AT&T Can’t Dismiss Defamation Claim Over Kickback Campaign

AT&T must face defamation claims after telling customers of a third-party provider that the company engaged in illegal kickbacks, a Texas Business Court judge says.

Although AT&T’s contract with Fiberwave—a WiFi service for multi-family properties—generally prohibits pursuit of claims related to the termination of the agreement, the issues here are related to post-termination conduct, the court said.

“Importantly, the question is not whether AT&T’s complained-of acts arose from the termination of the agreement, but whether Fiberwave’s damages did,” Judge Andrea Bouressa wrote in an opinion Oct. 29.

The defamation claim, along with a claim for tortious interference with contract, survived ...