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T-Mobile USA Sued Over Texting

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A class action suit has been filed against T-Mobile USA claiming that consumers were being charged for text messages that they did not want. RCRnews reports that the suit, filed in the U.S. District Court in Seattle, has alleged that the SMS policy of the Bellvue-Washington based carrier violates federal telecom law and Washington state’s consumer protection law.

The plaintiffs stated, “T-Mobile refuses to disable the texting messaging feature on its customers’ accounts, even when the customer has no interest in sending, or, more importantly, receiving text messages. Moreover, T-Mobile requires each of its customers who have not subscribed to one of T-Mobile’s Messaging Value Bundles to pay for each and every unsolicited text message they receive. In sum, T-Mobile, the party with the superior bargaining power, has carried out a wrongful business scheme regarding text messaging to deliberately cheat a large number of consumers out of individually small sums of money.”

The suit did not specify the amount of money in damages it was seeking and T-Mobile declined to comment on the litigation. As RCR notes, the practice isn’t “unusual,” though Sprint (NYSE: S) and Verizon (NYSE: VZ) do allow consumers to turn texting off if they do not want it, while T-Mobile does not.

Feb 1, 2008 7:23 AM ET

Posted In: Legal, Companies, Sprint, T-Mobile, Verizon

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