TMOBILE SUCKS!!!!

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TMOBILE SUCKS!!!! - 17 Jul 2006 20:58 GMT

Hello,
I called Tmobile today to ask a question on my bill. I was informed
that I had 2000 minutes and not 1600 like I thought. I was happy about
this until I learned that I had 2000 minutes and a 1 year contract. I
had called in back in March 2006 and added a messaging plan and asked
about their 2000 minute plan but declined because I did not want a new
contract. I was surprised to learn that I in fact had 2000 minutes and
the CSR had placed me on a new 1 year contract. When I told the CSR
that I had no knowledge that I even had 2000 minuntes let alone a new
contract I was toldf by this $10/hr legal eagle that it was a "verbal
binding contract". Now I have taken business law classes and I know
that a verbal contract is binding in Florida and that for a verbal
contract to exist both parties have to come to an agreement. I told
the CSR how could I come to an agreement when I did not even know
about it. Then they basically called me a liar and told me that I had
agreed because it was in the "NOTES" The notes the notes they started
to swalk like some evil bird in an Alfred Hitchcock movie. The NOTES
the NOTES it's in the NOTES. I told them I did not care it the notes
said I was the Pope, I did not agree to it and therefore there was no
verbal "legally" binding contract. I love how ever $10/hr CSR rep
there is a Havard Law graduate and can tell me all about a
conversation that they have not heard. I asked to hear a recording of
the conversation since they were so sure I had agreed to a one year
contract. I have been a loyal customer of Tmobile for 5 years and it
saddens me that Tmobile has lower themselves to cheap cramming of
contracts and when customers discover they have been defrauded the
CSRs refuse to make it right. Bottom line they told me I could fax a
letter to customer relations. I told them I would be complaining to
the government agency who regulates this type of interstate fraud. I
am surprised to learn that the FCC does not. I live in FLorida and am
not sure if the state would be interested or not? Any suggestions?/ I
am sure I am not the first person that this is happened to

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BruceR - 17 Jul 2006 21:15 GMT

Before you get all worked up into a tizzy, are you actually planning on
leaving TMo before the end of the next 7 months? If not, there are more
important things to worry about. In the future, always get the name of
whomever you talk to and ask them to summarize the contents of the call
at the end to be sure they have not signed you up for something you
don't want. Then, call right back and ask about any changes to your
account. The last time I agreed to a contract extention the TMo rep was
very carefull to go over everything and make sure I understood it. The
other thing that's surprising here is that it's taken you 5 months to
realize you have the 2000 minute plan. Have you not looked at your bill
in 5 months?
I think that if you called in after receiving the first new bill and
said there was an error you'd have a lot more credibility than waiting 5
months. I'm not by any means suggesting that you're lying about this but
just that your lack of attention to detail will make it hard to fight
this battle which, unless you're planning on leaving TMo soon, isn't
worth the fight.
That said, if you take it to court or arbitration and subpeona the rep
who spoke to you in March and their tapes and notes, you'll probably win
when they fail to produce them. You will however, have spent far more
than the $200 ETF to prove your point (figure 10 to 15 thousand dollars
minimum for legal fees and costs).
Sometimes life is less then perfect. This is one of those moments. Have
a Mojito and move on.

> Hello,
> I called Tmobile today to ask a question on my bill. I was informed
[quoted text clipped - 28 lines]
> not sure if the state would be interested or not? Any suggestions?/ I
> am sure I am not the first person that this is happened to

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Thomas T. Veldhouse - 18 Jul 2006 13:42 GMT

> That said, if you take it to court or arbitration and subpeona the rep
> who spoke to you in March and their tapes and notes, you'll probably win
> when they fail to produce them. You will however, have spent far more
> than the $200 ETF to prove your point (figure 10 to 15 thousand dollars
> minimum for legal fees and costs).

Naw ... he can file a small claims suite for $15 to $20 most likely. They do
business in that state and have to appear in person or judgement will be
passed in their absence.

> Sometimes life is less then perfect. This is one of those moments. Have
> a Mojito and move on.

I find the 5 month period it took for the OP to notice the issue as a sign
that he has no case, but if there is other evidence [or perhaps lack of
evidence] then he can win his case in a small claims court for minimal dollars
and a little invested time. Still, I don't think it is worth it either; if he
didn't notice the difference for five months, what is the big deal to pass
another seven months in a similarly feigned ignorance.

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Thomas T. Veldhouse
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BruceR - 18 Jul 2006 20:33 GMT

Yeah, he could probably go the small claims route too - however, in
either case - even if he wins - he'll get nothing since he's has no
damages. The contract only costs him the $200 if he leaves early, which
he hasn't. The only thing he could "win" would be the right to cancel
and not pay the ETF. Even if he goes small claims (I thought the
contract specified arbitration though) he'll have to pay court fees and
fees for the subpeona service plus his time. No way he can come out
ahead - nor should he after 5 months of keeping his head in the sand.

>> That said, if you take it to court or arbitration and subpeona the
>> rep who spoke to you in March and their tapes and notes, you'll
[quoted text clipped - 16 lines]
> months, what is the big deal to pass another seven months in a
> similarly feigned ignorance.

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Thomas T. Veldhouse - 18 Jul 2006 21:23 GMT

> Yeah, he could probably go the small claims route too - however, in
> either case - even if he wins - he'll get nothing since he's has no
[quoted text clipped - 4 lines]
> fees for the subpeona service plus his time. No way he can come out
> ahead - nor should he after 5 months of keeping his head in the sand.

I don't disagree with you on whether he would come out ahead. What I
disagreed with is that it would cost him hundreds or thousdands of dollars to
prosecute.

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Thomas T. Veldhouse
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John Richards - 18 Jul 2006 07:14 GMT

How could you not know for 4 months that you were switched to a
different plan when the plan details are spelled out on each monthly
billing statement?

Signature

John Richards

> I called Tmobile today to ask a question on my bill. I was informed
> that I had 2000 minutes and not 1600 like I thought. I was happy about
[quoted text clipped - 3 lines]
> contract. I was surprised to learn that I in fact had 2000 minutes and
> the CSR had placed me on a new 1 year contract.

[snip]

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Thomas T. Veldhouse - 18 Jul 2006 13:38 GMT

> Hello,
> I called Tmobile today to ask a question on my bill. I was informed
> that I had 2000 minutes and not 1600 like I thought. I was happy about
> this until I learned that I had 2000 minutes and a 1 year contract. I
> had called in back in March 2006 and added a messaging plan and asked

Hmm ... so right there you have an issue ... it has taken you three months to
notice the plan change? You should have noticed it on your bill back in April
at the latest. Perhaps things have changed, but I was not aware that plan
changes on T-Mobile triggered an automatic renewal of your contract.

<snip> am surprised to learn that the FCC does not. I live in FLorida and am

> not sure if the state would be interested or not? Any suggestions?/ I
> am sure I am not the first person that this is happened to

Try your state's Attourney General if you really think that you have a case
(note my comment above implies that the data incriminates you).

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Thomas T. Veldhouse
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