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CLASS-ACTION SUIT FILED AGAINST AOL.


Byline: P.J. Huffstutter Daily News Staff Writer

A Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  law firm filed a $100 million class-action lawsuit against America Online See AOL. , the latest in a string of suits filed against the country's most populous Internet provider Internet provider - Internet Service Provider .

Bruce Fishelman, of Standbury & Fishelman Inc., said his law firm filed the suit because AOL (A division of Time Warner, Inc., New York, NY, www.aol.com) The world's largest online information service with access to the Internet, e-mail, chat rooms and a variety of databases and services.  violated federal racketeering Traditionally, obtaining or extorting money illegally or carrying on illegal business activities, usually by Organized Crime . A pattern of illegal activity carried out as part of an enterprise that is owned or controlled by those who are engaged in the illegal activity.  laws, falsely advertised, violated customers' privacy and falsely claimed rights to information customers published on the Internet via AOL.

The suit was submitted late Thursday.

AOL has been besieged be·siege  
tr.v. be·sieged, be·sieg·ing, be·sieg·es
1. To surround with hostile forces.

2. To crowd around; hem in.

3.
 by complaints and lawsuits since it unveiled its flat-rate fee in December. Subscribers have complained that AOL has been inaccessible because the company signed up more members than its hardware could handle.

``America Online knew, or it should have known, this would happen when they went to a flat rate,'' said plaintiffs' co-counsel Alec B. Wisner at a Friday morning news conference at the Hollywood Roosevelt Hotel
''For hotels with a similar name, see Hotel Roosevelt (disambiguation)
A prominent landmark situated on Madison Avenue and 45th Street in midtown New York City, The Roosevelt Hotel was named in honor of President Theodore Roosevelt.
. ``Their key people cashed out most of their stock right before the negative press hit last May. They continued to distribute their software by disk through the mail and distribute it on line. And still, they did advertise `unlimited access' and did nothing.''

The suit also charges that the country's largest on-line service provider should not require new subscribers to give up the rights to whatever they publish on AOL or the Internet. This practice is deceptive, Fishelman said, because most subscribers don't read all of the subscription agreements.

AOL insists the case has no basis. Company representatives declined to comment on the suit's specific allegations.

``In all my years of corporate experience, I have never seen such ridiculous piling on,'' said George Vradenburg, general counsel for America Online Inc., in a prepared statement. ``When the law changes and plaintiffs have to pay for frivolous lawsuits, suits like this won't be filed any more. This case is completely without merit.''
COPYRIGHT 1997 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:BUSINESS
Publication:Daily News (Los Angeles, CA)
Geographic Code:1USA
Date:Mar 15, 1997
Words:311
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