T-Mobile class action over 5G network launch sent to arbitration

Update: 

• A man has been forced into arbitration with T-Mobile after alleging the company launched a 5G network without telling customers it planned to shut down older networks and didn’t address network incompatibilities for certain phones.
• Plaintiff Jose Luis Garcia Moreno filed the class action complaint against T-Mobile USA Inc. on June 15 in a Washington federal court, alleging breach of warranty and violations of consumer laws.
• However, on Jan. 25, U.S. District Judge John H. Chun granted T-Mobile’s motion to compel arbitration, stating Moreno had clearly agreed to four arbitration provisions when he became a customer.
• Moreno argues the arbitration provisions are “substantively unconscionable.” 
• He alleges T-Mobile developed its 5G launch without disclosing to its customers — including former Sprint customers following the merger between Sprint and T-Mobile — it intended to shut down older networks without adequately addressing network incompatibilities for numerous devices dependent upon them.

T-Mobile class action overview:

• Who: A phone customer is suing T-Mobile
• Why: The customer says some devices will become unusable after the telecommunications company launches its 5G network
• Where: Washington federal court

(June 20, 2022)

T-Mobile launched a 5G network without telling customers that it planned to shut down older networks, and didn’t address network incompatibilities for certain phones, a new class action lawsuit alleges.

Plaintiff Jose Luis Garcia Moreno filed the class action complaint against T-Mobile USA Inc. on June 15 in a Washington federal court, alleging breach of warranty and violations of consumer laws.

He says T-Mobile developed the network’s launch without disclosing to its customers — including former Sprint customers following the merger between Sprint and T-Mobile — it intended to shut down older networks without adequately addressing network incompatibilities for numerous devices dependent upon them.

Impacted devices included the Samsung Galaxy S10 5G, LG V50 ThinQ 5G, HTC 5G Hub, OnePlus 7 Pro 5G and various tablets, security systems and other devices.

“Many of the Class Devices have or will become wholly unusable as the non-Network older Sprint and T-Mobile networks with which they are compatible, including Sprint’s 3G, 5G, and LTE networks as well as T- Mobile’s 3G UMTS network, get shutdown,” the lawsuit states. 

“Defendant has been unwilling to acknowledge the Defect, much less remedy it, and Plaintiff hereby seeks to correct that injustice.”

Customers left with inoperable devices

On July 2, 2020, T-Mobile shut down Sprint’s 5G network. 

Tech websites noted the inoperability of Sprint’s 5G-enabled devices, including the OnePlus 7 5G, on the network, the lawsuit states. 

The shutdown of Sprint’s 5G network left approximately 75,000 sold 5G phones without the ability to receive a 5G signal. 

“Rather than offer owners of these phones free upgrades, customers would have to switch their phone and phone plan to a new offering from T-Mobile,” the plaintiff alleges.

Selling 5G data plans, in particular, with a limited shelf life and devices unable to connect to existing 5G and other networks is a fraud on consumers, he says.

Moreno is looking to represent anyone in the United States who owned or leased an affected device.

He’s seeking certification of the class action, an injunction, fees, costs, monetary relief and a jury trial.

Meanwhile, T-Mobile is being sued by a Florida man who says he received 50 unwanted calls from T-Mobile and its affiliates chasing down a stranger’s unpaid debt.

What do you think of the allegations against T-Mobile? Let us know in the comments. 

The plaintiff is represented by Cindy Heidelberg of Breskin Johnson & Townsend PLLC and Nicholas Migliaccio and Jason Rathod of Migliaccio & Rathos LLP.

The T-Mobile class action lawsuit is Jose Moreno, et al. v. T-Mobile USA Inc., Case No. 2:22-cv-00843 in the U.S. District Court Western District of Washington.

Read About More Class Action Lawsuits & Class Action Settlements:

• Verizon report says human error leading factor in data breaches
• Verizon, AT&T, T-Mobile deploy 911 technology to ID callers’ floor location
• Parker Hannifin Class Action Alleges March Data Breach Caused by Lapsed Security
• Filters Fast data breach class action settlement