Tucker
Tucker v. Pacific Bell Mobile Services
Opinion
Lead Opinion
Bruiniers, J.
*208 Opinion
Plaintiffs (Plaintiffs) alleged that the defendant wireless telephone companies (collectively, Defendants) 1 made material misrepresentations to the consuming public as to the actual number of usable (i.e., conversational) airtime minutes in advertised subscriber rate plans. 2 The trial court sustained Defendants’ demurrer to the class action allegations of the fifth amended complaint without leave to amend, relying in part on Knapp v. AT&T Wireless Services, Inc. (2011) 195 Cal.App.4th 932, 944 [ 124 Cal.Rptr.3d 565 ] (Knapp), involving similar allegations. We reverse as to dismissal of Plaintiffs’ equitable claims under the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.), 3 and otherwise affirm.
I. Background
Plaintiffs’ 4 complaint, originally filed in December 2003, challenged Defendants’ disclosures of the practice of billing for airtime in full minute increments, with partial minutes of use rounded up. 5 Plaintiffs alleged that Defendants’ advertisements and other promotional materials misrepresented or inadequately disclosed this rounding up policy, in violation of the UCL and the false advertising law (FAL; § 17500 et seq.). Plaintiffs…