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Can I start a class action lawsuit, against AT&T Uverse for false advertising for their "Record 4 Shows At Once" campaign?

Acworth, GA |

AT&T Uverse DVRs do not truly allow recording 4 shows at once. DVRs will not permit 4 HD recordings at one time - only 3. The fourth recording must be SD format. However, this is never defined in any advertising, print or otherwise. I have confirmed this and have a documented customer service conversation that stated there is no customer-facing documentation that lets the customer know this up front. Since there are a tremendous number of HD TVs and many customers view in HD, it can be inferred that they would record in HD. The conclusion is most people want to "record 4 shows at once" in HD, however this cannot be accomplished, meaning, the claim of "record 4 shows at once is not truly accurate. The advertising should be "record UP TO 4 shows at once" with documented clarification.

Attorney Answers 3

  1. Did you have a legal question?

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  2. A single person cannot start a class action suit. It must be certified as a class action. But more to the point, do you honestly think AT&T Uverse lawyers have not very carefully drafted the company's contract? Just because you might have missed some of the terms when you signed up does not make this fodder for class action. If you disagree, bring your contact and any other relevant papers to any attorney who handles class actions and consult with him/her. This forum is for general Q&A and is not designed to answer detailed class action questions.

  3. One person can file a class action complaint. However, the problem you would likely have here is that anyone who signed up for this service, has an agreement with an arbitration clause. Under AT&T v. Concepcion, the arb clause would likely bar bringing a class action lawsuit.

    Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The answer to the question is for educational and informational purposes only. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances.

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