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SCHNALL v. AT & T WIRELESS SERVICES, INC.

No. 57523-6-I.

161 P.3d 395 (2007)

Martin SCHNALL, a New Jersey resident; Nathan Riensche, a Washington resident; and Kelly Lemons, a California resident; individually and on behalf of all the members of the class of persons similarly situated, Appellants/Cross-Respondents and John Girard, a California resident; and Sean O'Day, a Florida resident; Plaintiffs, v. AT & T WIRELESS SERVICES, INC., a domestic corporation, Respondent/Cross-Appellant.

Court of Appeals of Washington, Division 1.

June 18, 2007.

Attorney(s) appearing for the Case

David Elliot Breskin, Daniel Foster Johnson, Short Cressman & Burgess, Seattle, WA, William Walter Houck, Issaquah, WA, for Appellants/Cross-Respondents.

Michael Edward Kipling, Kipling Law Group PLLC, Seattle, WA, for Respondent/Cross-Appellant.

Shannon E. Smith, Office of the Attorney General, Seattle, WA, for Amicus Curiae on behalf of Attorney General of Washington.

AGID, J.

¶ 1 Appellants brought a class action lawsuit on behalf of all AT & T Wireless Services customers who were charged a "universal connectivity charge" (UCC) from 1998 through 2003. They allege that AT & T violated Washington's Consumer Protection Act (CPA)1 by charging the fee without disclosing it in its advertisements, misleading its customers by categorizing it as a tax, surcharge or regulatory fee, and breaching...

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