AT&T class action claims T-Mobile falsely advertises that AT&T bans senior discount

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AT&T senior discount class action lawsuit overview: 

• Who: AT&T is suing T-Mobile for false advertising.
• Why: AT&T says T-Mobile ran an advertising claim that said AT&T bans senior discounts, when it says it does not.
• Where: The lawsuit was filed in a Texas federal court.

T-Mobile ran an advertising campaign in which it lied to consumers, telling them its rival AT&T did not offer discounts to seniors, a new lawsuit alleges.

In a lawsuit filed by AT&T against T-Mobile USA Sept. 6 in a Texas federal court, AT&T accuses T-Mobile of false advertising under the Lanham Act.

According to the lawsuit, T-Mobile recently ran a new advertising campaign that was intentionally designed to deceive senior citizens. 

In it, T-Mobile claims that AT&T “bans senior discounts,” the lawsuit states. T-Mobile allegedly states that Verizon Wireless and AT&T don’t give discounts to seniors outside of Florida. It says that means that 92% of seniors in the country “can’t get a wireless discount from Verizon or AT&T,” the lawsuit states.

“Each one of these claims is literally false,” AT&T says. 

“AT&T does not ‘ban’ senior discounts in any way, shape or form. To the contrary, AT&T offers discounts to senior citizens on their wireless service. For example, through AARP, AT&T offers millions of seniors across every state discounts on monthly service charges and activation fees.”

T-Mobile’s campaign hurts AT&T and consumers, lawsuit states

T-Mobile unveiled the campaign in August with a website: BannedSeniors.com. 

On that website, T-Mobile says the only ways for customers aged 55 or older to get a discounted wireless plan are to move to Florida, obtain a Florida address or switch to T-Mobile, AT&T says.

“Notwithstanding T-Mobile’s false statements otherwise, AT&T offers discounts to senior citizens in all states,” AT&T says. “They do not have to live in Florida. They do not have to move to Florida. And they do not have to switch to T-Mobile in order to obtain discounts.”

The “false and misleading” ad campaign has caused harm to AT&T and consumers, the complaint states. 

While competition is healthy for consumers, lying is not, the lawsuit states. The intent of T-Mobile’s campaign was to lie to consumers to get them to choose its services over AT&T, it says. AT&T is seeking damages and an injunction. 

The news comes as an AT&T customer last month objected to a proposed $14 million class action settlement agreed to by the company to resolve claims it charged its customers an improper fee. 

Also last month, the Federal Communications Commission asked the top U.S. mobile carriers to share details about their geolocation data privacy practices as it takes steps to ensure that customers’ sensitive data is protected.

What do you think of the allegations against T-Mobile in this class action lawsuit? Let us know your thoughts in the comments! 

AT&T is represented by Pete Marketos and Tyler J. Bexley of Reese Marketos LLP.

The AT&T senior discount lawsuit is AT&T Mobility LLC v. T-Mobile USA Inc., Case No. 4:22-cv-00760, in the U.S. District Court for the Eastern District of Texas.

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