Tucker

Tucker v. Pacific Bell Mobile Services

Bad Law
145 Cal. Rptr. 3d 340·2012 Cal. App. LEXIS 866·208 Cal. App. 4th 201·2012 WL 3175619
Court of Appeal of CaliforniaAugust 7, 2012No. A132619California11,281 words

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…

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