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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
We had nothing but trouble when the merger happened, leaving us with phones that working work and to the point we dropped them and broke our contract to go to another service provider. Add me please!
T mobile constantly added fee and shut my phone off every month
Please add me because the 5G service would not work properly and I was not able to lose a ton of money The 5G would buffer everyday and I would not be able to process my transactions on time or in successful or efficient manner. Everything worked smoothly when I was on their 4G network and everything went bad when they rolled out the 5G without warning.
Where to start! I think TMobile is committing fraud to force people to buy their overpriced phones, and they will put you on a payment contract even if you don’t want it. My phone was a Moto X4. Worked great until suddenly it didn’t. They couldn’t figure out why. They said that it had something to do with the network not being updated. So they stuck me with this stupid Moto 5g stylus that I wanted to pay outright. They hid the outright prices in the store. They added insurance I didn’t want too! I hated the phone so I bought a different one that worked on the network. Suddenly it stopped working properly. It stopped picking up signal almost everywhere. It’s a Sony pro-1 and it shows up as an Iphone!! I think they are switching the type of phone in the system which will ultimately force you to buy a new one from them!! They do not seem to be honoring “Bring your own phone” on TMobile. I will be screenshotting and trying to contact the lawfirm today.
Add me
I just checked my phone bill and discovered I was being charged for 2 phones of which the lease had expired. Contacted t-mobile and they offered me 2months credit on my current bill. I agree but wondered why I was not notified of the expiration. The explanation was I was my responsibility to know when my expiration date was. I started that on my Sprint, bill it had the equipment expiration for my contact. But when T-mobile purchased Sprint it no longer appeared on the bill. Hence I’ve been paying on a contract for I don’t no for how long. Care rep stated they were only authorize to give me two months credit. I think I should be compensated for all the months I was charged. Can you help me?
Add me
I have and LG V phone that was used for about 6 months was told that it would not work when these changes where (are) made and found out when I realized that I was getting 5g signal anymore…. There response ” upgrade to a new Network compatible phone”….. That…. I had already done in store 6 months earlier and still would have to pay for….. I still have that phone…. Awesome phone too!…. Just obsolete tech sold by a nefarious (suddenly non Corporate) and newly Franchise owner….. Heart breaking that there is/was little to do….. Lawyer agreed, we would win
But the Cost would far exceed the Return and the Feds will NEVER fine of correct these loop holes that have allowed and will continue to weep money for good people”
**If we all read the Fine Print…
We would all be back in the caves….. Unwilling to sign anything
Add me for 2 IPhone 13’s I was forced to purchase due to 5G not being compatible on my Samsung sprint phones I was forced in to a contract and forced to purchase 2 new phones when the phones I had not only worked but I liked it better than these iPhones
ADD Me Please