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T-Mobile USA Sued Over Texting

By Dianne See Morrison - Fri 01 Feb 2008 05:23 AM PST

A class action suit has been filed against T-Mobile USA claiming that consumers were being charged for text messages that they did not want. RCRnews reports that the suit, filed in the U.S. District Court in Seattle, has alleged that the SMS policy of the Bellvue-Washington based carrier violates federal telecom law and Washington state’s consumer protection law.

The plaintiffs stated, “T-Mobile refuses to disable the texting messaging feature on its customers’ accounts, even when the customer has no interest in sending, or, more importantly, receiving text messages. Moreover, T-Mobile requires each of its customers who have not subscribed to one of T-Mobile’s Messaging Value Bundles to pay for each and every unsolicited text message they receive. In sum, T-Mobile, the party with the superior bargaining power, has carried out a wrongful business scheme regarding text messaging to deliberately cheat a large number of consumers out of individually small sums of money.”

The suit did not specify the amount of money in damages it was seeking and T-Mobile declined to comment on the litigation. As RCR notes, the practice isn’t “unusual,” though Sprint (NYSE: S) and Verizon (NYSE: VZ) do allow consumers to turn texting off if they do not want it, while T-Mobile does not.

Posted in: Companies, Operators, SprintNextel, T-Mobile, Verizon, Legal



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4 Responses:
  • From Lauren Sat 09 Feb 2008 01:49 PM

    This is so dumb. I am with t mobile and this is why there texting servies is unbelieveable a rip off. I get charge a bunch of money each both because of this. I dont want texting but i keep getting texts so this lady at t mobile told me i wouldnt be charge if i just delete the text and not look at it. So i do, and therefore i still get charged. I think their somehow wanting people to get the texting bundle this is probably why they are doing this. I think t mobile should turn the texting off and give ppl an option about this!!! Its not fair.

  • From lj Sun 10 Feb 2008 05:56 PM

    i have a t-mobile prepaid phone and i cant text; i can only get picture messaging through to my friends it totally sucks, and i can only have 60 characters a text. I i get a two year contract will my texting be any better?

  • From pr Mon 02 Jun 2008 06:40 PM

    Please post a link to the class suit. I’d like to get in. I hate to pay for SMS spam. For a reagula phone call I can either answer it or not. For SMS I’m paying no matter what, and there is no option to unsubscribe.

  • From Theropod Sun 13 Jul 2008 04:21 PM

    For all we know, T-Mobile could be sending us the spam themselves, just to pressure us into upgrading to unlimited texting packages.

    Whoever’s behind it, though, can burn to death.

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