Well-Known NY Class Action Attorney Scott A. Bursor of Bursor & Fisher, P.A. is Partners With Davis on the Case
For Phantom Data Usage on iPhone and iPad
MIAMI, NEW YORK and SAN FRANCISCO, May 19, 2011 (GLOBE NEWSWIRE) -- A recent class action suit filed in California charges AT&T with systematically overbilling data plan subscribers for phantom data usage. Attorney Barry L. Davis from Miami, Florida, appeared on NBC's Today Show, Thursday, May 19, 2011, to explain the issues impacting literally millions of AT&T data plan subscribers. Davis is working on the case with attorney Scott A. Bursor from New York, NY.
"Imagine a gas pump that charges you for a full gallon and only gives you nine-tenths, or being charged for gas before you even drive up to the pump," said Davis, a board-certified Florida trial lawyer. "You would never knowingly agree to such overcharges, however, according to computer expert testing everyone with AT&T limited data plans for iPhone and iPad unknowingly pay these inflated fees each month."
A four-month independent study performed by a consulting firm at a cost of nearly $100,000 revealed that AT&T bills systematically overstated data usage by 7 to 14 percent, and in some instances by more than 300 percent. For example, an IPhone user who downloads 50 KB would actually be billed for 53.5 KB to as much as 150 KB. The same study also revealed that AT&T bills for "phantom" data when phones weren't even in use. What's more, tests indicated that the billing system did not always record the correct date and time of the data usage, causing transactions to be posted to the wrong billing cycle.
"We were stunned to discover that AT&T billed for a phone which was left untouched for 10 days, incurring 35 data transactions totaling almost 3,000 KB during that period," said Davis.
According to the complaint, in the fourth quarter of 2010, AT&T reported its wireless data revenues had increased $1.1 billion, or 27.4 percent from the prior year quarter to $4.9 billion. A significant portion of the increase is believed to be caused by these phantom data charges. Attorneys Davis and Bursor are representing Patrick Hendricks and a class of similarly affected individuals in the suit before the United States District Court for the Northern District of California.
Davis has nearly three decades of legal experience, and has acted as lead counsel in more than 50 trials of complex civil litigation matters. Among them are class actions, mass disaster litigation, products liability cases involving drugs and medical devices, tires and industrial equipment, intellectual property, insurance bad faith and fraud. Davis is a partner with Thornton, Davis & Fein, P.A. in Miami.
Bursor's practice focuses on complex civil litigation and class actions. Since 2008, he has tried four class action cases to juries. He won a 9-figure award and three 8-figure awards for the class plaintiffs in those cases. His background also includes representation of large telecommunications, pharmaceutical, and technology companies in commercial litigation. He is a partner with Bursor & Fisher, P.A. in New York.
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