Claims of Breach of Contract and Consumer Fraud Were Found to Be Preempted

In Bastien v. AT&T Wireless Servs., 205 F3d 983 [7th Cir 2000] a case involving the claims of breach of contract and consumer fraud against a cellular phone provider, the Seventh Circuit found plaintiff's claims to be preempted based upon, inter alia, the complaint's allegations of defendant's failure to provide the appropriate number of cellular towers, and to properly prepare for subscribers before marketing to the public. (See, id., at 985.) Despite the fact that the plaintiff in Bastien defined his cause of action as one for breach of contract and consumer fraud, the court found otherwise and held the claims preempted on account of plaintiff's attack on both the rates and the entry into the market of defendant company. (See, id., at 989.)