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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.
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265 thoughts onT-Mobile class action over 5G network launch sent to arbitration
Add me. They keep charging me and my phone keep getting cut off. How do you become a month behind if your on auto pay? They take my money out twice a month and my phone is off how do that work?
Add me I have had to change Mt plan because they couldn’t fix it. I was told to upgrade.
Has anyone else received payment? I just received payment of $200 from . T-Mobile arbitration.
Samsung 21 note ultra
I feel like they force me to buy another phone every 6 months to a year because service gets so bad it becomes unusable. I’ve been paying for service I’m not getting and can’t receive or make calls. After four on the phone, in person and virtual assistance today with issues the pat five days, the problem is not resolved. So much waste of my life and time. I’m in.
Add me please I got stuck in this limbo of phone not working after purchasing through online store. I have tried reaching out to no avail a multitude of times . I thought I purchased a new phone with a 12 month warranty. Which it was new but older. Aparently so when they made the switch my service stopped . And I paid my monthly bills thru page plus but my phone is a tmobile Samsung s9. I paid over 400 brand new still have all email receipts and at time I still had 3 months left of my warranty. Never got no reply nor was I warned about what would happen after the switch to prepare me for change. Please add me
I would like to be added to the class action lawsuit. I had been with sprint for several years with no issues. Then after the merger with t-mobile I have had several problems with service and reception. This has caused me multiple problems. I couldn’t believe it when a person that was next to me with an Obama phone was capable of making phone calls and receiving them while I was struggling trying to make and receive calls. This is outrageous!
I think it’s time that we the people put a stop to all these corrupt corporations. I also have been treated unfairly by T-Mobile after being a loyal customer for over 15 years. I was told to upgrade my plan to get faster 5G speeds. They didn’t even have 5G in my area yet. I’m currently headed to Arbitration as well. T-Mobiles offers to pay off the debt they created and let me keep my phone, but I must sign an agreement to never speak in this or make any future claims against T-Mobile. I will be sharing this story.
As me please!
Add me please
Add me!