Delaware Public Media

Delaware supports Minnesota suit against CenturyLink

Nov 28, 2019

The State of Delaware is joining a lawsuit against a global tech company.

Minnesota’s Attorney General initiated the suit against Louisiana-based CenturyLink in 2017, accusing the telecommunications provider of “fraudulent and deceptive billing.”

Several private litigates across the country filed similar suits against CenturyLink. Those claims were consolidated last year and resolved in a settlement earlier this year in federal court.

CenturyLink then asked the federal judge to bar the state’s complaint against the company, arguing the result would only serve to duplicate payments to consumers required under the private settlement.

Delaware Attorney General Kathy Jennings announced this week the state filed an amicus brief opposing CenturyLink’s proposed injunction. The brief was signed by 35 other state attorneys general and the District of Columbia.

Delaware argues CenturyLink’s request is unconstitutional under the Eleventh Amendment, and would incentivize abuse for future class action settlements.

In a statement, Jennings said, “Class action settlements aren’t get-out-of-jail-free cards.”  

Trial in Minnesota’s lawsuit is scheduled for March of next year.