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Customer George Kontos Took AT&T Mobility To Court And Won

4:09 AM, Oct 7, 2011   |    comments
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Winston-Salem, NC --  George Kontos hopes others learn from his experience.

He and four relatives are on a family plan with AT&T.

"Really didn't think twice about what we had. Bill came in, we paid it. As long as it wasn't more than we expected, we were good," he said.

When Kontos went to upgrade his phone, he was in for a surprise.

He explained, "When I went into AT&T to look at the plan, I wanted to make sure I had a comparable data plan with what I had been using and the rep pulled up the account and obviously even as an AT&T employee it must have been outstanding for him because his first reaction was, 'wow you're paying too much.'"

"It was $60 a month that we were being billed when comparable plans are being offered as low as $10," he added.

He said the company offered him a five-month credit, but he requested 24 months of money paid back to him for what he was overcharged.

"Fair is fair. We gave you 24 months-worth, we'd like 24 months-worth back," said Kontos.

He eventually took the company to small claims court in Forsyth County and the judge ruled in his favor in July. His mother, the primary account holder, is owed almost $2,000.

"I'm just an individual who knew what was wrong and what was right and wanted to do what was right," he said. "It is a David and Goliath story."

"I don't know how many other people are out there in North Carolina, in the Triad, in the country are also being overpaid," he said.

Kontos encourages other customers to pick up the phone.

"Demand that they review your account for the last two years minimum. Find out what you've been paying. Find out what other rate plans exist. Find out what you could have been paying and if you've got money that's owed to you, get it back."

However,  Kontos still hasn't been paid.

A statement from AT&T said:

"AT&T is aware of the judgment. We provided a W-9 form to Mr. Kontos and his mother, the account holder, in July of this year. To date, we have not received a signed W-9 form which allows us internally to process a check for payment of the judgment."

Kontos doesn't think he or his mother should have to sign a W-9 form.

"A W-9 is a request for taxpayer social security information. It's used as your 1099 withholding form on taxes. It's done for income tax," he said. "AT&T has a judgment to pay. They're not paying my family as employees of AT&T."

Clarke Dummit is an attorney working pro bono to help Kontos collect the payment. He did not help Kontos during his small claims court case.

"I have advised George that he has no obligation to fill out a W-9. In fact it would be misleading for this to come across as income to him when in fact it's payment of a judgment," said Dummit.

They have worked to get a writ of execution, giving the court the power to authorize the Forsyth County Sheriff's Office to go to the AT&T store and seize property to sell at public auction to pay the judgment.

That has not yet happened and Kontos and Dummit are waiting to see what happens next.

Kontos said, "Eventually David will overcome."

The Dummit Law Firm posted forms on its website you can use in a small claims case. Find them here.

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