In her class action lawsuit, Chapman argues that most users never see that disclaimer, and that naming the plan “unlimited” when it includes usage caps is an action that is meant to be deceptive. According to the class action lawsuit, a superscript number is located next to the word “unlimited.” That superscript number links to Skye’s fair use policy which delineates the limits in the plan. Skype argues that it provides a disclaimer on the same page of the website that consumers see when they purchase the “unlimited” calling plan. & Canada’ calling plan offers unlimited calling within the United States and Canada for a fixed monthly fee, and that they will fail to notice the disclosure to the contrary in the fair usage policy.”Ĭhapman initially filed the Skype class action lawsuit in May 2011, claiming that Skype tricked her into buying the plan by calling it “unlimited.” Believing that there were no caps on her plan, she was shocked to receive her bill, which noted that users were limited to six hours of calls per day, 50 calls per day and 10,000 minutes of calls per month. “The trier of fact reasonably could conclude based on the facts alleged in the complaint and those judicially noticed that consumers are likely to believe that Skype’s ‘Unlimited U.S.

“We conclude that the answer is yes,” the panel wrote in its October 4 decision. In its decision to revive the Skype class action lawsuit, the appeals court considered whether a reasonable consumer would believe that an “unlimited” plan would include caps on usage. However, Chapman argues that the disclaimer was not readily accessible to the majority of users who purchased the unlimited call plan.

According to the class action lawsuit, the Internet communications company included a disclaimer on its website and in its terms of use that explained that the plan had limits.

Melissa Chapman, the lead plaintiff in the Skype class action lawsuit, represents Class Members who claim they purchased an “unlimited” calling plan from Skype that included usage limits that they were never informed about.

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