Alvin merchant sues AT&T over yellow page ad

David Yates Jul. 23, 2008, 10:39am

ORANGE -- Upset that a competitor's Yellow Pages ad is above his, Troy McLehany has filed suit against AT&T.

McLehany alleges AT&T choice in ad location has "overshadowed" his company, something that will cost him customers.

An Alvin resident, McLehany filed his lawsuit July 16 in Orange County District Court.

Alvin is located in Brazoria County, about 130 miles southwest of Orange County, but the suit says jurisdiction is proper in Orange because AT&T does business in Texas.

In his lawsuit, McLehany says that he purchased yellow page ads for his business, H Town Bail Bonds, in the 2007 Houston North Suburban telephone directory.

"Plaintiff has advertised through the defendant's telephone directory for many years and has enjoyed great success," the lawsuit says.

"However, defendant placed a competitor's ad in front of and on top of the plaintiff's leader advertisement. This caused his business to be greatly overshadowed … by a less expensive advertisement. The plaintiff has lost a large sum of money due to defendant's misrepresentations."

McLehany also claims AT&T is wrongly refusing to allow him to pay for future advertisements in monthly installments.

He argues AT&T's practices are in violation of the Texas Deceptive Trade Practices Act.

The three-count lawsuit accuses AT&T of negligence, fraud and breach of contract.

McLehany is suing for exemplary, actual and economic damages, plus attorneys' fees.

He is represented by attorney Paul Fukuda. The case has been assigned to Judge Dennis Powell of the 163rd Judicial District.

Case No. B-080272-c

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