T-Mobile USA lost a legal ruling last week when a U.S. District Court judge denied its motion to dismiss a lawsuit filed by a group of disgruntled T-Mobile subscribers, claiming the company charges them — and millions of T-Mobile customers — for unsolicited text messages.
According to the complaint, customers have no way to disable the phones from receiving text messages, and are forced to pay between 10 and 15 cents for every message - even if the message is unwanted. Currently, T-Mobile customers have few options for avoiding the charges for unwanted text messages, the complaint states. Customers can either continue receiving charges or terminate their cellular service contract before completion, which can result in early termination fees. According to named plaintiff Marco Zaldivar, in addition to charging him for receipt of unwanted text messages, the company also failed to highlight this practice in his service contract. Zaldivar claims that nowhere did T-Mobile advertising include the fact that the company charges customers for all incoming messages. He alleges that both online and in-store T-Mobile marketing materials only described text messaging as an optional service for an additional monthly fee.
Judge Richard Jones denied T-Mobile’s attempt to dismiss the case, denying the company’s legal argument that the complaint filed against them contained flaws in the way it made certain allegations.
I too have been getting unsolicited text messages and it took several hours for T-Mobile to reimburse the fees and four people. They tried everything they could to not have to reimburse the fees. They even hung up and never called back. I fought tooth and nail to get them to waive the fees. They blocked text message service and advised text fee charges have gone up from $0.15 to $0.20. I am very suspicious that T-Mobile is committing fraud. I reported them to the Better Business Bureau. I was surprised to find they are not a member of the BBB and have an unsatisfactory rating. This issue is all over the internet. I hope the are found guilty in the lawsuit. I am living proof that they are charging for unsolicited fee and unless you spend your whole day arguing with 2 reps and their supervisors you won’t get any refund whatsoever.