Emerson Poynter LLP

Today, the Arkansas Supreme Court ruled that an Arkansas trial judge should have certified a class of Arkansas consumers that had paid Alltel its flat rate $200 Early Disconnect Penalty when they cancelled their wireless subscriptions with Alltel.

The class action case alleges that Alltel wrongfully charged its departing subscribers a $200 flat rate penalty when it unilaterally determined they had left too early.  The suit says that Alltel violated the Arkansas Deceptive Trade Practices Act by enforcing the penalty through a “contract” that is not enforceable under Arkansas contract law, and imposing a penalty that is also invalid under Arkansas law.  Click HERE to view the ruling.