T-Mobile Hit With Class Action Lawsuit Over Text Messaging

Thu Jan 31, 2008 1:48PM EST

See Comments (23)

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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  • 6 Posted by alexquintero1215 on Thu Sep 3, 2009 2:50PM EDT Report Abuse

    Is about time something was done about it i believe that i've paid over $400 is text charges in the past 4 years i tried talking to cosomer sevice but they refused to get the charges out, but this is great hopefully they will turn the sevice off when requested.

  • 7 Posted by jmccall800 on Thu Sep 3, 2009 4:37PM EDT Report Abuse

    Hijack thread time, sort of. How about disabling other features, like voice mail? I just got back from a trip to Germany and enabled international funcionality. I never answered my voice mails, but got charged $.99 each time. Crap, typical corporate response, "you should have called ahead, all the info is there", (buried) and no response to customer needs. It is business people, the sneaky underhanded kind that gave them a EU run in and forced curtailment. Read the other websites for people roaming charge horror stories. Cable TV, health care, and wirless, bend over time.

  • 8 Posted by agustin2489 on Thu Sep 3, 2009 2:47PM EDT Report Abuse

    I can't say I didn't see this coming. It's just something that is that predictable. I personally feel that one shouldn't be charged for incoming messages, only the outgoing messages. The advantage here is that those without an SMS/MMS plan would still be able to get messages, for things such as urgent memos or notes, but won't have to have to file class-action lawsuits like the above-mentioned. In all likelihood, carriers won't do this until they are actually forced to do so. Here's to seeing T-Mobile lose.

  • 9 Posted by johnbradshaw27 on Thu Sep 3, 2009 4:38PM EDT Report Abuse

    I love T-Mobile as my carrier, but I very much agree that they should have some sort of way to block incoming texts... maybe this is what it will take for them to put something in place to stop this.

  • 10 Posted by aushrine_1 on Thu Sep 3, 2009 2:59PM EDT Report Abuse

    I like T-Mobile more than other carriers in the U.S. Mobile services in EU are like 6 years ahead than in US. And you know what? Europeans don't pay for incoming calls or text messages. They pay only for what they are actually responsible... Maybe one day we'll have this here too.

  • 11 Posted by praisedivinemercy on Thu Sep 3, 2009 8:18PM EDT Report Abuse

    I'm a T-Mobile customer and I find this lawsuit slightly confusing because many plans seem to come with a certain number of text messages included. My own plan comes with 1000 texts. If I go over I buy more, which works retroactively--no special charges for going over. It's possible the the service reps are confused when people ask to cancel messaging. Some of the less expensive plans do not include texting but as far as I know the majority do.

  • 13 Posted by drchrism on Thu Sep 3, 2009 3:48PM EDT Report Abuse

    #12 -- not all plans include text messages. Mine does not, but I can still make and receive them, at a cost of .10. No big deal, unless I start getting a bunch of spam or my kid starts sending dozens a day. The point of the suit is that, for people like me that don't want text messages, we shouldn't get charged when others text us without our permission.

  • 14 Posted by tohrlsgirl on Thu Sep 3, 2009 10:14PM EDT Report Abuse

    If your messages aren't coming from actual phone numbers, but like numbers like 502 or something like that, those are actually emailed to you, and you can block all emails to the phone in the communications tab on Tmobile.com. I had to do that someone got my phones email address and boom spam. And when i asked to block my messaging, it was explained to me that sim updates come thru the text messaging system, which updates internet settings, voicemail settings, and yes text message settings. And should an update occure, and I dont have my text messaging on, i would not get the update and a feature or service on my phone wouldn't work. Now I tested that and played with my internet settings on my razr, when it wasn't working I called 611 again and they sent the settings to my phone.

  • 15 Posted by emw2net on Thu Sep 3, 2009 3:54PM EDT Report Abuse

    I was overseas and got several 129 text messages that I am sure I will be charged for. I am so upset with spammers using my minutes and texting me!

  • 16 Posted by rosacnj1 on Thu Sep 3, 2009 8:51PM EDT Report Abuse

    Why should you pay for something you do not want? I have also complained and they said that's the way it is set up. It is an easy way for them to make money. Let's see what happen now

  • 17 Posted by texas_thug@sbcglobal.net on Thu Sep 3, 2009 10:01PM EDT Report Abuse

    this is interesting. because i requested the text message service just to try it out for amonth or 2 n i din't used. so i call tmobil to cancel the service n they did. so a few days later i received text message from tmobil saying that i got a free unlimited text message service n i go ok. but now that i send or receive a message 'wich is very noticiable because i dont hardly used' i still get charged 15 cents per message. so yes i will keep checking this matter to se how will end.

  • 18 Posted by osideal8 on Thu Sep 3, 2009 7:46PM EDT Report Abuse

    I agree w/ # 4 i've had t-mobile since they bought voicestream if u don't want the service then u can cancel ur agreement due to breach of contract through ur carrier.

  • 19 Posted by psykoreo on Thu Sep 3, 2009 8:21PM EDT Report Abuse

    pick me!! I need them -_-;; the last game system I had was super nintendo (unless a ds counts) and my tx is a 14 inch.. -_-;;

  • 20 Posted by stephmase on Thu Sep 3, 2009 9:41PM EDT Report Abuse

    I have been a t Mobile customer for a long time, but this is one thing that makes me mad. I do not want to text and I do not want to receive texts. I personaly think phones are for calling people, not to text take pictures with or check email. I am fine with people who enjoy this, but if I do not I think it is wrong to make me have to pay for it. I have asked my friends not to text me many times but this does not work, they still do or spam. I do not want money from T Mobile I just want them to disable my texting that is all, I really do not think it is that unreasable thing to ask.

  • 21 Posted by amd9999 on Thu Sep 3, 2009 2:52PM EDT Report Abuse

    I agree. I hope this lawsuit costs T-Mobile a lot of money and forces them to allow the customer to turn off text messaging.

  • 22 Posted by ndknits on Thu Sep 3, 2009 7:34PM EDT Report Abuse

    This NY law firm is gathering information from wronged T-Mobile customers who have been billed for receiving text messages T-Mobile sends out and for checking these text messages. T-Mobiles rips you off coming and going! Here's the link to the lawyer's website where you can read all about it: http://www.gslawny.com/lawyer-attorney-1296648.html

  • 23 Posted by vera_guthrie on Mon Nov 2, 2009 2:58PM EST Report Abuse

    I started getting Text Messages and being charged for them by T-Mobile. I called and ask that Texting be blocked as I did not even know I could text and did not care to. I was told I had to buy a Text Package in order to block Text Messages. I argued until they finally blocked the text part. This is one vrazy company and I can not wanit until June 2010 when my contract is up!!

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