Delores Lewis v. Verizon Communications, Inc.
Opinion
Opinion
BACKGROUND
The named plaintiff, Delores Lewis, filed this case in Cali- fornia state court on December 9, 2009. The complaint con- cerns charges billed by the defendant, Verizon, on behalf of Enhanced Services Billing, Inc. (“ESBI”), a billing processor, or “aggregator,” for third-party vendors who offer telephone- related services. This includes weather and traffic reports, sports scores, stock tips, and jokes—all of which are known as “premium content.” ESBI bills customers for this premium content through local landline telephone providers, like Veri- zon, which places a charge on a subscriber’s bill.
Lewis claims Verizon billed her for services that she never ordered. Describing these charges as “unauthorized,” she seeks to represent a class of landline Verizon customers in California who have been billed for such services that they 18846 LEWIS v. VERIZON COMMUNICATIONS never expressly agreed to or requested. The operative com- plaint states no fixed amount for damages sought.
On March 30, 2010, Verizon filed a notice of removal in the District Court for the Central District of California alleg- ing that the case satisfied the $5 million amount in contro- versy…