WASHINGTON-A California superior court judge ruled a class-action suit challenging the reliability of AT&T Wireless Services Inc.’s coverage maps can go to trial.
Judge Charles W. McCoy Jr. said the state suit is not pre-empted by federal law, despite a Federal Communications Commission requirement earlier this year that cellular carriers provide maps disclosing coverage areas. McCoy’s ruling was dated Oct. 28 and released three days later by the Los Angeles Superior Court.
McCoy cited a 2001 state appeals court finding that FCC rules do not pre-empt state-law claims challenging coverage maps and/or dead zones.
“While the court was not squarely addressing the issue presented here, its finding nevertheless controls,” said McCoy in the four-page order. At the same time, McCoy denied plaintiffs’ request for restitution because individuals in the class action were not uniformly harmed and making determinations about money owed to each person would be unmanageable for the court.
The suit is an outgrowth of litigation a decade ago in which Marcia Spielholz was unable to get a 911 connection on her cell phone during a carjacking incident that left her severely injured after being shot in the face.
Spielholz and AT&T Wireless subsequently negotiated what was believed to be a multimillion dollar out-of-court settlement.
“We’re pleased that the court has eliminated the possibility of any monetary relief being awarded in the case. Our understanding is that the plaintiffs have requested to stay any trial in order to appeal the court’s ruling,” said Rochelle Cohen.
