFORE, Plaintiff demands judgment against defendant for compensatory damages,
attorney fees and costs of this action.
COUNT TWO
VIOLATION OF THE RACKETEER INFLUENCED
AND CORRUPT ORGANIZATIONS ACT
16.
17.
Each use of the United States Mail in connection with collecting the charges made
by Defendants to each of Plaintiffs monthly telephone bills from July, 2008 through the present
constitutes an act of mail fraud in violation of 18 USC 1341.
18.
out of money or property by means of false or fraudulent pretenses, representations and promises,
all in violation of 18 USC 1341 and 1343.
20.
The above described operations is an enterprise. This enterprise was and is conducted
by Defendant, CMS, in conjunction with and aided and abetted by Defendants, AT&T and ILD. This
enterprise is operated by Defendants through a pattern of racketeering activity within the meaning
of 18 USC 1961(1)(b). This pattern of racketeering activity includes numerous acts of connected,
related and continuing mail and wire fraud.
21.
Each use of the United States Mails by the Defendants in furtherance of their
enterprise as hereinabove described constitutes a separate act of mail fraud which is related to the
conduct of the enterprise. Such acts of mail fraud are conducted in an ongoing pattern.
22.
The Defendants and their agents, associates and fellow enterprises, have conducted
and conspired to conduct the enterprise as hereinabove described through a pattern of racketeering
activity in violation of 18 USC 1962) and (d). The acts of wire fraud and mail fraud as set forth
in this Complaint constitute a pattern of racketeering activity within the meaning of 18 USC 1962
et seq.
22.
Plaintiff has been damaged by the Defendants actions as aforesaid by having to pay
24.
There was a valid contract between Plaintiff and Defendant, AT&T, in which AT&T
had an obligation to provide telephone services to Plaintiff and Plaintiff had an obligation to pay for
those services.
25.
Plaintiff has paid and continues to pay all monthly charges billed by AT&T and
otherwise substantially performed all of his obligations under his contract with AT&T.
26.
AT&T has breached its contract with Plaintiff by collecting fees for services offered
by Defendants, CMS and ILD, even though Plaintiff never authorized nor used said services.
27.
COUNT FOUR
NEGLIGENCE
28.
29.
Defendants had a statutory duty to charge Plaintiff only lawful charges on his
telephone bill. The charges made by CMS and ILD in the amount of $52.95 per month were not
lawful charges. Defendants negligently breached its duty to Plaintiff by causing him to have to pay
for such unlawful charges.
30.
29.
Defendants had a statutory duty to charge Plaintiff only lawful charges on his
telephone bill. The charges made by CMS and ILD in the amount of $52.95 per month were not
lawful charges. Defendants wantonly breached its duty to Plaintiff by causing him to have to pay for
such unlawful charges.
30.
COUNT SIX
FRAUD
31.
32.
The representation to Plaintiff by the Defendant, CMS, that Plaintiff would only be
charged if he authorized the services to be billed to his account was false. Said representation was
made to Plaintiff with the intent to deceive Plaintiff and induce him not to closely scrutinize his
telephone bill for unlawful charges. The representation to Plaintiff by the Defendant, CMS, that
Plaintiff had actually authorized the services 20 months prior to the contact by Plaintiff was false.
Said representation was made to Plaintiff with the intent to deceive Plaintiff and induce him not to
contest the unlawful charges. In the alternative the Defendant made said misrepresentations
recklessly without knowledge as to the truthfulness of said representation or the Defendant made said
misrepresentations innocently or by mistake with the intent that the Plaintiff would rely on said
misrepresentation.
33.
36.
The Defendants conspired with each other to collect unlawful charges from Plaintiff
by billing him through his telephone bill for charges for services that he never ordered, authorized
or used.
37.
39.
40.
Plaintiff has made all payments for said services from July 2008 until the present.
41.
42.
It is unfair and unjust for Defendants to retain the money that they received from
OF COUNSEL
Richard L. Watters (WATTR5713)
WATTERS & ASSOCIATES, P. C.
P. O. Box 87
Mobile, AL 36601
(251) 433-3753
(251) 432-7888 (facsimile)
e-mail:rlwatrs@bellsouth.net