T-Mobile Hit With Class Action Lawsuit Over Text Messaging

Thu Jan 31, 2008 1:48PM EST

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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 Sep 3, 2009 4:40PM EDT 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 hedo4three2002 on Thu Sep 3, 2009 4:18PM EDT 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 $$$$$.

  • 3 Posted by rogueist on Thu Sep 3, 2009 8:49PM EDT 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.

  • 4 Posted by schulzrobert@sbcglobal.net on Thu Sep 3, 2009 9:08PM EDT 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!

  • 5 Posted by m_knopp on Thu Sep 3, 2009 7:32PM EDT Report Abuse

    I am not a Tmobile customer, but Sprint sends out text messages to promote new features or to let customers know about certain changes. I don't know if TMobile does this, but if they did I would be extremely ticked. Oh well, like I said, I am not a TMobile customer, and right now very happy for it.

  • 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.

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