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Mexico’s Federal Consumer Office wins historic case against AT&T

Mexico City, Mexico — The Federal Consumer Attorney’s Office has won what is being called a “historic” class action suit, one that will benefit Nextel-AT&T mobile telephone users.

The Federal Consumer Attorney’s Office (Profeco) won the class action lawsuit against Nextel, which is now AT&T, against a suit for undue consumer charges dating back to 2012.

The favorable ruling may benefit nearly 3.5 million consumers who, according to reports from the telephone company and the Federal Institute of Telecommunications (IFT), experienced undue charges by the mobile giant.

In 2013, a collective class action suit was launched against the companies NII Telecom, Mobile Radiocommunications Services of Mexico, Delta Digital Communications, Nextel Investments of Mexico, Nextel Communications of Mexico and NII Digital, which together were known as Nextel, now AT&T.

Profeco reported that in 2012, behaviors were carried out that caused damage to various consumers in postpaid and prepaid mobile radio services specialized for fleets.

This included bidirectional data transmission in its modalities of fixed or mobile wireless access, radio conferencing and international radio with the United States, Argentina, Brazil, Peru and Chile (Radio Evolucion).

They said that undue charges were made to users for services not provided, deficient or with features and content different from the plans or packages offered.

The ruling of the Supreme Court of Justice of Mexico requires Nextel, now AT&T, to repair the damage to each injured consumer during the years 2012, 2013, 2014 and until the total conclusion of the collective judgment.

The company must pay the legal interest at an annual rate of 9 percent on the amounts that have been generated and continue to be generated due to undue charges calculated from the day after the consumer made payment until the total conclusion of the collective judgment.

“Nextel, now AT&T, must cover an additional compensation to each consumer corresponding to 20 percent of the undue charges,” says a statement from Profeco.