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Verizon and Asurion Equipment Coverage Charges Class Action

How many people scrutinize their cell phone bills and question the charges? The complaint for this class action alleges that Verizon Wireless (legally, Cellco Partnership) partners with Asurion Warranty Services, Inc. and Asurion Warranty Protection Services, LLP to make “sales” of Asurion’s Smart Home Support warranty plan, to encourage paperless billing and automatic payments, and to omit sending sales confirmations, so that customers end up unknowingly and wrongfully paying for the plans.

The class for this action is all individuals who, between March 5, 2015 and March 5, 2021, were charge by Verizon for Asurion’s Total Home Support warranty coverage, where the charge was put on the individual’s Verizon bill, even though no contract had been entered into.

The Asurion plans claim to cover third-party equipment in customers’ homes—for example, a Samsung flat-screen television or an Apple computer—that used wireless services. The payment for these services is added on to the monthly Verizon bill.

In this case, Plaintiff Stephen Simoni damaged one of the cell phones used with his Verizon account, in November or December of 2019. Simoni filed a claim for the Verizon phone.

During the claims process, Asurion solicited Simoni to buy its Smart Home Plan. Asurion told Simoni he would receive an e-mail with the details of the plan; if he did not like it, Asurion said, he could use the instructions in the e-mail to cancel.

Asurion never sent Simoni the promised e-mail. The complaint alleges that Simoni “recognized that the contract for this purchase therefore had not been consummated and did not pursue any effort to purchase it.”

The complaint alleges, “Unbeknownst to [Simoni], however, Verizon nevertheless permitted Asurion to add a monthly fee to [his] Verizon bill…” Normally, when charges are increased by some new addition, Verizon sends notification with a “Next Bill Summary,” which should have shown the new charge for the Total Home Support program. However, this time, Verizon did not send Simoni anything.

Also, according to the complaint, Verizon “had encouraged all subscribers to enroll in paperless billing and automatic payment of the monthly bill.” Through these means, Verizon was able to begin charging Simoni for Total Home Support, the complaint says, “without any affirmative act by [Simoni] and notwithstanding Asurion’s failure to effect a contract by breaching its promise to send a confirmation of sale[.]”

Simoni only finally became aware that he was paying for the Total Home Support in November 2020, when he went to a Verizon store to buy a new phone. He was given a paper receipt that detailed his monthly Verizon bill and showed the charges for Total Home Support.

Simoni called Verizon and asked for a refund. The complaint says, “Verizon only provided a minimal refund and blamed the customer for not having read his monthly paperless bills.” Verizon’s Law Department made excuses and warned him that it would simply move any case filed to mandated arbitration.

A previous lawsuit on this same topic was dismissed without prejudice. This is a follow-up to that case.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Verizon and Asurion Equipment Coverage Charges Complaint

March 5, 2021

How many people scrutinize their cell phone bills and question the charges? The complaint for this class action alleges that Verizon Wireless (legally, Cellco Partnership) partners with Asurion Warranty Services, Inc. and Asurion Warranty Protection Services, LLP to make “sales” of Asurion’s Smart Home Support warranty plan, to encourage paperless billing and automatic payments, and to omit sending sales confirmations, so that customers end up unknowingly and wrongfully paying for the plans.

Verizon and Asurion Equipment Coverage Charges Complaint

Case Event History

Verizon and Asurion Equipment Coverage Charges Complaint

March 5, 2021

How many people scrutinize their cell phone bills and question the charges? The complaint for this class action alleges that Verizon Wireless (legally, Cellco Partnership) partners with Asurion Warranty Services, Inc. and Asurion Warranty Protection Services, LLP to make “sales” of Asurion’s Smart Home Support warranty plan, to encourage paperless billing and automatic payments, and to omit sending sales confirmations, so that customers end up unknowingly and wrongfully paying for the plans.

Verizon and Asurion Equipment Coverage Charges Complaint
Tags: Deceptive Pricing/Undisclosed Surcharges, Extra Charges, Inadequate Notice of Charges