Lozano

I. Background

Lozano is a customer of AWS and brought this putative class action based on AWS’s disclosures relating to its billing practices for cellular services.1 On October 4, 2004, Lozano filed a Second Amended Complaint in the district court. In his complaint, Lozano asserts claims under the FCA, the Declara- tory Judgment Act (“DJA”), California contract law, the Cali- fornia Consumer Legal Remedies Act (“CLRA”), and California Unfair Competition Law (“UCL”). Lozano bases these claims on allegations that AWS billed its customers for cellular telephone calls during a billing period other than the billing period in which the calls were made, a practice termed “out-of-cycle billing.” Lozano contends that by doing this, AWS assessed charges for cellular telephone calls that would 1 Lozano brought this suit against AWS, AT&T Wireless Services of California, and Santa Barbara Cellular Systems. Only AWS sought a peti- tion for interlocutory review of the district court’s order on class certifica- tion. LOZANO v. AT&T WIRELESS 12751 not have been assessed if the calls had been billed during the billing period in which the calls were made. AWS, according to…