Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A California woman says T-Mobile has been running a deceptive promotion designed to fraudulently induce mobile phone subscribers to switch carriers.
Plaintiff Suzie Cesarina says she and other subscribers were overcharged after they switched to T-Mobile service in response to a promotional offer of four lines for $100. She alleges T-Mobile has violated provisions of federal and California consumer protection laws.
Cesarina says she signed a contract for T-Mobile services in November 2016 after viewing an advertisement that offered four lines with unlimited talk, text and data for $100, plus two free tablets. The tablets turned out to be subject to an activation fee, which T-Mobile promised to reimburse, she claims.
To sign the contract, she says she was presented with a handheld signature pad and asked to sign. The sales associate allegedly said her signature would then be applied to all relevant purchase documents. Cesarina says she was never given a chance to see the documents she signed, neither before nor after the signature – she believed she was only signing for the payment.
Later, Cesarina says T-Mobile failed to honor the terms of the promotion. The plaintiff says she was charged well in excess of the advertised $100 per month fee, and T-Mobile never reimbursed her for the tablet activation fee as promised. T-Mobile then billed her by making recurring charges to her payment account, which Cesarina says she never authorized.
Because she was never given a copy of the contract terms, Cesarina says she never saw an explanation of the charges. She says she asked T-Mobile to cancel any additional charges she didn’t agree to. But T-Mobile continued to make repeated withdrawals of funds from her account, she claims.
The charges continued for several months without Cesarina’s authorization, according to her T-Mobile class action lawsuit.
Cesarina claims T-Mobile’s conduct violates the federal Electronic Funds Transfer Act, or EFTA. The EFTA requires among other things that the consumer must get a copy of an authorization for electronic fund transfers at the time the authorization is made, and that the consumer can stop payment of a preauthorized transaction by notifying the financial institution up to three business days before the scheduled date of transfer.
Cesarina proposes to represent four different plaintiff Classes. One EFTA Class would cover all U.S. persons whose bank accounts were debited on a regular basis by T-Mobile without a written and signed authorization within one year prior to the date this action was filed. The EFTA Class 2 would cover all U.S. persons whose bank accounts were debited after they revoked consent for such debits.
The Telephone Service Class would cover all California citizens who within the applicable statutory limitations period purchased the four lines for $100 package advertised as such, and the Tablet Class would include all California citizens who accepted an offer of tablets that were advertised as free.
She seeks a court order requiring T-Mobile to run a corrective advertising campaign and an award of damages, restitution, court costs and attorneys’ fees, all with pre- and post-judgment interest.
Cesarina is represented by attorneys Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman PC.
The T-Mobile False Promotion Class Action Lawsuit is Cesarina v. T-Mobile USA Inc., Case No. 8:17-cv-02054, in the U.S. District Court for the Central District of California.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
23 thoughts onT-Mobile Class Action Says Promotion Leads to Unauthorized Charges
PLEASE ANYONE I REALLY NEED HELP IM BEING TOOKEN ADVATANGE OF BY THEM AND I JUST DONT KNOW WHAT CAN BE DONE.PLEASE!
PLEASE ANYONE I REALLY NEED HELP IM BEING TOOKEN ADVATANGE OF BY THEM AND I JUST DONT KNOW WHAT CAN BE DONE.PLEASE!
I AM LIKTERALLY GOING THROUGH THE EXACT SAME THING WITH THEM THIS VERY MOMENT .I SIGNED UP WITH THEIR PROMOTION FOR UP TO 5 BUSINESS LINES FOR 150 A MONTH AND EACH ADDITIONAL LINE AFTER THAT WOULD ONLY BE 29.99. BUT WHEN I GOT MY FIRST BILL IT WAS 284.43, THEN THE NEXT MONTH IT S 312.24 THE MONTH AFTER IT WAS 412.02 AND THIS MONTH THEY INCREASED IT TO 595.95 AND EVERY MONTH I HAVE CALLED THE SORRY XCUSE FOR CUSTOMER SERVICE LINE BECAUSE THEY WOULD TURN MY SERVICE OFF THE DAY THE BILL WAS DUE NOT THE NEXT DAY THE ACTUAL DAY IT WAS DUE EVERY MONTH. AND EVERY MONTH I WOULD ON ON HOLD WITH THEIR CUSTOMER SERVICE DEPT PARTMENT TRYING TO HAVE THE CHARGES CORRECTED BUT IT WOULD END THE SAME EVEYRTIME SOME ONE IS GIOING TO LOOKINTO THE CHARGES AND GET BACK TO ME BUT IN THE MEANTIME I WOULD HAVE TO PAY WHAT THEY WANT BECAUSE THEY ARE MY BUSINESS LINE AND IM LOSING MONEY EVERY MINUTE THEY ARE OFF. BUT NO ONE WOULD GET BACK TO ME AND WHEN I REACH OUT TO THEM IN HOPES THAT THEY WOULD NOT DO THE SAME THING AGAIN THE NEXT MONTH I WOULD REPEATEDLY GO OVER MY BILL WITH ONE OF THE SERVICE TECHS AND ALL I WAS BE TOLD IS THAT THE ADDITONAL CHARGES NED INCREASE WERE DUE TO MY PLAN BEING CHANGED AND I WOULD ASK WHY MY PLAN IS BEING CHANGED WITH OUT MY AUTHORIZING IT OR THEM EVEN TELLING ME AND NO WOULD GCIOULD GIVE ME A STRAIGHT ANSWER. I HAVE PROOF OF THEIOR FRAUD BECAUSE EVRY MONTH I WOULD RPINT OURT AND SAVE A COPY OF ALL MY BILLS FOR EACH MONTH GOING BACK TO WHEN I STARTED MY ACCOUNT AND WHAT THEY WOULD DO IS JUST ADJUST NUMBERS AND ADDIN ONE TIME COST TO ADDD UP AND EQUAL TO WHAT THE HAD ME PAY BUT HAD NO CLEAR EXPLINATION FOR THE ONE TIME CHARGES OR THE INCREASEIN RATE PLAN AND WHATS EVEN WORSE IS THEAT EVERY MONTH THOSE CHARGES WOULD BE COMPLAETLEY DIFFERENT THE NEXT MONTH ON THAT SAME BILL. LIKE I WOULD PRINT OUT SEPT THROUGH TO THE CURRENT MONTH AND EVERY TIME THE CHARGES ON SEPT AND OCTBERS AND DECEMBER EVERYTIME THEY WOULD BE IN DIFFERENT PLACES CALLED DIFFERENT THINGS BUT THEY WOULD ALWAYS SOME HOW COME OUT TO THE EXACCT AMOUTNT TO THE CENT. I MEAN THEY WERE JUST FULL ON ROBBING ME AND SHUTTING MY SERVICE OFF THE DAY THE BILL WOULD BE DO TO INSURE NO MATTER WHTA I WOULD PAY IT CUZ I WOULD BE LOSING TO MUCH MONEY IF THEY STAYED OFFUNTIL THE CHARGES WOULD BE CORRECTED…. AND THEATS WHAT THEY COUNT ON ..THEY STRAIGHT UP CROOKS. IM IM STUCK WITH THIS HASSSLE OR I SCREW MY CREDIT UP BECAUSE THE PHONE ARE ATTACHED THE PROMOTION AND BEING FINANCED AND IF I WANT TO CHANGE CARRIES OR RETURN THE PHONE SO I CAN BE DONE WITH THEM ITS GONA COST ME TOO MUCH I CANT AFFORD TO OPAY FULL PRICE FOR THE PHONES AND PAY TO MOVE TO ANOTHER CARRIER .. AND THE JUST KEEP ROBBING ME INCREASING MY BILL WITH NO EXPLANITTION AS TO WHY THE INCREASE OTHER THAN ITS BECAUSE OF THE PROMOTION IT CHANGED MY PLAN BUT I NEVER AUTHORIZED ANTY CHANGES NOR WAS I NOTIFIED ABOUT THE INCREASES OR ADDITIONAL COST THEY ARE ADDING IN EVERY MONTH. I GET NO HELP FROM THEY CUSTOMER SERVICE. EVERYTIME I HAVE TO CALL BECAUSE MY SERVICE IS INTERUPTED IM TOLD THE SAME THING SOMEONE WILL BE LOOKINGH INTO IT AND GETTING BACK TO ME BUT IN THE MEANTIME IM BEING FORCED TO PAY WHAT EVERY THEY WANT FROM ME OR I DONT HAVE A BUSINESS LINE ANY MORE AND IM JUST A SMALL BUSINESS OWNER I CANT AFFORD WHAT THEY ARE ODING TO ME AND I DONT KNOW WHAT I COULD DO. FORGET ABOUT BEING REMBURED FOR WHAT THEY HAVE ALREADY ROBBED ME FOR, DOES ANYBODY KNOW OF ANYTHING I CAN DO OR SOMEONE THAT CAN HELP STOP THEM FROM CONTINUEING TO DO THIS TOO ME BECAUSE I SERIOUSLY CANNOT AFFORD WHAT THERE DOING TO ME NOT ONLY IS IT RUNNING MY BUSINESS IT GOING TO MAKE ME HOMELESS AND LIVING ON THE STREETS IF THEY DONT STOP IT. PLEASE IF ANYBODY HAS ANYTHING THAT CAN POINT ME IN THR RIGHT DIRECTION THAT WOULD MAKE THEM STOP PLEASE POST A COMMENT BELOW AS OF RIGHT NOW THE SHUT MY SERVICE OFF AGAIN AND I JUST CANT AFFORD A NEARLY 900 PHONE BILL THIS MONH.. WITH THE COST OF GAS INSURANCE ON THEVEHICLES NOT TO MENTION IT BEING CHRISTMAS WHICH IOS JUST GOING TO BE ONE OF THE SADDEST ONE ME AND MY FAMILY HAD EVER HAD TO FACE I JUST NEED THEM TO STOP OR HELP GETTING OUT OF THEIR FINANCIAL TRAP THEY TRICKED ME INTO. PLEASE ANYONE ANY INFORMATION WOULD HELP. MORE THAN YOU KNOW. THANK YOU AND EVERYONE HAVE A BLESSED HOLIDAY AND A HAPPPY NEW YEAR.
Please yes I’m dealing with the same thing, switched from att because of promotion of tablet and watch and all this good stuff for 124 n change a month. Only I had to call and argue EVERY SINGLE MONTH A OUT MY BILL OF OVER 258NDOLLARS EACH MONTH. PROMISED ALL KINDS OF THINGS AND NOTHING HAPPENS. THIS IS A BUSINESS LINE SO WHEN IT GOES OFFLINE I LOSE HUNDREDS EVERY SINGLE HOUR. AS FAR AS IM CONCERNED THEY OWE ME MONEY FOR THE DOWN TIME EVERY MONTH.
Smh at Tmobile… They got me good too
T-mobile has been overcharging me for years!! They offer free promotions with the intention to continue charging once the promotion ends; even when you already cancel it. They charge you fees and services you don’t even know you have. T-Mobile tells you to call T-Mobile when you walk into the store with a problem. But they are very welcoming if you are there to buy. When I started questioning my bill, I noticed, I was been charged for familywhere for years and they basically said oops, we are canceling it now.. But refused to make a refund. This week, I noticed that for about 4 years! I have been charged for 3 LINES!! When I only have one. Again they offered to cancel them. No refund. Please add me on.
We went through over a year and a half of hell with T-Mobile with our business account. This is the worse phone company for honesty out there is my opinion. We will never use them again because of them trying to steal from us by charging us for items we did not buy and were given free as a promotion. Even had proof and it took them over a year and a half and still could not get it right. We quit them. I would be very interested in being in a suit against them.