T-Mobile Hit With Class Action Lawsuit Over Text Messaging

Thu Jan 31, 2008 1:48PM EST

See Comments (22)

Don't want to pay outrageous fees for text messaging? For most, the solution is simply to call their carrier and have texting turned off. You can't get charged if you don't have access to the service, right? Well, for T-Mobile customers, that hasn't been an option. (All other carriers, as far as I can discern, allow turning off services on an a la carte basis.)

But customers complain that T-Mobile refuses to disable texting services at the carrier level (not even incoming ones), and people say they're getting charged for incoming messages they should be receiving at all. You guessed what's happening now: Class-action lawsuit.

I've actually heard this complaint directly from T-Mobile customers in recent weeks. And now it seems they have a remedy, or at least the hope for one.

Maria Detwiler filed the suit in Seattle District Court, alleging T-Mobile's policy violates both federal and state laws. No dollar amount is specified for damages, but this is one of those rare cases where consumers can actually show, to the penny, just how much they've unfairly been charged. Punitive damages will almost certainly be requested as well.

No news yet on how other wronged T-Mobile customers can join the class action suit. [SEE BELOW] I'll update this post when that information becomes available for those who feel they're due some compensation because of T-Mobile's policies. 

UPDATE: Potential plaintiffs looking for more information on the suit should email attorney J. Paul Gignac at j.paul@aogllp.com.

LINK: Class action nails T-Mobile USA over texting services 

Comments on T-Mobile Hit With Class Action Lawsuit Over Text Messaging

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  • 1 Posted by jonhu206 on Thu Jan 31, 2008 2:02PM EST Report Abuse

    I am a long time T-Mobile USA customer. I like their service, pricing and customer support.... but this is the one thing about them that bugs me. I have personally called customer support and asked to have incoming SMS and MMS removed/disabled... because I don't use it and hate getting messages from people who know my phone number. They say they can not remove it from my account... and yes, I do get charged incoming message fees.

  • 2 Posted by coolkyle4@snet.net on Thu Jan 31, 2008 2:53PM EST Report Abuse

    i am a tmobile customer and i find it bs that they wont do this, jus 2 save 10 cents per msg, but i mean i have a txting plan and everything, but to the ppl like this that dont have/want 1 is it rly that hard 2 tell ppl not 2 txt u and call me instead? but its still bs overall

  • 3 Posted by hedo4three2002 on Thu Jan 31, 2008 3:51PM EST Report Abuse

    It will be interesting how this turns out as having a cell phone isnt mandatory and there are other carriers available. If the suit is successfull the customers will probably get service credits.....attorneys the $$$$$.

  • 4 Posted by rogueist on Thu Jan 31, 2008 5:47PM EST Report Abuse

    Personally I like being able to send and receive the occasional SMS message without having to pay a monthly fee for a plan for it. I think its one of the best features of T-Mobile.

  • 5 Posted by schulzrobert@sbcglobal.net on Thu Jan 31, 2008 6:05PM EST Report Abuse

    I too have complained. One day I received four spam text messages. I'm using a prepaid phone and don't used it very often except for emergencies. I try save my minutes but how can I when spammers are using up my money!

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