StraightTalk and Walmart are now a part of a new class action lawsuit filed in the state of California over its advertising claims regarding unlimited data.
The suit was filed in mid-July and is seeking restitution for the plaintiffs who are accusing both companies of intentionally falsely advertising unlimited data access, with plaintiffs detailing the companies reducing the speed of service or terminating it altogether and then blaming the subscribers for misuse of the service.
The plaintiffs lodged claims of breach of contract, breach of covenant of good faith and fair dealing, unjust enrichment, and violations of Florida’s Deceptive and Unfair Trade Practices Act, California’s Unfair Competition Law and California’s Consumer Legal Remedies Act. The plaintiffs are also seeking an order certifying the proposed class, an order permanently enjoining defendants from their improper conduct, and a judgment awarding restitution, actual damages, exemplary damages, prejudgment and post-judgment interest, attorneys’ fees and costs.
The larger issue at hand that the class-action seeks to resolve once and for all is a set of clear limitations on data service as representatives for Straight Talk and America Movil generally refuse to comment on such matters directly to the press unless speaking off the record or speaking on the record anonymously.
Straight Talk representatives also refuse to explicitly define throttling points for data access, as many customers have complained about receiving inconsistent data service without using much data at all, while others are able to use gigabytes of data without much issue infuriating many users outside of the streaming data clause present in the service agreement, which is also another point of contention for customers, especially those with smartphones.