AT & T Mobility, LLC v. T-Mobile USA Inc.

2023 WL 186809 (2023)

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AT & T Mobility, LLC v. T-Mobile USA Inc.

United States District Court for the Eastern District of Texas
2023 WL 186809 (2023)

SC

Facts

AT & T Mobility LLC (AT&T) (plaintiff) was a Delaware corporation and had a principal place of business in Georgia. T-Mobile USA, Inc. (T-Mobile) (defendant) was a Delaware corporation and had a principal place of business in Washington. T-Mobile ran an advertising campaign stating that AT&T offered senior discounts only in Florida. AT&T responded that it offered senior discounts throughout the country through the American Association of Retired Persons (AARP). AT&T sued T-Mobile in Texas district court for false advertising. T-Mobile filed a motion to dismiss for lack of personal jurisdiction. AT&T argued that the Texas court had personal jurisdiction over T-Mobile given T-Mobile’s presence in Texas, including income-generating customers, cell towers, retail stores, employees, and a website designed for the advertising campaign, www.BannedSeniors.com. The website presented switching to T-Mobile as an option for seniors and included a link to T-Mobile’s main website, at which a switch could be accomplished. T-Mobile argued that the website was passive advertising that did not target Texas any more than it targeted any other state.

Rule of Law

Issue

Holding and Reasoning (Mazzant, J.)

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