Prison Phone Justice

06/18/2004 FRI 10:17 FAX 415 675 2961

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ALLURED LAW OFFICE

LAW OFFICES OF EDWARD C. CASEY, JR.
EDWARD C. CASEY, JR. (State Bar #123702)
2100 Lakeshore Avenue, Suite A
Oakland, CA 94606
Telephone: (510) 208-4422
Facsimile: (510) 272-9999

ALAN.1.EDA COUNTY

S E P 2 5 2002
i'L;;
CLERK. 014Sfit .r.).!‹ COURT

LAW OFFICES OF JOHN W. ALLURED
JOHN W. ALLURED (State Bar #84770)
One Maritime Plaza, Suite 1040
San Francisco, California 94111
Telephone: (415) 675-2960
Facsimile: (415) 675-2961

133/

FARROW, BRAMSON, BASKIN & PLUTZIK
ALAN R. PLUTZIK (State Bar #77785):
2125 Oak Grove Blvd., Suite 120
Walnut Creek, California 94598
Telephone: (925) 945-0200
Facsimile: (925) 945-8792

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Attorneys for Plaintiffs, Individually and
On Behalf of All Others Similarly Situated

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF ALAMEDA – UNLIMITED

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ELENA CONDES, BRIAN H. GETZ, and )	
BICKA BARLOW, on behalf of themselves )
and all others similarly situated, 	
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Plaintiffs,	

Case No. 2002054255

) FIRST AMENDED CLASS ACTION
) COMPLAINT FOR DAMAGES

vs.	

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EVERCOM SYSTEMS, INC; SBC 	
COMMUNICATIONS, INC.; PACIFIC	
BELL TELEPHONE COMPANY; and	
DOES 1 through 50, inclusive. 	

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Defendants.
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)

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028
First Amended Class Action Complaint for Damaget:

	
06/18/2004 FRI 10:18 FAX 415 675 2961

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ALLURED LAW OFFICE

For their complaint, plaintiffs, by their attorneys, allege on information and beli
as to all matters except those concerning the plaintiffs, which are alleged on personal knowlech

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as follows:
• JURISDICTION AND VENUE

1.	

This action arises out of a pattern and practice whereby defendants

7 Evercom Systems, Inc., Pacific Bell Telephone Company, and SBC Communications, Inc.
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wrongfully charged customers for telephone services which were not authorized or accepted. A

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hereinafter alleged, the defendants reside, have offices and/or conduct business in this County.
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2.	

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The amount in controversy exceeds the jurisdictional minimum of this

PARTIES

3.	

(A)	

Plaintiff Elena Condes ("Condes") is a resident of this County.

(B)	

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Plaintiff Brian IL Getz ("Getz") is a resident of San Francisco,

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California.
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(C) Plaintiff Bicka Barlow ("Barlow") is a resident of Contra Costa

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(D)	

Plaintiffs bring this action individually and on behalf of a class of

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4.
Defendant Evercom Systems, Inc. ("Evercom") is a Delaware corporation
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with its principal offices at 8201 Tristar Drive, Irving, Texas.
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5.
Defendant SBC Communications, Inc. ("SBC") is a Delaware corporation
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First Amended Class Action Complaint for Damages

06/18/2004 FRI 10:18 FAX 415 675 2961

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6.

ALLURED LAW OFFICE

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Defendant Pacific Bell Telephone Company ("Pacific Bell") is a California

corporation with its principal offices at 140 New Montgomery Street, San Francisco, California.

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Pacific Bell is an operating subsidiary of SBC.
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At all times relevant hereto, defendants have pursued a common course of

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conduct, and have conspired with, and have aided and abetted one another, including unnamed

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others, both known and unknown, to accomplish the wrongful acts alleged. Defendants herein

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acted as agents for their co-defendants and as the agents of each other in committing the

acts

alleged.

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8.

The true names and capacities of defendants sued herein under California

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Code of Civil Procedure Section 474 as Does 1 through 50, inclusive, are presently not known by

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plaintiffs, who therefore sue these defendants by such fictitious names. Plaintiffs will seek to

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amend this Complaint and include these Doe defendants' true names and capacities when they are

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ascertained. Each of the fictitiously named defendants is responsible in some manner for the

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conduct alleged herein and for the injuries suffered by plaintiffs.
CLASS ACTION ALLEGATIONS

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9.

This action is brought as a class action pursuant to California Code of

Civil Procedure Section 382. Plaintiffs bring this action on behalf of- (l) all California residents
Who were charged by Evercom, Pacific Bell or SBC, directly or through any billing service used

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by them, for collect calls from correctional facilities which such persons did not authorize or

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accept and (2) all persons who were charged by Evercom., Pacific Bell or SBC, directly or

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through any billing service used by them, for collect calls from correctional facilities located in

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California which such persons did not authorize or accept.

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First Amonded Clse

Action

Complaint tol.

06/18/2004 FRI 10:18 FAX 415 675 2961

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10.	

ALLURED LAW OFFICE

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Although the exact number of class members is unknown to plaintiffs at

this time, Evercorn serves numerous correctional facilities in California and elsewhere, including

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city, county, state and federal correctional facilities. Each of these facilities has at least several,

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and as many as hundreds, of inmates. Therefore, the class is so numerous that joinder is

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impracticable.

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11.	

There is a well-defined community of interest in the questions of law and

fact affecting the parties to be represented in this action. The questions of law and fact to the

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class predominate over questions which may affect individual class members. These questions
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of law and fact include:
(a)

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whether defendants engaged in a pattern and practice of billing

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recipients of collect calls for such calls even though such, recipients did not authorize or accept

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such calls;

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(b)

whether defendants' conduct violated California statutory or

(d)	

what is the proper measure of damages for any misconduct on the

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Common law;

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part of defendants.

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12.	

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Plaintiffs' claims are typical of the claims of the other members of the

plaintiff class. Plaintiffs and all members; of the class were injured and have sustained damages
as a result of the wrongful conduct herein :alleged.

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13.	

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Plaintiffs will fairly and adequately protect the interests of the members of

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the plaintiff class and have retained counsel competent and experienced in class and securities

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litigation.

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first Amended Class Action Complaint for Pemagee

06/18/2004 FRI 10:19 FAX 415 675 2961

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ALLURED LAW OFFICE

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A class action is superior to other available methods for the fair and

efficient adjudication of this controversy since joinder of all members of the plaintiff class is

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impracticable. Furthermore, as the damages suffered by individual class members may be
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relatively small, the expense and burden of individual litigation makes it impossible for the class

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members to individually address the wrongs done to them. There will be no difficulty in the

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management of this action as a class action.

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15.

Plaintiffs contemplate providing notice to the members of the class by

means of a first-class mailing to all class members who can be identified through reasonable

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effort. The names and addresses of the members of the class can be determined from defendants'
books and records.
FACTUAL BACKGROUND

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Defendant SBC is One of the largest providers of telecommunications

services in the United States. Originally formed as a regional holding company which did
business primarily in five southwestern states, SBC has expanded its operations through a series

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of merger and acquisitions, and its principal wireline subsidiaries provide services in thirteen
states, including California.
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Defendant Evercom advertises itself as "the largest independent supplier

of inmate telecommunications and information services in the United States." According to its
own statements, it provides "inmate communications solutions" to more than 2,000 correctional

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facilities in 45 states some 75% of all correctional facilities in the United States. Evercom
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provides "sophisticated inmate telephone systems, alternate calling options, dedicated direct

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billing services, automated information management services and comprehensive customer

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service."

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Fin7t Amended Claud Action Complaint tor Damages

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ALLURED LAW OFFICE

06/18/2004 FRI 10:19 FAX 415 675 2961

In some cases, Evercom contracts directly with correctional facilities to

provide these services_ In other cases, Evercom "partners" with other, including regional Bell

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operating companies, to provide its services.
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In

California, Evercom "partners" with Pacific Bell to provide telephone

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services at numerous correctional facilities, including, but not limited to, the Santa Rita County

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Jail located in Dublin, California. In general, under the arrangements between Evercom and

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Pacific Bell, Evercom provides certain telephon.e services and Pacific Bell provides others.

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Commencing not later than 2001, defendants began charging for telephone

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services which were not authorized or accepted. In particular, defendants charged the recipients

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of collect calls from inmates at correctional facilities even though such, neither the collect calls

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nor any charges therefor were authorized, or accepted by the recipients of the collect calls. In

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particular, where a collect call was "received" by a recorded greeting, defendants charged for

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such call in the amount of one minute even though such call was not authorized or accepted by
the recipient of the call.

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(A) For example, plaintiff Condes was charged the following amounts

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for Collect calls from correctional facilities on the following dates, even though plaintiff Condes

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did not authorize or accept the collect calls or any charges therefor:

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Date	

Charge

8/3/01	

$2.83

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8/28/01
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9/11/01

$2.83

	

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11/12/01

	

10/25/01

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$2_83

	

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first Amended Class Action Complaint for Domages

$2.83
$2.83

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12/7/01	

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Woos

ALLURED LAW OFFICE

06/18/2004 FRI 10:19 FAX 415 675 2961

(B)

$2.83
Likewise, plaintiff Getz was charged the following amounts for

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collect calls from a correctional facility on the following dates, even though plaintiff Getz did not
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authorize or accept the collect calls or any charges therefor:

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Date	

Charge

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4/8/02	

$4.84

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4/8/02	

$6.62

4/8/02	

$4.84

4/8/02	

$5.73

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(C)

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Likewise, plaintiff Barlow was charged the following amounts for

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collect calls from a correctional facility on the following dates, even though plaintiff Barlow did

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not authorize or accept the collect calls or any charges therefor:

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Date	

Charge

2/28/02	

$2.95

3/7/02	

$2.95

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3/12/02	

$3.02

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3/12/02	

$3.02

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3/12/02	

$3.02

3/13/02	

$2.95

3/14/02	

$3.02

3/14/02	

$2.95

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6/10/02	

$3.10

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7/8/02	

$3.02

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Firnt

Amended CL

Action

Complaint for Damages

/18/2004 FRI 10:20 FAX 415 675 2961

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7/31/02

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$2.95

(Bus. & Prof. Code §17200)

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FIRST CAUSE OF ACTION

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$3.02

7/17/02	

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0009

ALLURED LAW OFFICE

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Plaintiffs reallege and incorporate herein by this reference each of the

allegations of paragraphs 1 through 21.
23.

Defendants' conduct as alleged above constituted unfair and deceptive

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conduct within the meaning of California Business and Professions Code § 17200 et seq..
24.

As a proximate result of defendants' said wrongful conduct, defendants

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dishonestly and wrongfully acquired and retained substantial monies at the expense of the

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members of the plaintiff class and the members of the general public. It would be unjust and

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inequitable for defendants to be permitted to retain the benefits of their wrongful conduct.

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Therefore, defendants should be required to disgorge and make restitution of all monies
wrongfully obtained from the members of the plaintiff class or the general public pursuant to the
wrongful scheme set forth.
25.

In addition, the wrongful conduct of defendants presents a continuing

threat of injury to the members of the plaintiff class and the members of the general public in that
defendants have charged and continue to Charge plaintiff and the members of the plaintiff class

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for collect calls from correctional facilities which such persons did not authorize or accept and

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has made it likely that members of the public have been and will continue to be wrongfully

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charged for such calls.

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The unlawful conduct alleged herein is continuing and, unless restrained,

the defendants will continue to engage in such conduct.

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First. Amendod Class Action Complaint for Damage*

	
06/18/2004 FRI 10:20 FAX 415 675 2961

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27.	

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By virtue of the foregoing, plaintiffs and the members of the plaintiff class

pray for the relief hereinafter specified..

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SECOND CAUSE OF ACTION
	

(Unjust Enrichment)

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ALLURED LAW OFFICE

	

28.	

Plaintiffs reallege and incorporate herein by this reference each of the

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29.	
By virtue of their; inequitable conduct, defendants have been unjustly
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enriched at the expense, and to the detriment, of plaintiffs and each member of the plaintiff class.
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Plaintiffs and each member of the plaintiff class are therefore entitled to recover from defendants
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12 damages and restitution for unjust enrichment all monies charged and collected by Evercom,
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30.	
By virtue of the foregoing, plaintiffs and the members of the plaintiff
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class pray for the relief hereinafter specified.
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THIRD CAUSE OF ACTION
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:(Accounting)
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31.	
Plaintiffs reallegc and incorporate herein, by this reference each of the
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allegations of paragraphs 1 through 28.

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32.	

The amounts owed :to plaintiffs and the members of the plaintiff class by

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the defendants, and each of them, can only be ascertained by an accounting. Plaintiffs and the

25 members of the plaintiff class do not have:access to, and cannot gain access to, the records
26 necessary to perform the accounting. Rather, such records are in the possession, custody and
27 control of defendants. The amounts owed to plaintiffs and each member of the plaintiff class are
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Firt;t

Amended Clots Action Complaint for Damages

06/18/2004 FRI 10:20 FAX 415 675 2961

ALLURED LAW OFFICE

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owed as a result of defendants' wrongful conduct and/or duties arising from defendants' business
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breached.
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33.	
By virtue of the the foregoing, plaintiffs and the members of the plaintiff
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PRAYER FOR RELIEF

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WHEREFORE, plaintiffs demands judgment against the defendants as fbllows:

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1.	

Declaring this action to be a proper plaintiff class action.

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Awarding plaintiffs and all members of the plaintiff class damages in an

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12 amount which may be proved at trial, together with pre-judgment interest thereon.
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For restitution of all amounts wrongfully charged to members of the

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4.	

For classwide accounting of all wrongful charges for collect calls from

correctional facilities.

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5.	

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For injunctive relief requiring defendants to:
(A)	

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refrain from charging persons for collect calls from correctional

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(B)	

appropriately credit the accounts of all persons wrongfully charged

for collect calls from correctional facilities not accepted or authorized;

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//

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First Amended Class Action Complaint for Damocles'

06/18/2004 FRI 10:21 FAX 415 675 2961

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ALLURED LAW OFFICE

Granting plaintiffs such other and further relief as this Court may deem

just and proper, including an award of attorneys, experts and consultants' fees and costs incurred

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in prosecuting this action.
DATED: September t 2002	

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LAW OFFICES OF EDWARD C. CASEY, JR.
EDWARD C. CASEY, JR. (State Bar #123702))
2100 Lakeshore Avenue, Suite A
Oakland, CA 94606
Telephone: (510) 208-4422
Facsimile: (510) 272-9999

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By: e

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e,
Edward C. Case , Jr.

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LAW OFFICES OF JOHN W_ ALLURED
John W. Allured (S.B. #84770)
One Maritime Plaza, Suite 1040
San Francisco, California 94111
Telephone: (415) 675-2960

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FARROW, BRAMSON, BASKIN & PLUTZIK
Alan R. Plutzik (S.B. #77785)
Robert A. Bramson (S.B. #102006)
2125 Oak Grove Blvd., Suite 120
Walnut Creek, California 94598
Telephone: (510) 945-0200

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Attorneys for Plaintiff,
Individually and On Behalf of All
Others Similarly Situated

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Amendcd Class Action Complaint for Dsmscres