T-Mobile Sued For Forcing People To Accept (And Pay For) Text Messages

from the pls-dnt-mk-me-gt-txt-msgs dept

Fri, Feb 1st 2008 3:13pm — Mike Masnick

It's not too hard to remember the day when a lot of people couldn't receive text messages on their mobile phones. I still sometimes ask people to see if they use text messages. Apparently, if they're on T-Mobile, I shouldn't even bother. Even if you don't want to use text messaging, T-Mobile requires users to accept messages... and to pay for them. That's resulted in a class action lawsuit against the company for unfairly forcing people to pay for text messages they don't want. While it may not be a huge issue right now, if SMS spam picks up, it could become a very important issue.

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Filed Under: class action, text messages
Companies: t-mobile

45 Comments

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Hellsvilla, 1 Feb 2008 @ 3:21pm

ya, same here
I can't seem to opt out of sms on my crappy VZW account with this crappy VZW RAZR.

Every time someone sends me an SMS (I never actually "want" an sms) I get charged 25 cents. And there's nothing I can seem to do about it. That said, spam really ticks me off.
[ link to this | view in chronology ]
- Mike, 1 Feb 2008 @ 4:42pm
  
  Re: ya, same here
  Same thing here except with Nextel. Called 3 different times, each time they assured me the messages were turned off.
  A few days later I end up with some txt spam on my phone and being charged for each one.
  [ link to this | view in chronology ]
- ipzedge, 2 Feb 2008 @ 9:41pm
  
  Re: ya, same here
  I agree with you I get tired of all these incumbents
  always having it their way , and we users
  don't have very many options as long as a controlled last mile.
  [ link to this | view in chronology ]
- AJ, 3 Mar 2009 @ 6:43am
  
  Re: ya, same here
  I am a verizon customer and you CAn opt out of getting txt messages, go online to do so
  [ link to this | view in chronology ]
courtney benson, 1 Feb 2008 @ 3:38pm

Sales Management, Marketing, Sales
This goes right along with all the extra charges added to your bill every month that can't be explained, but that get collected. The carriers’ legal and marketing departments come up with a variety of ways to scam us. Don't expect relief unless you’re willing to let your state representatives know that you've had enough. Due keep in mind that the carriers have tons of lobbyist in Washington that pepper the purses of our politicians so that nothing gets done. Speak with your votes, comments and pocketbooks if you want change.
[ link to this | view in chronology ]
Paul Brinker, 1 Feb 2008 @ 3:39pm

Call Cust Service
Before doing anything as crazy as a law suit, call cust service and order them to take the charge off, dont charge me agin or you can end my contract.

Note: I used this aginst sprint when I was geting SMS spam, sprints solution was to not charge for the first 100 incoming messages. (I had to talk to one of there special retention people and dident have a contract at the time)

Keep in mind, if you are geting SMS spammed, you can take the company spamming you to your local small clames court. Its easy to show damages (your cell phone bill) who sent the message (follow the money). And a few Certifiyed letters to the company to prove you asked them to stop. If your not incline to doing all the leg work a lot of college students have the free time to do it for you.
[ link to this | view in chronology ]
- BTR1701, 1 Feb 2008 @ 10:58pm
  
  Re: Call Cust Service
  > If your not incline to doing all the leg work a lot of college
  > students have the free time to do it for you.
  
  Maybe you could get a few of those college students to teach you the difference between "your" and "you're" and "there" and "their" and, well, just basic grammar in general.
  
  I mean, "Certifiyed"? Seriously?
  
  Honestly, does no one know how to speak/write properly anymore?
  [ link to this | view in chronology ]
  - Anonymous Coward, 2 Feb 2008 @ 12:31am
    
    Re: Re: Call Cust Service
    I agree, standards have really dropped. And people are so incredibly rude today, too. Have you noticed?
    [ link to this | view in chronology ]
    - BTR1701, 2 Feb 2008 @ 12:43am
      
      Re: Re: Re: Call Cust Service
      > And people are so incredibly rude today, too. Have you noticed?
      
      Yep. And I've also noticed that lately an inordinate amount of people seem to mistakenly equate criticism with rudeness.
      [ link to this | view in chronology ]
      - Anonymous Coward, 2 Feb 2008 @ 12:43pm
        
        Re: Re: Re: Re: Call Cust Service
        Excuse my brusqueness, but "number" would be more appropriate than "amount" in this instance.
        
        Thank you. =P
        [ link to this | view in chronology ]
        
        BTR1701, 3 Feb 2008 @ 12:22pm
        
        Re: Re: Re: Re: Re: Call Cust Service
        > Excuse my brusqueness, but "number" would be more
        > appropriate than "amount" in this instance.
        
        Not necessarily. That's merely a question of style and personal aesthetic. "Amount" is not wrong. It's just not your preferred word.
        [ link to this | view in chronology ]
      - haygis, 31 Mar 2008 @ 12:40pm
        
        Re: Re: Re: Re: Call Cust Service
        asshole
        [ link to this | view in chronology ]
- moondookie, 2 Feb 2008 @ 12:44am
  
  Re: Call Cust Service
  small claims court? and how is that saving money? seems like it will cost more upfrontthan it is worth in the long run..
  [ link to this | view in chronology ]
- t, 3 Feb 2008 @ 11:10am
  
  Re: Call Cust Service
  You really need to learn how to spell!!
  [ link to this | view in chronology ]
Anonymous Coward, 1 Feb 2008 @ 3:41pm

At least until July 2007, Nextel would tell it's customers that you could not have Voice-Mail without Text-Messaging service turned on. And unless you purchase a Text-Messaging package for $4.95, you would be charged $0.10 for each text message.

So basically, if you never had any business using text messaging on their "Re-branded Motorola" phones which were hellish to text anyone, but you wanted Voice-Mail, you would constantly receive unwanted Text-Messages which you were forced to pay for.

They have several other fishy billing schemes... but then again, Motorola isn't doing so well these days, so they must get their money somehow.
[ link to this | view in chronology ]
Xanius, 1 Feb 2008 @ 3:46pm

I don't know about other companies
But sprint has options in their billing system to block text and data services completely.
I'm sure the other ones probably have it as well.
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luke, 1 Feb 2008 @ 4:25pm

t-mobile claims that its customers need SMS for "emergencies" when really they use it to send spam ads for t-mobile services
[ link to this | view in chronology ]
James Last, 1 Feb 2008 @ 4:42pm

Dropped
That's why I dropped them, they charged me per message. The other thing is charging for incoming calls. My number was previously owned by a Vietnamese import business in Los Angeles. I got a lot of incoming long distance calls from Vietnam, China and India. The bill ran into hundreds of dollars. I threatened to take them to court after which they dropped the charges.
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TW, 1 Feb 2008 @ 4:46pm

My experience with Sprint.
Someone signed me up for a $9.95/month text msg service where I would get one or two a day with updates on hollyood stars... something that is not even on the list of things I give a crap about. I didn't sign me up, Sprint couldn't tell me who signed me up and I was getting charged like all of you for the text messages. Their initial attitude is that I MUST have signed up for it. When I didn't get anywhere with their customer service I went to a sprint store and had to cause a huge scene in front of a store full of potential sprint buyers to get their attention. They initiated the call to a "sprint customer care" call center that regular sprint consumers don't have access to. It took less than five minutes for this service center to credit my account and block any and all text messaging to my phone... I don't use texting at all so no big deal for me. They still could not explain how a company I never heard of, from a website I never visited, was able to get $9.95/month on my bill. Sprint sucks just like every other cell company in the states. Try spending some time in Europe and Asia and you will understand just how bad cell service is in the USA.
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Marc, 1 Feb 2008 @ 4:55pm

Odd... I never get spamm on my phone. Maybe because I signe up for their unlimited sms txt messaging.
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- Eric the Grey, 1 Feb 2008 @ 6:28pm
  
  Re:
  Interesting. I don't get any either, and we also have an unlimited text plan. A coincidence?
  
  I don't text from my phone. If I ever get myself a smartphone with a full keypad, I might, but not with the razor I now have.
  
  EtG
  [ link to this | view in chronology ]
  - Celes, 1 Feb 2008 @ 9:53pm
    
    Re: Re:
    I don't know... I use VZW, but have never gotten any spam texts. (I now have unlimited texts, but up until a couple of months ago I did not have texting on my plan at all.)
    [ link to this | view in chronology ]
Mike Walsh, 1 Feb 2008 @ 5:16pm

T-mobile
Go get them I get spam tyoe text messaging , and can't see paying for it.
[ link to this | view in chronology ]
Mad at T-Mobile, 1 Feb 2008 @ 5:47pm

Where do I opt in to this lawsuit? I get spams every month on my T-Mobile account, have called to complain and all they can do is let me set up some filters but they don't work.
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Joe, 1 Feb 2008 @ 6:22pm

Finally
I am very happy about this. When I first got T-Mobile, I couldn't believe they charged me to receive text messages--that's ridiculous! It made it even worse that I couldn't simply disable it, so everytime someone decides they want to make my family pay more money, they simply need to send a few text messages. I suppose the ultimate exploitation of this would be to use unlimited text message or one of those online text senders and send about 10,000 text messages to the person: that's $1500. Would anyone ever do this? It's probably extremely rare, but I'm sure someone would. What would T-Mobile do to protect you? I'm glad they might finally end this.
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t-mobile user, 1 Feb 2008 @ 8:33pm

this is just a scam
same here I have the 1.95 $ / month plan to get 300 text messages (ancient plan) they do not have it anymore. signed up for it during a promotion, funny thing is. i do not get any kind of spam messages. yet my wife's phone, same tmobile account, no text messaging plan on that number. she gets a few a month. coincidence? i do not think so. these guys pick the people that do not have the text messaging plans and sell their phone numbers to sms spamming companies. it's a money making scheme... t-mobile gets paid from selling the number to a spam agency, then gets paid again from you when they charge you for those unwanted messages.

this should be investigated and sued if possible.
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Rose M. Welch, 1 Feb 2008 @ 10:06pm

Cingular did the same thing to me. My first (and last) telephone with them had a previous user that loved to receice text messages and did not let anyone know she had a new number. After the 20th or so text message, I called them to complain. I said that I could choose to reject an incoming call, but I didn't have that option with a text message. They agreed to remove the charges, but stated that their policy was that I was responsible for any and all charges from then on. I kept calling, and kept refusing to pay for them. It was shitty that I had to spend that much of my time calling about something that I never agreed to pay for. Assholes.
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Anonymous Coward, 2 Feb 2008 @ 1:20am

hmm?

i have a T-Mobile line that the family uses when we go to Europe.

i wonder if my prepaid card has a negative balance now.

looks like i need to get a new carrier.
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Ben Robinson, 2 Feb 2008 @ 1:26am

You shouldn't have to pay at all.
Rather than launching a calss action lawsuit against Tmobile for making it so that you can't block texts, the whole US population should launch calss action suits against all the carriers for maiking you pay to receive text messages. This seems to be a purely US thing, you certainly don't pay to receive texts in any european country and although i might be wrong i have never heard of paying to receive sms anwhere other than the US. The carriers are clearly double dipping, they charge the sender and the receiver of the message. THe only reason they get away with this is because in the US you are used to paying to receive calls on your cell phones so they get away with charging you to receive sms. The opnly reason that you have to pay to receive cell phone calls in the US is because some moron decided it was a good idea to give cell phones exactly the same type of numbers as land lines so callers can't easily tell if their call is going to a cell phone or a land line and so the phone companies can't charge more for calls to cell phones. None of this applies to texts, so by charging you to receive a text message they are simply chring the recipient for something that the sender has already paid.
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- Spam, 2 Feb 2008 @ 1:50pm
  
  Re: You shouldn't have to pay at all.
  That's how it USED to be. AT&T Wireless used to let you get incoming text messages for free.
  [ link to this | view in chronology ]
Paul`, 2 Feb 2008 @ 2:05am

They charge to recive?
In Australia i have never heard of paying to recive a sms message. Very odd.
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Matt, 2 Feb 2008 @ 7:13am

No spam or charge on VZW
I have used verizon for years. I don't currently have a text plan though a few years ago I did have the 300/month plan. I receive 1 message from verizon about every 3 months. And it's free.

Also, I'm extremely careful about giving my number out. Only when it is required and only when there isn't someplace else that I can go where it is not required.
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ipzedge, 2 Feb 2008 @ 9:39pm

Text messaging seems cumbersome
and yet I know there are allot of people that prefer
using it. I read that text messaging and generated 52 billion
dollars in revenue in 2007 it's incredible.
[ link to this | view in chronology ]
John, 3 Feb 2008 @ 8:15am

t-mobile text messages
I'm not getting spammed and I wouldn't mind paying a few cents for messages from a few friends but what really bothers me is the $1.47 "tax" on each and every one!
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Ken Hanscom, 3 Feb 2008 @ 2:25pm

Glad to see....
Someone is finally doing this -- if only we were charged for receiving emails, perhaps we could stop all the viagra emails.
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Twinrova, 4 Feb 2008 @ 4:00am

Verizon makes it difficult to get a refund on thes
Interesting story, but this isn't just limited to T-Mobile.

Include Verizon in this as well. A few months ago, our family plan started receiving messages from spammers. I called Verizon and spoke to customer service, who stated to me that having DROPPED the unlimited plan that we would be charged for all incoming text messages.

I retorted and stated that was fine, if only the text messages weren't ads produced by Verizon. Of course, this got her attention as she denied the allegations that Verizon sends spam ads.

I asked for a refund of the messages that weren't originally from numbers we normally text and was refused. Big mistake on their part.

After making another phone call, I got the refund AND SMS feature turned off completely.

T-Mobile deserves this lawsuit. Strictly because they WON'T turn off the service to customers.
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Matt, 4 Feb 2008 @ 9:57am

Stop hating on T-Mobile they are the best
True, T-Mobile DOES send me a text message... when I have forgotten to pay my bill. I actually like this and it makes things easier. They have never spammed me, and I have never received a spam message from anyone else.

This class action suit is horrendously stupid. So they sue T-Mobile over 10cent text messages, some attorneys will get a couple cool million each, I may get a dollar or two from the settlement, and then T-Mobile will have to increase their prices to pay for said attorneys' new BMWs.

Disgusting!!!!!!!!!!!!!
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- CCH, 11 Feb 2008 @ 9:59pm
  
  Re: Stop hating on T-Mobile they are the best
  No this isn't stupid. I just got $15 worth of text messages sent TO my daughters phone. What's to stop here from receiving $1000 next month? There is no control over this. If someone with unlimited text messaging wants to cause problems it is simple. Not to mention the email address associated with text messaging. This is a HUGE problem and T-Mobile better do something soon.
  [ link to this | view in chronology ]
- galets, 27 Dec 2008 @ 10:52pm
  
  Re: Stop hating on T-Mobile they are the best
  First, it's not 10, but 20c. Second, go pay for it yourself, I'm not printing money, I'm not a federal reserve. When I sign for a phone service, I want phone service. If they want to send me any stupid messages - fine, but I'm not paying for those, neither I'm going to call any customer service, unless they compensate for the time spent.
  
  I agree, class action lawsuits is the incredibly expensive and counterproductive, but what t-mobile does is outrageous, and sometimes you do what you have to do to make an sob to stop
  [ link to this | view in chronology ]
- Anonymous Coward, 1 Jun 2009 @ 12:50pm
  
  Re: Stop hating on T-Mobile they are the best
  Matt, you're a tool. Do a little research. A class action is a lawsuit brought on to stop an illegal practice - it is not suing a party to make a boatload of money. If that's your intention, opt out of the class and file your own lawsuit.
  
  Second, attorneys for a class action have to FRONT THE MONEY for the lawsuit. Have you ever heard of somebody paying to be a member of a class action? Who do you think pays for the filings and motions, etc., for every member across the country???
  
  Asswipe.
  [ link to this | view in chronology ]
another mike, 4 Feb 2008 @ 3:29pm

TCPA still in effect?
Is the Telephone Consumer Protection Act (from 1991) still in effect? Among other things, this law makes it illegal to telemarket cell phones, send recorded messages to cell phones, and to send text messages to pay-to-receive accounts like cell phones.
I got text spam on my Sprint phone, at 50 cents a pop! When I called them up, their help(less)desk Indian's script said I could go online to block texting on my account. I would've assumed that I could do that over the phone with the phone company. Guess not.
One of the spams came from a bar in the next town, some party they were having. I drove over there, showed the owner the spam on my phone, and demanded he stop spamming me or I'd sue him. He called the ad agency and ripped them three new ones for involving him in spamvertisement, void contract, full refund, wasn't paying them, the works. He invited me to stay for a free beer, and while I was enjoying that, the ad agency rep showed up. All the customers could hear the owner ripping this guy another one from the office. I left very happy.
The moral of this story is: being spammed by a local company's ad agency is very entertaining, satisfying, and may involve free beer ;)
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Jewel, 7 Feb 2008 @ 4:16pm

T-mobile charging more for text that what is on th
This is for those that are tired of getting stuck with charges that don't belong to them. I noticed my T-Mobile bill going up in price each month, so today, being tired of paying more than what I signed on for, I started to do some research on our bills. Apparently T-Mobile raised the price of our text messaging WITHOUT informing us. We have kept every single piece of paper T-Mobile has sent to us over the last two years...we use one of the phones for business so we had to keep any and all documentation for expense reports and taxes. We never received any "insert". On top of this, for the last year of our service, we have had dropped calls, static on the lines, no service, etc. We have called many times to get the technical problems resolved-even went as far as purchasing new phones (at full cost) for both lines and replacing sim cards-and still-the service is below par. As far as the texting goes-I did my research and then looked at our plan online...I signed in, clicked on "Plans", went to the bottom of the window and clicked on "See Other Included Services", went to the bottom of the next screen and clicked on "More Information About Services", On the next page...First paragraph under the heading "ALL PLANS" If you read the first couple of lines-you will see that T-Mobile themselves say that text messages are only supposed to be 5 cents a text. This is for ALL PLANS-Not just for mine. Yet they are charging everyone more! As far as I am concerned-this is deplorable-and earns them MILLIONS of dollars a month!!!!! A month-not a year or more. Think on it-every one of their customers is paying more than what they say they actually are charging. I called T-mobile and explained that we were very unhappy with the service and now we find out that our Text cost went up. I spoke to a lady and explained what I found on their website and started to ask why they were charging me more than they themselves state the charge is supposed to be. And here I have been paying more for TWO YEARS!!! She said this was a tax, I said no it isn't-read the paragraph. She put me on hold for a few minutes. When she came back, I asked what would they do for me since I have been paying more than required for 2 years. She didn’t know-so I asked for a supervisor. It took a few minutes-but I got one. . She came back and actually thanked me for finding the "typo". She couldn’t believe that no one had found it before. She even confirmed the “typo” with her supervisor and then their business department. When I did get the supervisor, she was very defensive. I wasn’t-I was actually pretty nice. I explain everything again, and I ask her-what was T-Mobile going to do for me since I have been paying over their own rates for the last two years. She states that she has documentation that we received the insert explaining about the Text rate change. She stated that I HAD to have received the insert. I told her I was more than willing to send her every paper I had for the last two years, it isn’t here. Unless I signed it and gave it back (which if I had received it and they had asked me to at the time-I probably would have), she cannot say I received it. I am not a dishonest person-I would take a lie detector test to prove we never received it. She refused to give any-she only offered me a rate of .10 cents for our texts for the last month, but as of right now-I am officially notified that my rate of texts from here on out would be 15 cents per text. I couldn’t believe she said that-I repeated ”So you are saying, as of right now-you are officially notifying me?” She said yes. If that is the case-I should be able to cancel my contract because I am just now officially informed of my text rate change, and since we are still having service problems after trying everything they suggested, we no longer want to keep the service. We especially don’t feel that we should have to pay even more for services that we are not happy with. She said no-and I said-but you stated yourself that people had 30 days from the time of discovery to cancel their contracts without an ETF if they did not approve of the rate change, and you just “OFFICIALLY” let me know of my rate change. She started to get a little more rude now and told me she could not waive the ETF. I explained that this didn’t make sense, from what she herself said in the beginning of the conversation. We keep going round in circles repeating the same points of view. I asked to speak to her supervisor. She told me they weren’t there but she would have them call me. I have “print screened” the page with the 5 cent text rate-with the date of 2-6-2008, so they can’t say it didn’t exist. If 5 cents per text was on their site and I saw it-they should honor it, and have it retro-active for the last 2 years. I just feel that they are cheating everyone, and they aren’t even letting anyone know about it. We shall see what happens.
[ link to this | view in chronology ]
Jewel, 7 Feb 2008 @ 4:16pm

T-mobile charging more for text that what is on th
This is for those that are tired of getting stuck with charges that don't belong to them. I noticed my T-Mobile bill going up in price each month, so today, being tired of paying more than what I signed on for, I started to do some research on our bills. Apparently T-Mobile raised the price of our text messaging WITHOUT informing us. We have kept every single piece of paper T-Mobile has sent to us over the last two years...we use one of the phones for business so we had to keep any and all documentation for expense reports and taxes. We never received any "insert". On top of this, for the last year of our service, we have had dropped calls, static on the lines, no service, etc. We have called many times to get the technical problems resolved-even went as far as purchasing new phones (at full cost) for both lines and replacing sim cards-and still-the service is below par. As far as the texting goes-I did my research and then looked at our plan online...I signed in, clicked on "Plans", went to the bottom of the window and clicked on "See Other Included Services", went to the bottom of the next screen and clicked on "More Information About Services", On the next page...First paragraph under the heading "ALL PLANS" If you read the first couple of lines-you will see that T-Mobile themselves say that text messages are only supposed to be 5 cents a text. This is for ALL PLANS-Not just for mine. Yet they are charging everyone more! As far as I am concerned-this is deplorable-and earns them MILLIONS of dollars a month!!!!! A month-not a year or more. Think on it-every one of their customers is paying more than what they say they actually are charging. I called T-mobile and explained that we were very unhappy with the service and now we find out that our Text cost went up. I spoke to a lady and explained what I found on their website and started to ask why they were charging me more than they themselves state the charge is supposed to be. And here I have been paying more for TWO YEARS!!! She said this was a tax, I said no it isn't-read the paragraph. She put me on hold for a few minutes. When she came back, I asked what would they do for me since I have been paying more than required for 2 years. She didn’t know-so I asked for a supervisor. It took a few minutes-but I got one. . She came back and actually thanked me for finding the "typo". She couldn’t believe that no one had found it before. She even confirmed the “typo” with her supervisor and then their business department. When I did get the supervisor, she was very defensive. I wasn’t-I was actually pretty nice. I explain everything again, and I ask her-what was T-Mobile going to do for me since I have been paying over their own rates for the last two years. She states that she has documentation that we received the insert explaining about the Text rate change. She stated that I HAD to have received the insert. I told her I was more than willing to send her every paper I had for the last two years, it isn’t here. Unless I signed it and gave it back (which if I had received it and they had asked me to at the time-I probably would have), she cannot say I received it. I am not a dishonest person-I would take a lie detector test to prove we never received it. She refused to give any-she only offered me a rate of .10 cents for our texts for the last month, but as of right now-I am officially notified that my rate of texts from here on out would be 15 cents per text. I couldn’t believe she said that-I repeated ”So you are saying, as of right now-you are officially notifying me?” She said yes. If that is the case-I should be able to cancel my contract because I am just now officially informed of my text rate change, and since we are still having service problems after trying everything they suggested, we no longer want to keep the service. We especially don’t feel that we should have to pay even more for services that we are not happy with. She said no-and I said-but you stated yourself that people had 30 days from the time of discovery to cancel their contracts without an ETF if they did not approve of the rate change, and you just “OFFICIALLY” let me know of my rate change. She started to get a little more rude now and told me she could not waive the ETF. I explained that this didn’t make sense, from what she herself said in the beginning of the conversation. We keep going round in circles repeating the same points of view. I asked to speak to her supervisor. She told me they weren’t there but she would have them call me. I have “print screened” the page with the 5 cent text rate-with the date of 2-6-2008, so they can’t say it didn’t exist. If 5 cents per text was on their site and I saw it-they should honor it, and have it retro-active for the last 2 years. I just feel that they are cheating everyone, and they aren’t even letting anyone know about it. We shall see what happens.
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ngo khong, 12 Jun 2009 @ 11:57am

force to pay incoming textmessage
until i write them a snail letter showing my contempt,
next they show me how to opt out of of messaging, it is free

try customer service with all options displayed then pick the one you want
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Lucille, 22 Mar 2010 @ 4:13pm

T.Mobile
I have a bill with T-Mobile and some of the calls were text messaging from here in Taholah where we do not have a tower here. There are calls that I did not make and T-Mobile is charging for them. They say that the bills are consistant with the rest of my bills which is not true. If I can get in on the lawsuit I would gladly do so.
quiltluci@hotmail.com
sincerely,

Lucille A. Quilt
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