Claims Holding Group, LLC v. AT&T Mobility, LLC
After a consumer settled and dismissed with prejudice his FDUTPA and breach-of-contract suit over AT&T's $1.99 monthly administrative fee, he assigned his claims against AT&T to Claims Holding, which sued on the same theories for fees charged after the dismissal. The Third District affirmed summary judgment for AT&T, holding res judicata barred the second suit because the 'identity of the thing sued for' turns on the defendant's alleged conduct, not on the time period or amount of the plaintiff's damages.
Key facts
- Consumer sued AT&T over a $1.99 monthly administrative fee, alleging violations of FDUTPA and breach of contract; the consumer settled and dismissed the case with prejudice.
- The consumer assigned his claims against AT&T to Claims Holding, which filed a new suit against AT&T seeking damages for the same administrative fee charged during the period after the first case was dismissed.
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Why it matters
Useful ammunition for defendants facing serial or 'continuing conduct' suits: the opinion confirms that post-settlement accrual of additional damages from the same challenged practice does not create a new 'thing sued… — full analysis with a trial
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