T-Mobile Sued For Forcing People To Accept (And Pay For) Text Messages

from the pls-dnt-mk-me-gt-txt-msgs dept

It’s not too hard to remember the day when a lot of people couldn’t receive text messages on their mobile phones. I still sometimes ask people to see if they use text messages. Apparently, if they’re on T-Mobile, I shouldn’t even bother. Even if you don’t want to use text messaging, T-Mobile requires users to accept messages… and to pay for them. That’s resulted in a class action lawsuit against the company for unfairly forcing people to pay for text messages they don’t want. While it may not be a huge issue right now, if SMS spam picks up, it could become a very important issue.

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Companies: t-mobile

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Comments on “T-Mobile Sued For Forcing People To Accept (And Pay For) Text Messages”

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45 Comments
courtney benson (user link) says:

Sales Management, Marketing, Sales

This goes right along with all the extra charges added to your bill every month that can’t be explained, but that get collected. The carriers’ legal and marketing departments come up with a variety of ways to scam us. Don’t expect relief unless you’re willing to let your state representatives know that you’ve had enough. Due keep in mind that the carriers have tons of lobbyist in Washington that pepper the purses of our politicians so that nothing gets done. Speak with your votes, comments and pocketbooks if you want change.

Paul Brinker (profile) says:

Call Cust Service

Before doing anything as crazy as a law suit, call cust service and order them to take the charge off, dont charge me agin or you can end my contract.

Note: I used this aginst sprint when I was geting SMS spam, sprints solution was to not charge for the first 100 incoming messages. (I had to talk to one of there special retention people and dident have a contract at the time)

Keep in mind, if you are geting SMS spammed, you can take the company spamming you to your local small clames court. Its easy to show damages (your cell phone bill) who sent the message (follow the money). And a few Certifiyed letters to the company to prove you asked them to stop. If your not incline to doing all the leg work a lot of college students have the free time to do it for you.

BTR1701 (profile) says:

Re: Call Cust Service

> If your not incline to doing all the leg work a lot of college
> students have the free time to do it for you.

Maybe you could get a few of those college students to teach you the difference between “your” and “you’re” and “there” and “their” and, well, just basic grammar in general.

I mean, “Certifiyed”? Seriously?

Honestly, does no one know how to speak/write properly anymore?

Anonymous Coward says:

At least until July 2007, Nextel would tell it’s customers that you could not have Voice-Mail without Text-Messaging service turned on. And unless you purchase a Text-Messaging package for $4.95, you would be charged $0.10 for each text message.

So basically, if you never had any business using text messaging on their “Re-branded Motorola” phones which were hellish to text anyone, but you wanted Voice-Mail, you would constantly receive unwanted Text-Messages which you were forced to pay for.

They have several other fishy billing schemes… but then again, Motorola isn’t doing so well these days, so they must get their money somehow.

James Last says:

Dropped

That’s why I dropped them, they charged me per message. The other thing is charging for incoming calls. My number was previously owned by a Vietnamese import business in Los Angeles. I got a lot of incoming long distance calls from Vietnam, China and India. The bill ran into hundreds of dollars. I threatened to take them to court after which they dropped the charges.

TW says:

My experience with Sprint.

Someone signed me up for a $9.95/month text msg service where I would get one or two a day with updates on hollyood stars… something that is not even on the list of things I give a crap about. I didn’t sign me up, Sprint couldn’t tell me who signed me up and I was getting charged like all of you for the text messages. Their initial attitude is that I MUST have signed up for it. When I didn’t get anywhere with their customer service I went to a sprint store and had to cause a huge scene in front of a store full of potential sprint buyers to get their attention. They initiated the call to a “sprint customer care” call center that regular sprint consumers don’t have access to. It took less than five minutes for this service center to credit my account and block any and all text messaging to my phone… I don’t use texting at all so no big deal for me. They still could not explain how a company I never heard of, from a website I never visited, was able to get $9.95/month on my bill. Sprint sucks just like every other cell company in the states. Try spending some time in Europe and Asia and you will understand just how bad cell service is in the USA.

Joe says:

Finally

I am very happy about this. When I first got T-Mobile, I couldn’t believe they charged me to receive text messages–that’s ridiculous! It made it even worse that I couldn’t simply disable it, so everytime someone decides they want to make my family pay more money, they simply need to send a few text messages. I suppose the ultimate exploitation of this would be to use unlimited text message or one of those online text senders and send about 10,000 text messages to the person: that’s $1500. Would anyone ever do this? It’s probably extremely rare, but I’m sure someone would. What would T-Mobile do to protect you? I’m glad they might finally end this.

t-mobile user says:

this is just a scam

same here I have the 1.95 $ / month plan to get 300 text messages (ancient plan) they do not have it anymore. signed up for it during a promotion, funny thing is. i do not get any kind of spam messages. yet my wife’s phone, same tmobile account, no text messaging plan on that number. she gets a few a month. coincidence? i do not think so. these guys pick the people that do not have the text messaging plans and sell their phone numbers to sms spamming companies. it’s a money making scheme… t-mobile gets paid from selling the number to a spam agency, then gets paid again from you when they charge you for those unwanted messages.

this should be investigated and sued if possible.

Rose M. Welch says:

Cingular did the same thing to me. My first (and last) telephone with them had a previous user that loved to receice text messages and did not let anyone know she had a new number. After the 20th or so text message, I called them to complain. I said that I could choose to reject an incoming call, but I didn’t have that option with a text message. They agreed to remove the charges, but stated that their policy was that I was responsible for any and all charges from then on. I kept calling, and kept refusing to pay for them. It was shitty that I had to spend that much of my time calling about something that I never agreed to pay for. Assholes.

Ben Robinson says:

You shouldn't have to pay at all.

Rather than launching a calss action lawsuit against Tmobile for making it so that you can’t block texts, the whole US population should launch calss action suits against all the carriers for maiking you pay to receive text messages. This seems to be a purely US thing, you certainly don’t pay to receive texts in any european country and although i might be wrong i have never heard of paying to receive sms anwhere other than the US. The carriers are clearly double dipping, they charge the sender and the receiver of the message. THe only reason they get away with this is because in the US you are used to paying to receive calls on your cell phones so they get away with charging you to receive sms. The opnly reason that you have to pay to receive cell phone calls in the US is because some moron decided it was a good idea to give cell phones exactly the same type of numbers as land lines so callers can’t easily tell if their call is going to a cell phone or a land line and so the phone companies can’t charge more for calls to cell phones. None of this applies to texts, so by charging you to receive a text message they are simply chring the recipient for something that the sender has already paid.

Matt says:

No spam or charge on VZW

I have used verizon for years. I don’t currently have a text plan though a few years ago I did have the 300/month plan. I receive 1 message from verizon about every 3 months. And it’s free.

Also, I’m extremely careful about giving my number out. Only when it is required and only when there isn’t someplace else that I can go where it is not required.

Twinrova says:

Verizon makes it difficult to get a refund on thes

Interesting story, but this isn’t just limited to T-Mobile.

Include Verizon in this as well. A few months ago, our family plan started receiving messages from spammers. I called Verizon and spoke to customer service, who stated to me that having DROPPED the unlimited plan that we would be charged for all incoming text messages.

I retorted and stated that was fine, if only the text messages weren’t ads produced by Verizon. Of course, this got her attention as she denied the allegations that Verizon sends spam ads.

I asked for a refund of the messages that weren’t originally from numbers we normally text and was refused. Big mistake on their part.

After making another phone call, I got the refund AND SMS feature turned off completely.

T-Mobile deserves this lawsuit. Strictly because they WON’T turn off the service to customers.

Matt says:

Stop hating on T-Mobile they are the best

True, T-Mobile DOES send me a text message… when I have forgotten to pay my bill. I actually like this and it makes things easier. They have never spammed me, and I have never received a spam message from anyone else.

This class action suit is horrendously stupid. So they sue T-Mobile over 10cent text messages, some attorneys will get a couple cool million each, I may get a dollar or two from the settlement, and then T-Mobile will have to increase their prices to pay for said attorneys’ new BMWs.

Disgusting!!!!!!!!!!!!!

CCH says:

Re: Stop hating on T-Mobile they are the best

No this isn’t stupid. I just got $15 worth of text messages sent TO my daughters phone. What’s to stop here from receiving $1000 next month? There is no control over this. If someone with unlimited text messaging wants to cause problems it is simple. Not to mention the email address associated with text messaging. This is a HUGE problem and T-Mobile better do something soon.

another mike says:

TCPA still in effect?

Is the Telephone Consumer Protection Act (from 1991) still in effect? Among other things, this law makes it illegal to telemarket cell phones, send recorded messages to cell phones, and to send text messages to pay-to-receive accounts like cell phones.
I got text spam on my Sprint phone, at 50 cents a pop! When I called them up, their help(less)desk Indian’s script said I could go online to block texting on my account. I would’ve assumed that I could do that over the phone with the phone company. Guess not.
One of the spams came from a bar in the next town, some party they were having. I drove over there, showed the owner the spam on my phone, and demanded he stop spamming me or I’d sue him. He called the ad agency and ripped them three new ones for involving him in spamvertisement, void contract, full refund, wasn’t paying them, the works. He invited me to stay for a free beer, and while I was enjoying that, the ad agency rep showed up. All the customers could hear the owner ripping this guy another one from the office. I left very happy.
The moral of this story is: being spammed by a local company’s ad agency is very entertaining, satisfying, and may involve free beer 😉

Jewel says:

T-mobile charging more for text that what is on th

This is for those that are tired of getting stuck with charges that don’t belong to them. I noticed my T-Mobile bill going up in price each month, so today, being tired of paying more than what I signed on for, I started to do some research on our bills. Apparently T-Mobile raised the price of our text messaging WITHOUT informing us. We have kept every single piece of paper T-Mobile has sent to us over the last two years…we use one of the phones for business so we had to keep any and all documentation for expense reports and taxes. We never received any “insert”. On top of this, for the last year of our service, we have had dropped calls, static on the lines, no service, etc. We have called many times to get the technical problems resolved-even went as far as purchasing new phones (at full cost) for both lines and replacing sim cards-and still-the service is below par. As far as the texting goes-I did my research and then looked at our plan online…I signed in, clicked on “Plans”, went to the bottom of the window and clicked on “See Other Included Services”, went to the bottom of the next screen and clicked on “More Information About Services”, On the next page…First paragraph under the heading “ALL PLANS” If you read the first couple of lines-you will see that T-Mobile themselves say that text messages are only supposed to be 5 cents a text. This is for ALL PLANS-Not just for mine. Yet they are charging everyone more! As far as I am concerned-this is deplorable-and earns them MILLIONS of dollars a month!!!!! A month-not a year or more. Think on it-every one of their customers is paying more than what they say they actually are charging. I called T-mobile and explained that we were very unhappy with the service and now we find out that our Text cost went up. I spoke to a lady and explained what I found on their website and started to ask why they were charging me more than they themselves state the charge is supposed to be. And here I have been paying more for TWO YEARS!!! She said this was a tax, I said no it isn’t-read the paragraph. She put me on hold for a few minutes. When she came back, I asked what would they do for me since I have been paying more than required for 2 years. She didn’t know-so I asked for a supervisor. It took a few minutes-but I got one. . She came back and actually thanked me for finding the “typo”. She couldn’t believe that no one had found it before. She even confirmed the “typo” with her supervisor and then their business department. When I did get the supervisor, she was very defensive. I wasn’t-I was actually pretty nice. I explain everything again, and I ask her-what was T-Mobile going to do for me since I have been paying over their own rates for the last two years. She states that she has documentation that we received the insert explaining about the Text rate change. She stated that I HAD to have received the insert. I told her I was more than willing to send her every paper I had for the last two years, it isn’t here. Unless I signed it and gave it back (which if I had received it and they had asked me to at the time-I probably would have), she cannot say I received it. I am not a dishonest person-I would take a lie detector test to prove we never received it. She refused to give any-she only offered me a rate of .10 cents for our texts for the last month, but as of right now-I am officially notified that my rate of texts from here on out would be 15 cents per text. I couldn’t believe she said that-I repeated ”So you are saying, as of right now-you are officially notifying me?” She said yes. If that is the case-I should be able to cancel my contract because I am just now officially informed of my text rate change, and since we are still having service problems after trying everything they suggested, we no longer want to keep the service. We especially don’t feel that we should have to pay even more for services that we are not happy with. She said no-and I said-but you stated yourself that people had 30 days from the time of discovery to cancel their contracts without an ETF if they did not approve of the rate change, and you just “OFFICIALLY” let me know of my rate change. She started to get a little more rude now and told me she could not waive the ETF. I explained that this didn’t make sense, from what she herself said in the beginning of the conversation. We keep going round in circles repeating the same points of view. I asked to speak to her supervisor. She told me they weren’t there but she would have them call me. I have “print screened” the page with the 5 cent text rate-with the date of 2-6-2008, so they can’t say it didn’t exist. If 5 cents per text was on their site and I saw it-they should honor it, and have it retro-active for the last 2 years. I just feel that they are cheating everyone, and they aren’t even letting anyone know about it. We shall see what happens.

Jewel says:

T-mobile charging more for text that what is on th

This is for those that are tired of getting stuck with charges that don’t belong to them. I noticed my T-Mobile bill going up in price each month, so today, being tired of paying more than what I signed on for, I started to do some research on our bills. Apparently T-Mobile raised the price of our text messaging WITHOUT informing us. We have kept every single piece of paper T-Mobile has sent to us over the last two years…we use one of the phones for business so we had to keep any and all documentation for expense reports and taxes. We never received any “insert”. On top of this, for the last year of our service, we have had dropped calls, static on the lines, no service, etc. We have called many times to get the technical problems resolved-even went as far as purchasing new phones (at full cost) for both lines and replacing sim cards-and still-the service is below par. As far as the texting goes-I did my research and then looked at our plan online…I signed in, clicked on “Plans”, went to the bottom of the window and clicked on “See Other Included Services”, went to the bottom of the next screen and clicked on “More Information About Services”, On the next page…First paragraph under the heading “ALL PLANS” If you read the first couple of lines-you will see that T-Mobile themselves say that text messages are only supposed to be 5 cents a text. This is for ALL PLANS-Not just for mine. Yet they are charging everyone more! As far as I am concerned-this is deplorable-and earns them MILLIONS of dollars a month!!!!! A month-not a year or more. Think on it-every one of their customers is paying more than what they say they actually are charging. I called T-mobile and explained that we were very unhappy with the service and now we find out that our Text cost went up. I spoke to a lady and explained what I found on their website and started to ask why they were charging me more than they themselves state the charge is supposed to be. And here I have been paying more for TWO YEARS!!! She said this was a tax, I said no it isn’t-read the paragraph. She put me on hold for a few minutes. When she came back, I asked what would they do for me since I have been paying more than required for 2 years. She didn’t know-so I asked for a supervisor. It took a few minutes-but I got one. . She came back and actually thanked me for finding the “typo”. She couldn’t believe that no one had found it before. She even confirmed the “typo” with her supervisor and then their business department. When I did get the supervisor, she was very defensive. I wasn’t-I was actually pretty nice. I explain everything again, and I ask her-what was T-Mobile going to do for me since I have been paying over their own rates for the last two years. She states that she has documentation that we received the insert explaining about the Text rate change. She stated that I HAD to have received the insert. I told her I was more than willing to send her every paper I had for the last two years, it isn’t here. Unless I signed it and gave it back (which if I had received it and they had asked me to at the time-I probably would have), she cannot say I received it. I am not a dishonest person-I would take a lie detector test to prove we never received it. She refused to give any-she only offered me a rate of .10 cents for our texts for the last month, but as of right now-I am officially notified that my rate of texts from here on out would be 15 cents per text. I couldn’t believe she said that-I repeated ”So you are saying, as of right now-you are officially notifying me?” She said yes. If that is the case-I should be able to cancel my contract because I am just now officially informed of my text rate change, and since we are still having service problems after trying everything they suggested, we no longer want to keep the service. We especially don’t feel that we should have to pay even more for services that we are not happy with. She said no-and I said-but you stated yourself that people had 30 days from the time of discovery to cancel their contracts without an ETF if they did not approve of the rate change, and you just “OFFICIALLY” let me know of my rate change. She started to get a little more rude now and told me she could not waive the ETF. I explained that this didn’t make sense, from what she herself said in the beginning of the conversation. We keep going round in circles repeating the same points of view. I asked to speak to her supervisor. She told me they weren’t there but she would have them call me. I have “print screened” the page with the 5 cent text rate-with the date of 2-6-2008, so they can’t say it didn’t exist. If 5 cents per text was on their site and I saw it-they should honor it, and have it retro-active for the last 2 years. I just feel that they are cheating everyone, and they aren’t even letting anyone know about it. We shall see what happens.

galets says:

Stop hating on T-Mobile they are the best

First, it’s not 10, but 20c. Second, go pay for it yourself, I’m not printing money, I’m not a federal reserve. When I sign for a phone service, I want phone service. If they want to send me any stupid messages – fine, but I’m not paying for those, neither I’m going to call any customer service, unless they compensate for the time spent.

I agree, class action lawsuits is the incredibly expensive and counterproductive, but what t-mobile does is outrageous, and sometimes you do what you have to do to make an sob to stop

Anonymous Coward says:

Stop hating on T-Mobile they are the best

Matt, you’re a tool. Do a little research. A class action is a lawsuit brought on to stop an illegal practice – it is not suing a party to make a boatload of money. If that’s your intention, opt out of the class and file your own lawsuit.

Second, attorneys for a class action have to FRONT THE MONEY for the lawsuit. Have you ever heard of somebody paying to be a member of a class action? Who do you think pays for the filings and motions, etc., for every member across the country???

Asswipe.

Lucille says:

T.Mobile

I have a bill with T-Mobile and some of the calls were text messaging from here in Taholah where we do not have a tower here. There are calls that I did not make and T-Mobile is charging for them. They say that the bills are consistant with the rest of my bills which is not true. If I can get in on the lawsuit I would gladly do so.
quiltluci@hotmail.com
sincerely,

Lucille A. Quilt

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