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You have a dispute with AT&T over your television, internet, telephone, or wireless bill. Now what? You have several options, including suing AT&T in Small Claims Court.
In this article, learn about:
Before suing in California Small Claims Court.
How to file a small claims lawsuit against At&t.
Small claims court limits.
Fun fact, lawyers are not allowed at the initial small claims hearing! This is to even the playing field so that each party has an equal chance of obtaining justice.
Read your AT&T Contract
The first step is to read your AT&T contract. For wireless accounts, AT&T calls this contract their "Wireless Customer Agreement" (other companies call these contracts: "Terms of Service," "Terms of Use," or "Service Agreement").
As of April 17, 2020, the Wireless Customer Agreement (confirm this is the same agreement that applies to your AT&T account) on their website states:
"IF YOU DISPUTE ANY CHARGES ON YOUR BILL, YOU MUST NOTIFY US IN WRITING AT AT&T BILL DISPUTE, 1025 LENOX PARK, ATLANTA, GA 30319 WITHIN 100 DAYS OF THE DATE OF THE BILL OR YOU'LL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL AND TO PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE."
ACTION: Contact AT&T within 100 days of the date of the bill.
The Wireless Customer Agreement states that you must notify AT&T in writing. The letter needs to be delivered to:
AT&T
1025 Lenox Park
Atlanta, GA 30319.
I have contacted AT&T and they have not resolved my issue with the bill. Now what Can I do?
Write an Intent to Sue Letter
A demand letter is a letter that outlines a set of requests. For example, you could request a refund and explain why you are requesting a refund.
If you eventually decide to sue in California small claims court, you are required to first request your money or property back before you can file the lawsuit. While you can request your money or property back orally, it is recommended you do so in writing in the form of a demand letter.
What to include in the demand letter?
Unsure of what to include in your demand letter addressed to Xfinity? Here are a few suggestions:
How much money you are owed.
Why you are owed money.
Your contact information.
Where to send payment.
Give them a few days to respond (usually about 7 to 14 days).
State that if they don't respond, you intend to sue.
Where to send the letter:
AT&T
1025 Lenox Park
Atlanta, GA 30319.
Small Claims Court
If AT&T ignored your demand letter, what can I do next? You can sue AT&T in a small claims court. But first, some background on small claims court in California to determine if it is right for you.
Sue AT&T In Small Claims Court
As of April 17, 2020, the Wireless Customer Agreement (confirm this is the same agreement that applies to your AT&T account) on their website states:
"In the unlikely event that AT&T's customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction"
Small Claims Court Limits
This is also known as the "small claims court limits." In California Small Claims you can sue for the following maximum amounts:
You can still sue for the maximum amount allowed, but you will need to waive any additional amount over the limit.
Where is my nearest Small Claims Court?
You can sue AT&T in the California Small Claims Court nearest to you. Check out our How to File your California Small Claims Court Case article.
Small Claims Court provides a public forum for quick, efficient, and affordable resolution of disputes. In California, AT&T will not be allowed to have an attorney at the small claims hearing. This is done so that there is an even playing field. Instead, a non-attorney employee will have to represent them.
Serving Small Claims Court Lawsuit on AT&T
To serve the small claims court lawsuit on AT&T you must serve their "Agent for Service of Process." As of April 17, 2020, their agent is based in Los Angeles.
C T Corporation System
818 West Seventh Street, Suite 930
Los Angeles, CA 90017
Sue AT&T in Arbitration
Arbitration is the process of having a neutral third party to decide your lawsuit. The outcome of arbitration remains confidential. Arguably, this is so that other AT&T customers do not find out about disputes against AT&T which would lead to "bad press." The AT&T Wireless Customer Agreement the steps for Arbitration ( see the section on "Binding Arbitration.") AT&T pays the costs for the arbitration if your claim is for less than $75,000.
Camila Lopez
Legal Educator @ People Clerk. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.