A class action lawsuit filed in California claims T-Mobile tricks consumers into purchasing “Unlimited Web & Email” plans, but then cuts off their data use once they’re locked into a contract.
The plaintiff who filed the class action lawsuit against T-Mobile claims he was misled by a T-Mobile sales rep into believing that the service plan he was signing up for was truly unlimited. He alleges he was never told that his data usage would be capped at 5GB or 10GB until he received a text message from T-Mobile informing him that he had exceeded his data usage for the current billing cycle, resulting in a reduced data speed for the remainder of the cycle. The lawsuit claims the throttle placed on his phone rendered it “essentially useless for anything other than making or receiving phone calls and text messages.”
The T-Mobile class action lawsuit says consumers are “likely to be misled by T-Mobile’s promise of ‘unlimited’ data” because sales reps don’t warn consumers and nowhere on T-Mobile’s merchandising is there an asterisk next to “unlimited” that explains it actually is limited. The lawsuit claims the only warning given to consumers is buried in the hard-to-read fine print on the last page of the T-Mobile brochure that says: “Your data session may be slowed, suspended, terminated, or restricted if you use your service in a way that interferes with or impacts our network or ability to provide quality service to other users.”
A similar lawsuit over undisclosed data limits was brought against Verizon in 2007 by New York Attorney General Andrew Cuomo. That lawsuit resulted in a $1 million settlement for consumers whose accounts had been terminated after they went over the “invisible” data limits.
The T-Mobile class action lawsuit is seeking an injunction barring T-Mobile from advertising its plans as “unlimited,” as well as restitution for the money class members spent on smartphones and their data plans. A copy of the lawsuit can be found here.
Updated August 19th, 2010
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9 thoughts onT-Mobile Data Throttling Lawsuit Filed
Ive been with TMobile for almost 20 yrs and every since 5g – they have screwed their customers out of good service/phones and ripped them off.
I am in need of a lawyer that handles lawsuits for throttling, giving free “crap phones ” for promotions, and for extremely bad service to the point I haven’t been able to have good service ( all 4 of my lines ) calls drop all the time and we can only get spotty WiFi / 5g ( constantly switching ) barely use data at all and always get charged.
Nothing like paying a company for no service
I’m in the same boat
Add me. I have t Mobile.
I just called them after being throttled for over a year … they said they would give me a credit and then hung up.
They’re still doing it I’ve been with them almost 2 years and I’m being throttled so bad to the point right now that I’m actually pushed at 2G.
I work off my phone everyday, I was told that I’m in the 1% of people that go over 50 GB of data. And that in my area is a bad cell reception so between their inadequate amount of towers and their quote” throttling which they don’t call it that anymore for a cell phone now they say threshold. I was told it was my fault basically in a nutshell.
I told them that it’s unfair and unrealistic that I pay you $200 every month and I only get half of what I bought go get four tires and only receive two on the way out the door see how you feel.
Customer service is rude it’s inadequate all they do is tell you lies and now that they have teamed up with Sprint services even worse now Sprint powers are trying to break into T-Mobile phones.
I’ve done a lot of silly stuff in my life but nothing will compare going to T-Mobile they are absolutely atrocious!
I want to be included in this lawsuit as well. I was not told about the throttling back when I purschased 2 of the Mytouch 4g phones with internet service plus the “unlimited” wireless service for my laptop. I just received the message yesterday informing me they were going to reduce my data speed and according to the information usage from my Tmobile account I have only used 3.6 GB! What the H@ll is this? You can’t even find a contact point on the T-mobile website. I use my computer every day and if I am paying for unlimited usage then that is what I expect. When the speed of the data is delayed than the amount of data is limited and therefore it is not an unlimited plan! I hope there are enough people out there that will complain loud enough to pressure T-mobile into removing the data speed throttling back or else let us out of our contract so we can choose someone else.
T-Mobile Data Throttling Lawsuit Filed
When I upgraded to a smart phone I did not get a brochure and did not make the purchase on-line. I called and spoke to live customer service rep who did not make mention of a data cap on an “unlimited” data plan or that my speed would be slowed. She stated “hot-spot use is a function of your phone and not a chargeable service by T-mobile.” Now their investigator Cheryl Jackson wants to recite some terms and conditions found on the T-mobile website. These T&Cs should have been stated by the service rep on the phone before I agreed to another two year contract. I have filed a complaint with the BBB and I urge everyone to do the same. Don’t waste more time with t-mobile reps. Ms. Cheryl Jackson is an investigator at the excecutive level and works from the president’s office at t mobile. She may be reached at 1-877-290-6323 ext. 3418063. She will not resolve any issues but if their customers flood her line with complaints perhaps they will start taking this issue seriously.
T-Mobile Data Throttling Lawsuit Filed
let me know as well , its one thing to slow 4g to 3g-,,but to slow us down to unusable speeds is satanic and just plain apathetic disreguard for their 2year contact slaves . Not to mention the clear decption from the Tmobile sales agents. You also now pay an extra14 .oo to teather
WTF. 14 extra with no data limit added , just the privelage to do it.
I would be happy to sue these nazis just in principal for the american consumer
T-Mobile Data Throttling Lawsuit Filed
How can I be included in this lawsuit? I have been filing complaints with every agency I know because of this throttling, I have been permanently placed in a hold que whenever I call their number. I remain on hold for more than an hour at a time until I call their customer service “private”. Thus in know way should be allowed and I am paying got unlimited service!