T-Mobile Class Action Says Customers Sent Unwanted Texts

A T-Mobile customer says he was peppered with unwanted text messages and the mobile carrier continued to send them despite being told to stop.

Lead plaintiff William Persichetti alleges in his class action lawsuit that T-Mobile fails to maintain an adequate do-not-call list within its systems that allows consumers to opt out of unwanted text messages.

Persichetti claims that he was on both T-Mobile’s internal do-not-call list and the national Do Not Call Registry, but after he signed up for cell phone service with T-Mobile, he received a barrage of spam text messages for months.

According to the T-Mobile class action, failure to abide by a do-not-call list is a violation of the Telephone Consumer Protection Act of 1991. The Act, also known as the TCPA, requires companies and other organizations to develop and maintain internal do-not-call lists of consumers who have requested to not receive advertising calls and text messages.

In addition, the TCPA established the national Do Not Call Registry that allows consumers to add their phone number to a list of consumers nationwide who cannot be contacted by telemarketers.

According to the T-Mobile class action lawsuit, the cellular carrier repeatedly sent messages to Persichetti and others who had listed their phone number of both T-Mobiles do-not-call list and the National Do-Not-Call Registry.

“T­-Mobile’s internal do­-not­-call policy is insufficient, does not comply with minimum standards and its business practices are such that it willfully sends telemarketing text messages to persons and telephone numbers that are — or should be — on its do-­not-­call list,” contends the T-Mobile class action.

Persichetti says that he and other consumers could not escape the incessant spam text messages from T-Mobile. In addition to advertising for T-Mobile, the plaintiff claims that he was sent messages from advertising partners, like Samsung, Netflix, and Chuck E Cheese.

The plaintiff alleges that he resorted to calling T-Mobile’s customer service line to complain about the texts, as well as sent an email to the company’s CEO. He says that he was told that T-Mobile has no way to stop the messages, that they were common upon activating a new service, and that they stop with time.

“Each text message call T-Mobile sent to Plaintiff’s cellular phone, including those after he asked T-Mobile to stop sending messages, was sent knowingly or willfully,” alleges the T-Mobile class action.

Additionally, the T-Mobile class action lawsuit claims that this is not the first time the cell carrier has been hit with legal action over unwanted advertising messages.

The T-Mobile class action lawsuit seeks to represent a nationwide Class of consumers who received two or more unwanted advertising text messages from the cell service carrier within one year.

Persichetti and the proposed Class are represented by Justin T. Holcombe, Kris Skaar, James M. Feagle and Cliff R. Dorsen of Skaar & Feagle LLP, and Daniel C. Girard and Simon S. Grille of Girard Sharp LLP.

The T-Mobile Advertising Text Messages Class Action Lawsuit is William Persichetti v. T-­Mobile USA Inc., Case No. 1:19­-cv-­02424, in the U.S. District Court for the Northern District of Georgia.

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Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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