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T-Mobile and 1.4 million Class Members have reportedly reached a false advertising class action lawsuit settlement that would resolve allegations that the cellphone company misrepresented Asurion Corp. cellphone insurance plans.
A panel of judges for the 9th U.S. Circuit Court of Appeals remanded the T-Mobile class action lawsuit to allow the district court to review the proposed settlement.
Appellate Judges William A. Fletcher, Richard Paez and Marsha S. Berzon stated in their order Tuesday: “We have reviewed the stipulation of the parties and construe it as a motion for a limited remand. As such, the motion is granted. This appeal is remanded to the district court for the limited purpose of enabling the district court to consider whether it is willing to approve the parties’ proposed settlement. If the parties inform this Court that the settlement will be approved, the appeal will be dismissed.”
Plaintiff Wineesa Cole filed the T-Mobile cellphone insurance class action lawsuit more than a decade ago over claims that an insurance program she paid for in 2004 was no longer valid when she allegedly needed to use it. Cole says that when she purchased the cellphone insurance program, she was told that if she paid $3.99 a month, the insurance would cover the cost of her phone if it was lost or stolen as long as she paid a $35 deductible.
However, the T-Mobile insurance class action lawsuit claims that when plaintiff Cole lost her phone the following year, Asurion informed her that the terms of her plan had changed. According to the class action lawsuit, Cole was told she would now have to pay a $110 deductible or her cellphone could be replaced with a refurbished phone that could be worth less than the deductible.
U.S. District Judge Philip Gutierrez certified the T-Mobile cellphone class action lawsuit in April 2010.
In July 2015, Cole’s attorneys encouraged the panel of appellate judges to overturn U.S. District Judge Manuel Real’s order granting T-Mobile’s motion to compel arbitration. The plaintiff’s counsel claimed that because T-Mobile’s arbitration agreement forces cellphone customers to non-binding arbitration, it is not covered by the Federal Arbitration Act and therefore cannot impose a waiver of class action rights.
T-Mobile’s lawyers argued that nonbinding arbitration is still “arbitration” under the meaning of the Federal Arbitration Act.
More information about the terms of the proposed T-Mobile settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.
The plaintiffs are represented by Taras Kick, Thomas A. Segal and James Strenio of the Kick Law Firm.
The T-Mobile Cellphone Insurance Class Action Lawsuit Settlement is Wineesa Cole, individually and on behalf of all others similarly situated v. Asurion Corp., et al, Case No. 13-56218, in the U.S. Court of Appeals for the Ninth Circuit.
UPDATE: Instructions on how to file a claim for the cellphone insurance class action settlement are now available! Click here for details.
UPDATE 2: On Jan. 26, 2016, a Class Member filed an objection to the $4.2 million settlement claiming that Class Members were provided inadequate notice about the proposed deal and that the settlement agreement does not provide enough compensation.
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17 thoughts onT-Mobile Reaches Settlement Over Cellphone Insurance Plans
i was told the same thing
Add me please
Hi there, does anyone know when will this settlement close?
TMobile doesnot want to payout but they know they are guilty as dog crap Help MARCO
Ms. Wineesa Cole complaint is very much true. I remember paying insurance on my T-Mobile phone, and I was told if i lost my phone, that the insurance would pay for a brand new phone. That was a big LIE,,,, I did lose my phone, and I had to pay a refurbished cost-regardless of the insurance on my phone. The refurbished phone looked used and wrapped in plastic.
I was sold $10/month insurance by T-mobile. When I cracked my screen, they sent me a refurbished phone which does not work well. Furthermore, they claimed to never have received the phone I sent back, and charged me around $450 for it. Meanwhile, I called them to complain, and provided them the tracking number to prove the phone was sent back. I have gone to the T-Mobile store many times to attempt to resolve the issue, it has been in discovery for several months and I have not been refunded my money. I would like to start another class action lawsuit. If a law firm reads this, please contact me. The refurbished phone insurance scam is bad enough, but charging me $450 on top of that is just outrageous.
Yes I am going through that right now I just contacted the FTC.
Did a law firm ever contact you? This very thing along with others has happened to me 9/2016 and it took like 4 long months to correct. These people have the worst customer service and resolution team. They even had and 5th line attached to my account for months and I knew nothing about. Scammers trying to sell phones and lines for Sales. False advertising, Poor Phone and Customer Service. The Feds should shut them down!
I received a check today for $53.47 and it seems very fishy. Did anyone else receive a check in the mail dated 4-3-17. I am not cashing this check because it looks like a scam.
I received a check on 4/6/17 also. Mine was for $106.00. It is a bit strange that more people havent reported receiving theirs…but im pretty sure the check is legitimate…
I received a check this week for $53.47 dated 4/3/17 too. It’s legit from Bank Of America.
I had this exact problem with T-Mobile when my Galaxy took a turn for the worst they sent me a some Motorola android that weighed a ton and wasn’t up to speed like the Galaxy. I ended up leaving T-mobile for Verizon because of it. I filed a charge with the BBB and they got away with it. I’m glad this lawsuit was brought upon them for being so shady. It’s not a lot of money for the hell that they put me through but it’s something.
Did anyone get back to you
UPDATE 2: On Jan. 26, 2016, a Class Member filed an objection to the $4.2 million settlement claiming that Class Members were provided inadequate notice about the proposed deal and that the settlement agreement does not provide enough compensation.
Is there anything I can do if I received a notice but do not remember my old number from 2007?
UPDATE: Instructions on how to file a claim for the cellphone insurance class action settlement are now available! Click here for details.
I purchased a Samsung phone from tmobile in November of 2014. I opted for the insurance at $6 month and when my phone began having problems (shutting off) tmobile said I would have a $300 deductible. I contacted samsung, and my phone was covered under their warranty, so they fixed it free of charge. I feel tmobile would have sent my phone to Samsung, had it fixed for free and still kept my $300 ( the phone was $499)
shelie radotic Thank you for this valuable info. Raven