Pursuant to Section 1702 of the California Public Utilities Code (the "Code"), this complaint is brought and hereby filed by the Utility Consumers' Action Network ("UCAN") against AT&T Mobility LLC aka New Cingular Wireless PCS, LLC fka Cingular Wireless and related entities collectively "AT&T" for imposing unauthorized charges to customers and failing to respond to complaints about these charges. As set forth below, AT&T's action violate the Public Utilities Code and Public Utilities Commission Rules.

SUMMARY OF THE COMPLAINT

This complaint addresses the standard practice of AT&T (hereinafter AT&T) imposing unauthorized international roaming charges on customers who had not affirmatively enabled the service nor received adequate notice that AT&T was enabling the service without their permission. This practice is commonly known as cramming, and prohibited under Pub. Util. Code § 2890(a), which states that "A telephone bill may only contain charges for products or services, the purchase of which the subscriber has authorized."

This complaint also asserts AT&T, in connection with one or more of its international affiliates, is engaging in a dubious practice of charging customers for calls never placed while traveling abroad. This practice also falls under the definition of cramming and as such is prohibited under Pub. Util. Code §2890(a).

UCAN asserts that these customers never sought nor authorized international roaming as a service provided in connection with their cellular phone service.
In addition, regardless of whether customers did or did not authorize international roaming, they are being charged international roaming rates for calls that were never placed. Thus any charges incurred as a result of international roaming were through the result of an unapproved and/or unused service from which the customer received no benefit.

AT&T's practice of enabling international roaming service without adequate customer notification and billing customers for unplaced calls while in a foreign country violates the provisions of California's Public Utilities Code, which is intended to protect consumers from "cramming" of unauthorized charges. This practice also undermines the public policy underlying ensuring California customers have control over charges incurred in their phone service.

AT&T has also, at least in one instance, violated cramming laws and regulations, particularly CPUC General Order 168, by refusing to cease collections actions while conducting an investigation into a charge disputed by its customer.

I. THE PARTIES

1. Complainant UCAN is a consumer advocacy organization at 3100 Fifth Ave., Suite B, San Diego, CA 92103, (619) 696-6966.

2. Defendant AT&T is a corporation currently doing business in the State of California as a telecommunications service provider. AT&T's principle California offices are located at

3. Attorneys and representatives for UCAN are Michael Shames and Art Neill.

4. The representative and addresses for AT&T is:
Neal S. Berinhout Alejandro Jimenez
ATT Mobility, LLC
ATT Mobility, LLC
5565 Glenridge Connector 12900 Park Place Drive
Ste. 1700 Tustin, CA 90703
Atlanta, 30342

II. BASIC FACTS

5. The California Public Utilities Commission licenses AT&T as a wireless telecommunications provider.

6. AT&T is certified by the California Public Utilities Commission to offer telecommunication services.

7. AT&T markets and sells such telecommunications services in the State of California.

8. AT&T requires customers to call "1-800-331-5000" or visit a retail store to activate International Roaming.

9. AT&T also uses payment history and length of time customers have been AT&T customers as factors which determine eligibility for International Roaming.