CenturyLink Complaint

Case 2:17-cv-04504 Document 1 Filed 06/18/17 Page 1 of 19 Page ID #:1
1 GERAGOS & GERAGOS

A PROFESSIONAL CORPORATION
2 LAWYERS
HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
3 Los Angeles, California 90017-3411
Telephone (213) 625-3900
4 Facsimile (213) 232-3255
Geragos@Geragos.com
5 MARK J. GERAGOS SBN 108325

BEN J. MEISELAS SBN 277412
6 ZACK V. MULJAT SBN 304531
ERIC HAHN SBN 311771
7 Attorneys for Plaintiffs CRAIG MCLEOD and STEVEN MCCAULEY, individually
and as the representatives of a class of similarly-situated persons
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11
Los Angeles, California 90017-3411
GERAGOS & GERAGOS, APC
12
CRAIG MCLEOD, individually and as Case No.: 2:17-cv-04504

13 the representative of a class of similarly-

situated persons; and STEVEN L. CLASS ACTION COMPLAINT
14 MCCAULEY, individually and as the
15 representative of a class of similarly- 1. FRAUD
situated persons; 2. UNFAIR COMPETITION
16 3. UNJUST ENRICHMENT
17 Plaintiffs,
18 vs.
19 DEMAND FOR JURY TRIAL
CENTURYLINK, INC., a Louisiana
20 corporation doing business in California
21 as CENTURYLINK
COMMUNICATIONS, LLC,
22 CENTURYLINK PUBLIC
23 COMMUNICATIONS, INC., and
CENTURYLINK SALES SOLUTIONS,
24 INC.; and DOES 1 through 50, inclusive;
25
Defendants.
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27
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1 Plaintiffs Craig McLeod and Steven L. McCauley, individually and as the

2 representatives of a class of similarly-situated persons, allege as follows:
3 1. On June 14, 2017, former CenturyLink employee Heidi Heiser
4 courageously filed a whistleblower complaint in the Superior Court of Arizona
5 alleging that she was terminated for reporting to her supervisors and the CEO
6 unlawful billing practices she observed and refused to take part in as a sales
7 representative. Attached hereto as Exhibit A is a true and correct copy of Ms. Heiser's
8 whistleblower complaint.
9 2. Ms. Heisers allegations of what she observed, and what the CenturyLink
10 corporate culture encouraged, are consistent with the experiences of hundreds of
11 thousands and potentially millions of consumers who have been defrauded by
12 CenturyLink. It is estimated that the damages to consumers could range between

13 $600 million and $12 billion, based on CenturyLinks 5.9 million subscribers.
14 3. A digital revolt against CenturyLinks fraud has been fomented by
15 subscribers on social media and consumer watchdog websites.
16 4. By way of example, the following consumer complaints are emblematic
17 of CenturyLinks fraudulent practices:
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1 5. As discussed further below, when putative class representative Craig

2 McLeod inquired as to false charges on his bill, CenturyLink told him it was his
3 fault for not catching its fraudulent charges, as opposed to CenturyLink taking
4 responsibility for its fraudulent billing practices in the first instance. Putative
5 Plaintiffs communications with CenturyLink representatives mirror screenshots
6 posted online by other victims demonstrating a pattern and practice of blaming
7 consumers for failing to identify CenturyLinks own fraud.
8 6. By way of example, an outraged subscriber posted the following
9 communication on social media:
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27 7. Subscribers also post their written communications complaining of
28 CenturyLink creating and billing for duplicate accounts. Upon complaining,
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1 CenturyLink blamed the subscriber or implied that the subscriber was somehow under
2 fraud review. For example, one subscriber posted the following communication
3 regarding CenturyLinks duplicative billing:
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23 8. These screenshots are not outliers. Attached hereto as Exhibit B is small
24 sample of the thousands of pages of consumer complaints, primarily focused on
25 fraudulent billing practices, lodged on Consumer Affairs website. The amount of
26 complaints is so vast it exceeds the maximum file size for the Courts Electronic
27 Filing System (ECF). Many consumers state that the only reason they rated
28 CenturyLink with one star was that zero stars is not an option
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1 (https://www.consumeraffairs.com/cell_phones/centurylink.html). Additionally,
2 Attached hereto as Exhibit C is a true and correct copy of a Reddit thread responding
3 to recent reporting of Ms. Heisers complaint from consumers and other former
4 employees and technicians describing the conduct alleged herein.
5 (https://www.reddit.com/r/news/comments/6hon4l/centurylink_is_accused_of_runnin
6 g_wells_fargolike/?st=J41YD4QQ&sh=5a66cd7a).
7 9. Further, searching Twitter and Facebook under searches that include the
8 word CenturyLink with any number of additional keywordsscam, fraud,
9 ripoff, and billprovides unprecedented levels of discord, desperation, and
10 demands from victims to remedy CenturyLinks unlawful practices. Further a search
11 on Google of CenturyLink Complaints, provides similar results.
12 10. Upon information and belief, at least one States Attorney General has
13 investigated and entered into an assurance of discontinuance with CenturyLink

14 which prohibits the conduct described herein, however the conduct remains ongoing.
15 11. The offending and unlawful conduct by CenturyLink, throughout the
16 United States, includes, but is not limited to:
17 Billing consumers for phone lines or service items never requested by
18 consumers;
19 Billing consumers higher rates than the rates quoted during sales calls;
20 Billing consumers early termination fees when they cancelled the
21 services due to higher rates;
22 Billing consumers when they cancelled their service upon learning the
23 quality was not how CenturyLink had represented it;
24 Billing consumers for periods of service before the service was
25 connected, products never received, and consumers received no credit for
26 these charges;
27 Billing consumers for services and products that the consumer never
28 requested without giving the consumer a credit for these charges;
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1 Failing to process consumers service cancellation requests in a timely

2 manner and billing them for the period of the time the service remained
3 connected following the request for cancellation, without providing a
4 credit for this time period; and
5 Charging consumers full price for leased modems that consumers
6 returned to CenturyLink within the required timeframe, and then
7 referring the consumers account to collections when the consumer
8 refused to pay for the returned modem.
9 Craig McLeod
10 12. Craig McLeod, 65 years old, is a long-haul truck driver and former
11 shipwright living in Summerdale, Alabama, where he cares for his aging mother.
12 13. Mr. McLeod is a CenturyLink customer, and he relies on CenturyLink to

13 provide internet service to his home.

14 14. Until earlier this year, Mr. McLeod paid CenturyLink approximately $33
15 per month for his internet package, exclusive of taxes.
16 15. On or about April 11, 2017, Mr. McLeod contacted CenturyLink, via its
17 internal customer service online chat platform, to determine the speed at which his
18 internet service was operating.
19 16. CenturyLinks sales consultant told Mr. McLeod that while his home
20 internet service was currently operating at 10 megabytes per second (mbps), he
21 could enjoy 25 mbps for less than $2 more per month than Mr. McLeod was then
22 paying for 10mbps.
23 17. Further, CenturyLinks sales consultant informed Mr. McLeod that he
24 would only need to restart his modem to take advantage of the faster connection
25 speed.
26 18. Understanding this to be a good deal, Mr. McLeod agreed to modify his
27 current contract which expires February 2018.
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1 19. Unfortunately, when Mr. McLeod restarted his modem as he was

2 instructed, he found that his internet service was completely cut off.
3 20. Mr. McLeod immediately contacted CenturyLink to resolve the problem,
4 and they sent a technician to his home. The technician informed Mr. McLeod that he
5 would need a new router/modem to accommodate the higher internet speed
6 CenturyLinks representative previously said he would only need to restart his old
7 modemand the technician then attempted to charge him approximately $80.00 for
8 the new modem.
9 21. Approximately one week later, on or about April 25, 2017, Mr.
10 McLeods internet service abruptly stopped working again. Mr. McLeod contacted
11 CenturyLink yet again to report the latest problem and another technician arrived at
12 his home. The technician spent approximately 10 minutes on the phone with
13 CenturyLink discussing the problem, and ultimately gave Mr. McLeod yet another
14 new router/modem.
15 22. Later that month, Mr. McLeod received a prorated bill reflecting his
16 recently updated contract, charging him for part of the month under the terms of his
17 previous contract and for the rest of the month under the terms of the new contract.
18 23. But when Mr. McLeod received his second bill, about one month later, it
19 was approximately double what he had been previously payingaround $80.00.
20 Upon inspection, Mr. McLeod noticed numerous irregularities that did not reflect the
21 terms of his new contract or services rendered to him by CenturyLink. First, he was
22 being charged far more than the additional $2 per month he was quoted for his faster
23 internet package. Second, there was an approximately $35 wiring charge added to
24 his bill, presumably reflecting a fee for one of CenturyLinks technicians plugging in a
25 new modemsomething he told would not be required in the first place.
26 24. All told, Mr. McLeod spent approximately 350 minutes communicating
27 with CenturyLink to resolve the numerous issues with his service, and is still in the
28 process of disputing phony charges.
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1 Steven L. McCauley
2 25. Steven L. McCauley is 44-year-old resident of Baxter Springs, Kansas.
3 Mr. McCauley is a hardworking man with over 25 years of experience as a hazardous
4 waste specialist.
5 26. In the small town of Baxter Springs, CenturyLink is among the only
6 internet provider upon information and belief. CenturyLink internet services cost
7 upwards of $80.00 per month without a contract, but around $48.00 per month with a
8 contract. In January 2015, Mr. McCauley entered into a contract with CenturyLink for
9 internet services at $48.00 per month.
10 27. Mr. McCauleys CenturyLink contract for internet services was set to
11 expire in January 2016. After having heard that his friend in Iowa paid CenturyLink
12 $24.99 per month for the exact same internet service, Mr. McCauley contacted a
13 CenturyLink representative and inquired as to the availability of the $24.99 plan.

14 28. While the CenturyLink representative informed Mr. McCauley that a
15 $24.99 plan was unavailable in his area, a $27.99 plan was being offered. Mr.
16 McCauley signed up for the $27.99 package for 10 mbps unlimited internet service.
17 29. Upon receipt of his bill in February 2016, Mr. McCauley was shocked to
18 discover that he was being charged $80.00, the non-contract monthly price.
19 30. Mr. McCauley called CenturyLink to dispute this charge and spoke with
20 another representative, who informed him that a $27.99 plan did not existand in
21 fact never existed. The representative said the best she could do was a $43.00 per
22 month contract.
23 31. Fed up, Mr. McCauley then informed the CenturyLink representative that
24 he would be switching service providers. The representative then told Mr. McCauley
25 that he would be forced to pay a $200.00 contract termination fee.
26 32. Mr. McCauley remains trapped in an exorbitant contract he never agreed
27 to enter.
28
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1 PARTIES
2 33. Plaintiff Craig McLeod is a citizen of the State of Alabama who lives in
3 Summerdale, Alabama. He is a qualified and appropriate representative of a group of
4 customers of Defendant CenturyLink, Inc. who are similarly situated and have
5 suffered harm in the same manner as Mr. McLeod as a result of the actions and/or
6 omissions of the Defendants.
7 34. Plaintiff Steven L. McCauley is a citizen of the State of Kansas who lives
8 in Baxter Springs, Kansas. He is a qualified and appropriate representative of a group
9 of customers of Defendant CenturyLink, Inc. who are similarly situated and have
10 suffered harm in the same manner as Mr. McCauley as a result of the actions and/or
11 omissions of the Defendants.
12 35. CenturyLink, Inc. is a Louisiana corporation doing business in California

13 as CenturyLink Communications, LLC, CenturyLink Public Communications, Inc.,

14 and CenturyLink Sales Solutions, Inc., which are registered to do business in the State
15 of California. At all material times CenturyLink, Inc. has maintained legal authority
16 to transact business in this State, has maintained operations throughout the State of
17 California, including in Los Angeles County, and has transacted business throughout
18 California, including in Los Angeles County. On information and belief, CenturyLink
19 is a large corporate provider of phone and data transmission services, including
20 telephone, high speed internet and television services to residential and commercial
21 consumers throughout the United States.
22 36. The true names and capacities, whether individual, corporate, associate,
23 or otherwise, of Defendants sued herein as DOES 1 through 50, inclusive, are
24 currently unknown to Plaintiffs, who therefore sue Defendants by such fictitious
25 names. Plaintiffs are informed and believe, and thereon allege, that each of the
26 Defendants designated herein as DOES is legally responsible in some manner for the
27 events and happenings referred to herein and caused injury and damage proximately
28 thereby to Plaintiffs as hereinafter alleged. Plaintiffs will seek leave of court to amend
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1 this Complaint to reflect the true names and capacities of the Defendants designated
2 hereinafter as DOES when the same have been fully ascertained.
3 37. Plaintiffs are informed and believe, and based thereon allege, that at all
4 times mentioned herein, each of the Defendants was the agent, servant, employee, co-
5 venturer, and co-conspirator of each of the remaining Defendants, and was at all times
6 herein mentioned acting within the course, scope, purpose, consent, knowledge,
7 ratification, and authorization of and for such agency, employment, joint venture and
8 conspiracy.
9 38. Plaintiffs are further informed and believe, and based thereon allege, that
10 at all relevant times, each Defendant was completely dominated and controlled by its
11 Co-Defendants, and each was the alter ego of the other. Whenever and wherever
12 reference is made in this Complaint to any conduct by Defendant or Defendants, such

13 allegations and references shall also be deemed to mean the conduct of each of the
14 Defendants, acting individually, jointly, and severally. Whenever and wherever
15 reference is made to individuals who are not named as Defendants in this Complaint,
16 but were employees and/or agents of Defendants, such individuals at all relevant times
17 acted on behalf of Defendants named in this Complaint within the scope of their
18 respective employments.
19 JURISDICTION AND VENUE
20 39. This Court has original jurisdiction over this action under the Class
21 Action Fairness Act, 28, U.S.C. 1332(d), because this is a class action in which: (1)
22 there are more than a one hundred and fifty (150) members in the proposed class; (2)
23 various members of the proposed class are citizens of states different from where
24 Defendants are citizens; and (3) the amount in controversy, exclusive of interest and
25 costs, exceeds $5,000,000.00 in the aggregate, and is preliminarily estimated to be
26 between $600 million and $12 billion, based on CenturyLinks approximately 5
27 million broadband subscribers.
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1 40. In addition, this Court has supplemental jurisdiction over Plaintiffs state
2 claims under 28, U.S.C. 1367 because those claims derive from a common nucleus
3 of operative facts.
4 41. Venue is proper in this Court pursuant to 28 U.S.C. 1391 because a
5 substantial part of the events giving rise to Plaintiff and Class Members claims
6 occurred in the Central District of California as Defendants: (a) is authorized to
7 conduct business in this District and has intentionally availed itself to the laws within
8 this District; (b) currently does substantial business in this District; (c) is subject to
9 personal jurisdiction in this District, and (d) based on the fact that the class consists of
10 approximately 5.9 million subscribers across the United States and, as the most
11 populous State, is a convenient and equally accessible forum for purposes of
12 discovery, coordination among the parties, and for travel for the millions of defrauded
13 consumers who live across the United States. CenturyLink conducts substantial
14 business in the State of California, with offices in El Segundo, Los Angeles County,
15 California and elsewhere. California has an overriding interest in protecting
16 consumers and in prohibiting corporations from carrying out fraud in its State and
17 through interstate commerce.
18 CLASS ACTION ALLEGATIONS
19 42. This action is brought, and may properly be maintained, as a class action
20 under Fed. R. Civ. P. Rule 23 because there is a well-defined community of interest in
21 the litigation and the proposed class is easily ascertainable. This action satisfies the
22 predominance, typicality, numerosity, superiority, and adequacy requirements of these
23 provisions.
24 (a) Numerosity: The plaintiff class is so numerous that the individual joinder of
25 all members is impractical under the circumstances of this case. While the exact
26 number of Class Members is unknown to Plaintiffs at this time, Plaintiffs are
27 informed and believe, and based thereon allege, that hundreds of thousands of
28 consumers have been victimized by CenturyLinks fraudulent practices.
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1 (b) Commonality: Common questions of law and fact exist as to all members
2 of the plaintiff class and predominate over any questions that affect only
3 individual members of the class. The common questions of law and fact
4 include, but are not limited to:
5 (i) Whether Defendants made false representations about their
6 telecommunications services;
7 (ii) If so, whether Defendants knew they were false or were reckless as to
8 their veracity at the time they were made;
9 (iii) Whether Defendants negligently misrepresented various facts
10 regarding its billing services; and
11 (iv) Whether Defendants breached any implied or explicit contractual
12 obligations to subscribers or fraudulently engaged services and/or billed

13 services not being offered, not contemplated, or not agreed upon.

14 (c) Typicality: Plaintiffs claims are typical of the claims of the Class
15 Members. Plaintiffs and the members of the class sustained damages arising out
16 of CenturyLinks wrongful and fraudulent conduct as alleged herein.
17 (d) Adequacy: Plaintiffs will fairly and adequately protect the interests of the
18 Class Members. Plaintiffs have no interest that is adverse to the interests of the
19 other Class Members.
20 (e) Superiority: A class action is superior to other available means for the fair
21 and efficient adjudication of this controversy. Because individual joinder of all
22 members of the class is impractical, class action treatment will permit a large
23 number of similarly situated persons to prosecute their common claims in a
24 single forum simultaneously, efficiently, and without unnecessary duplication
25 of effort and expense that numerous individual actions would engender. The
26 expenses and burdens of individual litigation would make it difficult or
27 impossible for individual members of the class to redress the wrongs done to
28 them, while important public interests will be served by addressing the matter
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1 as a class action. The cost to and burden on the court system of adjudication of
2 individualized litigation would be substantial, and substantially more than the
3 costs and burdens of a class action. Class litigation would also prevent the
4 potential for inconsistent or contradictory judgments.
5 (f) Public Policy Considerations: When a company or individual engages in
6 fraudulent and predatory conduct with large swaths of consumers, it is often
7 difficult or impossible for the vast majority of those consumers to bring
8 individual actions against the offending party. Many consumers are either
9 unaware that redress is available, or unable to obtain counsel to obtain that
10 redress for financial or other reasons. Class actions provide the class members
11 who are not named in the complaint with a vehicle to achieve vindication of
12 their rights. The members of the class are so numerous that the joinder of all
13 members would be impractical and the disposition of their claims in a class

14 action rather than in individual actions will benefit the parties and the court.
15 There is a well-defined community of interest in the questions of law or fact
16 affecting the Plaintiff Class in that the legal questions of fraud, breach of
17 contract, and other causes of action, are common to the Class Members. The
18 factual questions relating to CenturyLinks wrongful conduct and their ill-
19 gotten gains are also common to the Class Members.
20
21 FIRST CAUSE OF ACTION
22 FRAUD
23 (By Plaintiff Individually and On Behalf of All Class Members
24 Against All Defendants)
25 43. Plaintiffs reallege and incorporate herein by reference each and every
26 allegation contained in the preceding paragraphs of this Complaint as though fully set
27 forth herein.
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1 44. As alleged hereinabove, CenturyLink, through its employees and agents,

2 has engaged in a pattern and practice of fraudulent activity, including but not limited
3 to affirmative misstatements of fact and fraud by omission of other material facts.
4 45. Specifically, on information and belief, CenturyLink agents took orders
5 or service requests and represented to the customers making such requests that they
6 were fulfilling the requests and assigning just those services the customers had
7 requested.
8 46. On information and belief, such agents knew at the time they made such
9 representations, or at times thereafter, that they were actually engaging in unlawful
10 conduct as described above.
11 47. Defendants were aware of the falsity of the representations alleged herein
12 or the falsity of the perceptions created by the omissions alleged herein.

13 48. Plaintiffs and class members were not aware of the falsity of the
14 representations or of the falsity of the perceptions created by the omissions alleged
15 herein.
16 49. Defendants intended that Plaintiffs and class members rely upon the false
17 representations and/or omissions alleged herein.
18 50. The misrepresentations and/or omissions were material to Plaintiffs and
19 class members in making decisions about opening accounts and purchasing services
20 from Defendants, including decisions whether to continue doing business with
21 CenturyLink.
22 51. Plaintiffs did actually rely upon the false representations and/or
23 omissions and such reliance was justifiable and reasonable under the circumstances.
24 52. Plaintiffs were harmed as a result of their reliance and have suffered
25 economic losses. Plaintiffs are entitled to recover damages against Defendant for such
26 losses.
27 53. In engaging in the conduct as hereinabove alleged, Defendants acted with
28 malice, fraud, and oppression and/or in conscious disregard of Plaintiffs and class
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1 members rights, thereby warranting an assessment of punitive damages in an amount

2 sufficient to punish Defendants and deter others from engaging in similar conduct
3 SECOND CAUSE OF ACTION
4 UNFAIR COMPETITION
5 (By Plaintiffs Individually and On Behalf of All Class Members
6 Against All Defendants)
9 forth herein.
10 55. Californias Unfair Competition Law (Business & Professions Code
11 17200, et seq., hereafter UCL) prohibits any unlawful, unfair, or fraudulent
12 business act or practice and any false or misleading advertising.

13 56. The UCL provides, in pertinent part: Unfair competition shall mean and
14 include unlawful, unfair or fraudulent business practices and unfair, deceptive, untrue
15 or misleading advertising . . . . The UCL also provides for injunctive relief and
16 restitution for UCL violations. By virtue of its above-described wrongful actions,
17 Defendants engaged in unlawful, unfair, and fraudulent practices within the meaning,
18 and in violation of, the UCL.
19 57. By proscribing any unlawful business practice, section 17200 borrows
20 violations of other laws and treats them as unlawful practices that the UCL makes
21 independently actionable. Cel-Tech Communications, Inc. v. Los Angeles Cellular
22 Telephone Co., 20 Cal. 4th 163, 180 (1999) (citations and internal quotation marks
23 omitted).
24 58. Virtually any law or regulation federal or state, statutory, or common
25 law can serve as a predicate for a UCL unlawful violation. Klein v. Chevron
26 U.S.A., Inc., 202 Cal. App. 4th 1342, 1383 (2012).
27 59. CenturyLink engages in substantial sales and marketing of its products
28 and services within the State of California.
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1 60. Defendants violated the unlawful prong by violating the California

2 Consumers Legal Remedies Act and the FAL, as well as by breaching express
3 warranties as described herein.
4 61. Defendants acts and practices constitute unfair business acts and
5 practices in that the harm caused by Defendants wrongful conduct outweighs any
6 utility of such conduct, and that Defendants conduct: (i) offends public policy; (ii) is
7 immoral, unscrupulous, unethical, oppressive, deceitful and offensive, and/or (iii) has
8 caused (and will continue to cause) substantial injury to consumers, such as Plaintiffs
9 and class members; and (4) Defendants uniform conduct has a tendency to deceive
10 Plaintiffs and class members.
11 62. The UCL also prohibits any fraudulent business act or practice.
12 Defendants above-described claims, nondisclosures, and misleading statements were

13 false, misleading, and likely to deceive the consuming public in violation of the UCL.
14 63. As a direct and proximate result of these acts and omissions, Plaintiffs
15 and class members have suffered injury and actual out-of-pocket losses.
16 64. In engaging in the conduct as hereinabove alleged, Defendants acted with
17 malice, fraud, and oppression and/or in conscious disregard of Plaintiffs and class
18 members rights, thereby warranting an assessment of punitive damages in an amount
19 sufficient to punish Defendants and deter others from engaging in similar conduct.
20
21 THIRD CAUSE OF ACTION
22 UNJUST ENRICHMENT
23 (By Plaintiffs Individually and On Behalf of All Class Members Against All
24 Defendants)
27 forth herein.
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1 66. As a result of Defendants unlawful and deceptive practices described

2 above, Defendants have been unjustly enriched in retaining revenues derived from
3 Plaintiffs and class members payments for Defendants services. Retention of that
4 revenue under these circumstances is unjust and inequitable because Defendants used
5 illegal, deceptive, and unfair business practices to induce or force customers to open,
6 purchase, and/or maintain services and products.
7 67. Because Defendants retention of the non-gratuitous benefits conferred
8 on it by Plaintiffs and class members is unjust and inequitable, Defendants must pay
9 restitution to Plaintiffs and members of the Class for its unjust enrichment, as ordered
10 by the Court.
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1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiffs, on their own behalf, and on behalf of the Class
3 Members, pray for judgment as follows:
4 CLASS CERTIFICATION:
5 1. For an order certifying the proposed Class;
6 2. That Plaintiffs be appointed as the representatives of the Class; and
7 3. That counsel for Plaintiffs be appointed as Class Counsel.
8 AS TO ALL CAUSES OF ACTION:
9 1. For an order finding in favor of Plaintiff s and the Class Members on all
10 counts asserted herein;
11 2. For an order declaring that Defendants conduct violates the statutes
12 referenced herein;
13 3. For all actual, consequential, statutory and incidental losses and damages,
14 according to proof;
15 4. For punitive damages, where permitted by law;
16 5. For attorneys fees, where permitted by law;
17 6. For prejudgment interest on all amounts awarded;
18 7. For costs and suit herein incurred; and
19 8. For such other and further relief as the Court may deem just and proper.
20
DATED: June 18, 2017 GERAGOS & GERAGOS, APC
21
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By: /s/ MARK J. GERAGOS
MARK J. GERAGOS
24 BEN J. MEISELAS
25 ZACK V. MULJAT
ERIC HAHN
26 Attorneys for Plaintiffs Craig McLeod
27 and Steven L. McCauley, individually
and as the representatives of a class of
28 similarly-situated persons.
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1 DEMAND FOR JURY TRIAL

2 Plaintiffs Craig McLeod and Steven L. McCauley, individually and as the
3 representatives of a class of similarly-situated persons, hereby demand a jury trial.
4
5
DATED: June 18, 2017 GERAGOS & GERAGOS, APC
6
7
8 By: /s/ MARK J. GERAGOS
MARK J. GERAGOS
9 BEN J. MEISELAS
10 ZACK V. MULJAT
ERIC HAHN
11 Attorneys for Plaintiffs Craig McLeod
12 and Steven L. McCauley, individually

and as the representatives of a class of

13 similarly-situated persons.
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Case 2:17-cv-04504 Document 1 Filed 06/18/17 Page 1 of 19 Page ID #:1

1 GERAGOS & GERAGOS

5 MARK J. GERAGOS SBN 108325

CRAIG MCLEOD, individually and as Case No.: 2:17-cv-04504

13 the representative of a class of similarly-

1 Plaintiffs Craig McLeod and Steven L. McCauley, individually and as the

12 CenturyLink. It is estimated that the damages to consumers could range between

1 5. As discussed further below, when putative class representative Craig

13 investigated and entered into an assurance of discontinuance with CenturyLink

1 Failing to process consumers service cancellation requests in a timely

12 13. Mr. McLeod is a CenturyLink customer, and he relies on CenturyLink to

13 provide internet service to his home.

1 19. Unfortunately, when Mr. McLeod restarted his modem as he was

13 CenturyLink representative and inquired as to the availability of the $24.99 plan.

12 35. CenturyLink, Inc. is a Louisiana corporation doing business in California

13 as CenturyLink Communications, LLC, CenturyLink Public Communications, Inc.,

12 reference is made in this Complaint to any conduct by Defendant or Defendants, such

12 obligations to subscribers or fraudulently engaged services and/or billed

13 services not being offered, not contemplated, or not agreed upon.

13 members would be impractical and the disposition of their claims in a class

1 44. As alleged hereinabove, CenturyLink, through its employees and agents,

12 or the falsity of the perceptions created by the omissions alleged herein.

1 members rights, thereby warranting an assessment of punitive damages in an amount

12 business act or practice and any false or misleading advertising.

1 60. Defendants violated the unlawful prong by violating the California

12 Defendants above-described claims, nondisclosures, and misleading statements were

1 66. As a result of Defendants unlawful and deceptive practices described

1 PRAYER FOR RELIEF

1 DEMAND FOR JURY TRIAL

12 and Steven L. McCauley, individually

and as the representatives of a class of

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