FILED IN MY OFFICE

DISTRICT COURT CLERK

8/11/2017 10:20:39 AM
James A. Noel
Latoya Grayes

STATE OF NEW MEXICO

COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT

RICHARD LUCERO,
On behalf of himself and
All others similarly situated, Case No. :D-202-CV-2017-05833

Plaintiff,

vs.

CENTURYLINK, INC.

Defendant.

CLASS ACTION COMPLAINT FOR

VIOLATION OF THE UNFAIR PRACTICES ACT

COMES NOW, Plaintiff, RICHARD LUCERO, on behalf of himself and all others
similarly situated, by and through the undersigned counsel, and files this Class Action Complaint
for Damages for Violation of the Unfair Practices Act against Defendant, CENTURYLINK,
INC., and in support shows the following:

I. INTRODUCTION
1. This is an action for actual and statutory damages brought by Plaintiff, Richard Lucero,
an individual consumer, on behalf of himself and all others similarly situated, against Defendant,
CenturyLink, Inc., for violation of the Unfair Practices Act ("UPA"), 57-12-1, et seq. which
prohibits businesses from engaging in deceptive or unfair practices.
2. Defendant conducts business in New Mexico.

II. PARTIES

3. Plaintiff, Richard Lucero ("Mr. Lucero"), is a natural person and resident of

Albuquerque, New Mexico.
4. Defendant, CenturyLink, Inc., ("CLI"), rs a foreign corporation engaged in the
communications business in New Mexico.
 III. JURISDICTION AND VENUE
5. Jurisdiction is proper before this court since Plaintiff is a resident of Albuquerque,
New Mexico and Bernalillo County. Venue in this District is proper in that Defendant transacts
business here and the conduct complained of occurred in Albuquerque, New Mexico.

IV. STATEMENT OF FACTS

6. Plaintiff, at all times material hereto, was an internet customer of CLI.
7. CLI, without the Plaintiffs knowledge, opened a second billing account in the
Plaintiffs name.
8. At various times, CLI disconnected Plaintiffs service.
9. Plaintiff called CLI to determine why his service had been disconnected and CLI failed
to provide a cogent explaination
10. Exasperated, Plaintiff, on numerous occasions, paid CLI the amount that it had
improperly billed.
11. Defendant improperly billed Plaintiff for a modem lease. This charge was improper
because Plaintiff was using his own modem.
12. When the Plaintiff established his internet service with CLI, he was quoted a low
monthly fee; however, CU, in its billing, raised the price and charged Plaintiff more than the
quoaoted monthly fee.
V. CLASS ACTION ALLEGATIONS
18. Plaintiff, Richard Lucero ("Mr. Lucero"), brings this action on behalf of himself and
the members of the class described herein as a class action under Rule 1-023 of the New Mexico
Rules of Civil Procedure for the District Courts.
19. THE CLASS:
The Class consists of (1) all persons residing in New Mexico; (2) all business entities,
nonprofit entities, and governmental agencies with a place of business in New Mexico; (3) who
were, or are, a customer of CLI; (4) were overcharged for services by CLI, and; (5) during the
time period beginning six years prior to the filing of this Complaint. For the members of the
Class, Mr. Lucero seeks actual and statutory damages.

2.
 21. Excluded from the Class are (1) any judges or judicial officer assigned to this matter
and his or her immediate family and (2) the legal representatives, successors or assigns of any

such excluded persons.

22. Upon information and belief, the number of Class members is so numerous that
formal joinder of all members is impracticable.
23. Mr. Lucero's damages are typical and representative of the damages sustained by the

members of the Class.

25. There are common questions of law or fact which predominate over any questions
affecting only individual Class members.
26. Common questions of law include, but are not limited to the following:
(a). Whether CLI made false representations about their communication services;
(b). Whether CLI misrepresented various facts regarding its billing; and
( c ). Whether CLI engaged in fraudulent billing.
27. The claims brought in this lawsuit can be determined principally the records kept in
the ordinary course of business by Defendant regarding its customers.
28. The claims of Mr. Lucero are based on similar facts and legal theory, and are typical
of the claims or defenses of the members of the Class.
29. Mr. Lucero will fairly and adequately protect the interests of the Class members
30. Separate actions by individual Class members could create a risk of:
(a). Inconsistent or varying adjudication with respect to individual Class Members
which would establish incompatible standards of conduct for the party opposing the
Class; and,
(b) Adjudications with respect to individual Class Members which would as a
practical matter be dispositive to the interests of the other members not parties to the
adjudications, or substantially impair or impede their interests.
31. An action in which any Class Member may participate by signifying a desire to do so
is superior to other available methods of the adjudication of the controversy.

33. Certification of the Class underN.M.R.A. l-023(B)(3) is appropriate in that:

(a). The questions of law and fact common to the members of the Class
predominate over any question affecting an individual member; and

3.
 (b ). A class action is superior to other available methods for the fair and efficient
adjudication of the controversy.
34. Certification of a class under N.M.R.A. 1-023(B)(2) is also appropriate because
Defendant has acted on grounds generally applicable to the Class thereby making appropriate
declaratory relief with respect to the classes as a whole.

V. PRAYER FOR RELIEF

WHEREFORE, Plaintiff(s), RICHARD LUCERO and THE MEMBERS OF THE

CLASS, respectfully request that judgment be entered against Defendant, CENTURYLINK,
INC., as a result of the foregoing violations of the New Mexico Unfair Practices Act as follows:

(1) Actual damages plus pre-judgment interest at 15% interest thereon;

(2) Treble statutory damages pursuant to the UPA plus pre-judgment interest at 15%
thereon;

(3) Costs and reasonable attorney~s fees pursuant to the UPA;

(4) Monetary damages available underN.M.R.A. l-023(B)(3);

(5) Post-judgment interest at the rate of 15%; and

(6) For such other and further relief as the Court may deem just and proper.

"Electronically Filed"

Isl Alfred M Sanchez

ALFRED M. SANCHEZ
Attorney for Plaintiff
400 Gold Ave. SW, Ste. 240
Albuquerque, NM 87102
(505) 242-1979

4.