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Ramette v. AT&T Corp.

Case Date: 06/22/2004
Court: 1st District Appellate
Docket No: 1-03-0031 Rel

SECOND DIVISION
JUNE 22, 2004



No. 1-03-0031

 
WILLIAM R. RAMETTE, Individually
and on Behalf of All Others Similarly
Situated,

                    Plaintiff-Appellant,

          v.

AT&T Corporation,

                    Defendant-Appellee.

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)		 Appeal from the
Circuit Court of
Cook County.


No. 01 CH 17702


The Honorable
Stephen A. Schiller,
Judge Presiding.


JUSTICE GARCIA delivered the opinion of the court:

William Ramette filed a class action lawsuit against AT&Tbased on AT&T's decision to charge its customers $1.50 per monthto continue receiving their long-distance telephone bills withtheir local service telephone bills. Ramette alleged that thefee was imposed without any disclosure from AT&T that it wouldsend a separate long-distance bill at no charge. The impositionof this fee closely coincided with the first-ever contractbetween AT&T and its customers, the "Consumer Services Agreement"(CSA). Previously, the relationship between AT&T and itscustomers was governed by tariffs filed with the FederalCommunications Commission (FCC).

AT&T moved to compel arbitration of the claims pursuant tothe CSA's arbitration provision. Ramette argued that the legalremedies provisions of the CSA, including the arbitrationprovision, were unconscionable under Illinois law. The circuitcourt granted AT&T's motion to compel arbitration, finding thatthe Federal Communications Act (47 U.S.C.