T-Mobile Class Action Alleges Company Performs Unauthorized Credit Checks

T-Mobile USA Inc. fails to follow federal and state credit reporting laws by conducting hard credit checks on potential customers without their express consent, a class action lawsuit alleges.

“The hard credit checks result in significant harm, including, but not limited to, decreased credit scores for consumers,” the T-Mobile class action lawsuit asserts.

Plaintiff Dean Boone says he visited a New Jersey T-Mobile store in April 2016 to inquire about the available plans and rates for cell phone service.

According to the T-Mobile class action lawsuit, he spoke with a store representative who subsequently conducted a credit check on Boone without his knowledge, consent or authorization.

He claims he did not purchase any telephone services from T-Mobile and did not sign any agreement or provide authorization to conduct a hard credit check.

T-Mobile reportedly conducts hard credit checks of potential customers in order to determine their plan eligibility for post-paid or prepaid services. “However, T-Mobile routinely fails to obtain express consent from consumers prior to engaging in the credit checks,” the T-Mobile class action lawsuit asserts.

Boone claims T-Mobile willfully and knowingly violates the Fair Credit Reporting Act (FCRA) and the New Jersey FCRA by conducting credit checks without first obtaining authorization or consent from the consumer.

Hard credit checks can result in significant harm to consumers, including decreased credit scores, the FCRA class action lawsuit alleges.

Boone says he has been damaged in several ways by T-Mobile’s unauthorized credit checks. According to the FCRA class action lawsuit, he has experienced a decreased credit score; denial of credit, loans, financing or less favorable financing; violation of the rights protected by FCRA; as well as emotional distress and mental anguish associated with having incorrect personal information transmitted about him.

Boone points to numerous complaints he found online against T-Mobile from consumers who claim they discovered unauthorized hard inquiries from T-Mobile on their credit reports. He says these online complaints, many of which a T-Mobile representative has responded to, show that T-Mobile is aware of the issue but has not taken action to come into compliance with the FCRA.

By filing the FCRA class action lawsuit, Boone seeks to represent a Class of consumers in the United States who had a hard credit inquiry performed by T-Mobile even though they had not previously authorized T-Mobile to conduct a hard inquiry. He also seeks to represent a New Jersey subclass.

According to the T-Mobile class action lawsuit, Class Members are entitled to statutory damages ranging from $100 to $1,000 for each FCRA violation, plus punitive damages for the violations.

In addition to statutory and punitive damages, Boone is seeking injunctive relief, reasonable attorneys’ fees and costs, and any other relief deemed appropriate by the court.

Boone is represented by Richard Kim, Kevin Kotch, and Drucilla Tigner of The Kim Law Firm and Joseph M. Profy and Jeffrey J. Ciarlanto of Profy Promisloff & Ciarlanto PC.

The T-Mobile Credit Check Class Action Lawsuit is Dean Boone v. T-Mobile USA Inc., Case No. 2:17-cv-00378-KM-MAH, in the U.S. District Court for the District of New Jersey.