BEAUMONT – A Verizon Wireless entity was recently granted a new trial in an overbilling lawsuit that previously ended in a default judgment against the company.
Alleging deceptive trade practices and breach of contract, Neil Wersig filed suit against Verizon Wireless on Sept. 18, 2015 in Jefferson County District Court.
According to an amended petition, Wersig has been a Verizon customer for around 15 years. In late 2014, he sought to change his plan from flip phones to smart phones.
Verizon advised him his plan would drop from $249 per month to $235. He discussed the new plan with his wife and called Verizon back to confirm the switch but was told the new plan would now cost him $270.
After some more back and forth discussions between the parties, Wersig agreed to switch plans. Soon after, he learned his bill was higher than $270 and it became clear Verizon was not honoring its promises, the suit alleges.
On Dec. 17 Wersig moved for a default judgment, asserting that Verizon had failed to answer the lawsuit, court records show.
That same day, Judge Milton Shuffield, 136th District Court, entered a judgment in Wersig’s favor, finding that Verizon made misleading statements and violated the Deceptive Trade Practices Act.
A month later, Dallas MTA, doing business as Verizon Wireless, filed a motion for a new trial, arguing that because “Verizon Wireless” may refer to multiple entities, the citation was unclear and therefore defective.
Following a March 1 hearing, Judge Shuffield granted the motion, according to a courthouse official.
Verizon Wireless Dallas MTA is represented by Leon Carter, attorney for the Dallas law firm Carter Scholer Arnett Hamada & Mockler.
Wersig is represented by Hart Green, attorney for the Beaumont law firm Weller, Green, Toups & Terrell.
Case No. D-197517