This class action suit involved the alleged illegitimate “capping” of an unlimited (“all you can eat”) flat rate interstate long distance telephone plan. The defendants introduced a fixed fee unlimited calling plan. They realized soon thereafter that they had underestimated the impact on both subscription and usage growth. As a result, the defendants changed the number of minutes from unlimited to a capped amount. The defendants subsequently were sued by the subscribers to the unlimited plan for breach of contract and fraud.
Econ One was retained by counsel for the defendants to analyze the overcharges allegedly suffered by the plaintiffs. Charles Mahla and Jeffrey Leitzinger co-authored and submitted an expert report, and Dr. Leitzinger provided deposition testimony. The case settled prior to trial.