Class action against T-Mobile USA’s texting moves forward
July 21 2008 - 2:13 pm EDT | Jeffrey Silva | RCR Wireless News
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A federal judge in Seattle ruled a class action texting lawsuit against T-Mobile USA Inc. will move forward, a development that comes as the mobile-phone industry offers to help federal regulators crack down on third-parties that send unsolicited commercial messages to subscribers.
While third-party texting appears to be part of a growing problem for consumers and cellular operators — the latter defendants in many lawsuits —the complaint filed by Marco Zaldivar and others against the No. 4 cellular operator also targets a business practice that allegedly prevents consumers from disabling handsets from receiving text messages.
“This ruling is a big win for T-Mobile customers and we're looking forward to presenting our case to the court," said Steve Berman, managing partner of Hagens Berman, the law firm representing plaintiffs.
The complaint against T-Mobile USA asserts subscribers have few options for dodging charges from unwanted text messages, and customers faced with the choice of either continuing to absorb charges or leaving the carrier. But doing the latter before the service contract ends can trigger an early termination fee of $175 or more, another controversial industry practice that’s also been a magnet for class action lawsuits.
“We don't believe either option is tenable for the company's 27 million subscribers,” Berman stated. “It is noteworthy that other carriers have found a way to allow customers to disable this function.”
T-Mobile USA disputed the notion that it renders its customers helpless to ward off unsolicited text messages and accompanying charges.
“While T-Mobile does not comment on ongoing litigation, the court's recent decision was not a decision on the merits, but rather an early procedural motion,” the company said in a statement.
The carrier added: “T-Mobile is committed to providing the best customer experience in wireless and does offer customers the ability to block chargeable text messages, MMS, IM and e-mail from being sent to their handsets at no additional charge. Customers can contact Customer Care or a retail sales representative for assistance and soon will be able to help themselves with tools on www.myt-mobile.com. ... T-Mobile also has extensive filters built into the network to help detect and block spam text messages being sent to customer’s handsets that originate from internet IP addresses. These filters are updated on an ongoing basis, including monitoring for newly emerging schemes.”
July 31, 2008 08:05 am
$1000 later? 6666 incoming text messages? sounds like a personal problem
July 30, 2008 01:25 am
I just called t-Mobile this past week to ask about how to stop unwanted text messages. The "wonderful" customer service person that I spoke with told me to text a reply of "stop". He said he does that on his phone and he doesn't get any more unwanted messages from that number. He even told me he would credit my account with 30 free text messages. Isn't that "SWEET"! When I tried his suggestion to reply with "stop", my text was bounced back to my phone as undeliverable. This customer service rep never even mentioned any blocking options to me! What a guy! Hey t-Mobile..."Can you hear me now?"
July 27, 2008 04:18 pm
In reply to T-Mo B...Jul 22, 08 4:10pm...If what you wrote is true, THAT IS ALL WE WANTED...a way to block unwanted msgs...Class Action or not we DEMAND (we've all asked nicely on Customer Care* already) the ability to NOT be charged for unwanted SPAM texts...they could've at least allowed people to remove texts until a time where they can "block unwanted, but allow T-Mobile msgs"...If T-Mobile admits no wrong-doing, then I'd like this lawsuit to proceed, if however, they can see where their previous stance was wrong & fairly refund people, then I'd vote for canceling the lawsuit...otherwise how do I join?* Customer Care is not to blame either, since THEY were not given the option/controls/authority to grant our requests...to remove text msgs...maybe they COULD do it, but they weren't allowed to by corporate/policy...so not their fault...but T-Mobile's Fault...
July 22, 2008 04:10 pm
The reason T-Mobile has not offered opt-out texting until now is the company has been developing a way to provide such a service without limiting their ability to stay connected to our customers. Communicating important information to subscribers such as bill information, account changes, and other important data is handled almost exclusively though sms. Until now there has not been a reliable way to allow this communication while blocking other messages. T-Mobile utilizes sms communication because it is a less invasive practice than actually calling each subscriber whenever there is news. Thankfully this will now be possible while also giving subscribers the option to completely avoid any and all messaging charges. Yet again T-Mobile leads the pack in customer support.
July 22, 2008 06:58 am
Yea see Verizon Wireless deals with these problems everyday and we came out with something a long time ago to take care of these Premium SMS charges. That should show you who America's most reliable wireless carrier is. BOO YA
July 21, 2008 02:40 pm
Sounds like a training issue if TMobile says they already have the capability to let customers block incoming SMS. Customers should be notified at point of sale that they can "opt-out" of text messaging, and if they call with a complaint, they should be given the option again. I would be furious if I was being charged for unsolicited texts. No excuse for this.
July 21, 2008 02:15 pm
Yea, T-Mobile just started their new message blocking service and it's FREE! It blocks all chargable incoming and outgoing messages. Sweet! See guys, T-Mobile loves their customers!!
July 21, 2008 02:40 pm
FINALLY! I've made multiple calls to stop the text messages. Now $1000 later something is being done. Previously all they would do is sell me another "special plan" to help cover the expenses because as they told me, "there's nothing we can do about eliminating the texts. It's like gettting a horn on your car. You can't ask for it to be taken off."
July 21, 2008 02:40 pm
Not silly. They wouldn't be putting this in place if the charges hadn't been brought. If they where going to do it with out being pushed (the lawsuit) they would have done it before now.
July 21, 2008 02:15 pm
Hahahaa, this law suit is silly because t-mobile is putting in place txt msg control right now. soon subscribers will be able to choose if they want to recieve sms or not. --Corey