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elmo01
Posts: 2186
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
 
Tue Nov 28, 2006 6:51 am |
Cell Phone Company Sued for Early Termination Fees
November 19, 2006. By Heidi Turner digg Del.icio.us
Boise, ID: T-Mobile USA, one of the largest cell phone companies in the United States, is facing a lawsuit over the company's early contract-termination fees.
The lawsuit, which was filed in Idaho on November 10, argues that the company's early termination fees violate consumer protection laws in 13 states. T-Mobile currently charges a $200 flat fee for early cancellation.
The $200 fee is always charged, regardless of whether a customer cancels at the beginning or near the end of a contract, and even if the contract is cancelled because of poor service.
Lawyers for the plaintiffs argue that consumer protection laws require T-Mobile to figure out the damage incurred by a broken contract on a case-by-case basis rather than charging one standard fee for everyone. For example, a person who cancels later in his contract should be charged a smaller fee than someone who cancels during the early stages of the contract. Furthermore, lawyers contend that the cancellation fee is illegal when contracts are cancelled due to unsatisfactory service.
The lawsuit also alleges that the termination fees are used to discourage subscribers from considering switching cell phone carriers.
Lawyers are seeking class-action status for the lawsuit, which would enable it to cover customers in 13 states, meaning that hundreds of thousands of people could be included in the lawsuit.
If the courts find the termination fee illegal, repercussions could potentially be felt by all the other cell phone companies that charge standard early termination fees.
The lawsuit, which currently covers over 100 people and is seeking damages of more than $5 million, was filed on behalf of an Idaho law firm that tried to cancel its T-Mobile service after discovering its attorneys could not get any service in parts of Idaho where they did business.
The thirteen states that could potentially be represented if the lawsuit is certified as a class action are Idaho, Washington, Arizona, California, Florida, Illinois, Massachusetts, Michigan, Missouri, New York, New Jersey, North Carolina, and Tennessee.
If you live in one of those states and have paid a cancellation fee to T-Mobile, you may be eligible to join the class action suit. Contact a lawyer to discuss your options.
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Shalalala
Posts: 661 |
Thu Nov 30, 2006 5:12 pm |
Bullshit.
Whiney customers and their crap.
Companies used to prorated the ETF depending on the remaining portion of their contract, and then they started charging a flat fee. This is bull.
i think it's perfectly legal for charging this since these companies give the phones to their customers for highly discounted prices and the money that is put in place to have their service enabled - this is as dumb as the lawsuit for phone locking - companies are just trying to protect their investments.
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bcagle3
Posts: 137
Phone Model:
Sam 629
Service Provider:
T- mobile |
Mon Dec 04, 2006 1:03 pm |
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If ETF's go away phone and service prices will go 2 to 3 times higher. I Promise
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Shalalala
Posts: 661 |
Mon Dec 04, 2006 3:49 pm |
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I see that happening too.
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tampadelphian
Posts: 407 |
Mon Dec 04, 2006 5:49 pm |
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If they outlaw ETFs then they'll have to outlaw DSL service with the free modem because of the one year contract and one year contracts on Satellite service etc. That won't hold up in court at all.
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moop
Posts: 3 |
Wed Dec 06, 2006 9:15 pm |
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t-mobile is not the only phone company that does that. cingular charges a $175 fee PER YEAR of the contract! my sister had a two year contract, i had one year left. i couldn't afford to pay for both bills, so it was disconnected. not only was i charged normal charges for the use of the phone, they charged me $175 for BOTH years of her contract and $175 for mine, which added up to $525 just in early termination fees. the total bill, which is on my credit it over $600.
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itsajoey
Posts: 380
Phone Model:
t-mobile dash
Service Provider:
t-mobile |
Thu Dec 07, 2006 4:39 pm |
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such bs they just want money we are a sue happy country hahaha i hope they lose this shouldnt sign a contract if they cant keep it
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bcagle3
Posts: 137
Phone Model:
Sam 629
Service Provider:
T- mobile |
Sat Dec 09, 2006 2:13 am |
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its funny that a law firm did not read the contract hahaha
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elmo01
Posts: 2186
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Sun Dec 10, 2006 8:53 am |
| bcagle3 wrote: | | its funny that a law firm did not read the contract hahaha |
lawyers are funny like that
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itsajoey
Posts: 380
Phone Model:
t-mobile dash
Service Provider:
t-mobile |
Thu Dec 14, 2006 11:33 pm |
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i still hope they lose their ass and company goes down any update on the story???
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