T-Mobile forces SMS text messages on customers, charges customers, sued by customers
By Will Park on Friday, February 1st, 2008 at 9:34 PM PST In Announcements, Financial/Corporate News, Services, T-Mobile
It’s one thing for a wireless operator to encourage its subscribers to use SMS text messaging services – the most profitable of wireless services, afterall. But, it’s a completely different (wrong) thing for a wireless provider to force its customer to accept incoming SMS text messages and consequently pay for them.
It’s unfortunate, but in the US, we get docked for every incoming SMS text message (whereas our IntoMobile Europe-team only pays for outgoing text messages). The problem is, T-Mobile (NYSE: DT) has been forcing all its customers (those with text messaging bundles, those on a pay-per-text basis, and even those that don’t want anything to do with text messages) to accept incoming text messages. Other providers offer the option to turn off SMS text messaging features on individuals’ accounts, but T-Mobile doesn’t seem to believe in customer-service.
So, it looks like a group of Yankees is going to show the German-owned company just what we believe in. That is to say, a class-action lawsuit has been filed against T-Mobile for essentially forcing its customers to pay for a service they never wanted.
The suit states:
“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.”
A few cents here and there might not matter to people now, but if SMS text message spam starts to pick up, it could result in some hefty forced-charges. Now this is a lawsuit we’re actually going to condone.
[Via: TechDirt]
Starting on 8/29/08 the cost for SMS/MMS messages on T-Mobile’s network will be increasing from $.10 to $.20. If you are wanting to get out of your T-Mobile contract without paying an ETF (Early Termination Fee) this is your chance! I just went through the process and I have documented it below.
Please note this is only valid for people who do not have a messaging plan. If you pay for a bundled messaging add-on you can not use the increase as a reason for breaking the contract since the increase does not affect you. This is also only valid for people not worried about losing your current phone number. If want to keep the phone number you will have to do some more hagling with the CR you talk to.
1. This step is very important. If you have not sent or received a SMS message within the past three months send a SMS message to your T-Mobile phone now. If you try this without having a recent text message on your account. T-Mobile will deny your request stating that the change will not affect you since you do not use text messaing.
2. Log into your T-Mobile account at http://www.t-mobile.com/. Click on Billing, then Current Usage. Verify you see the SMS Text message. If you do not see a message wait a few hours and check back. Based upon my experience the site updates a few times per day. If you do not see the message the CR will not see it.
3. Call T-Mobile’s main support number at 1-800-937-8997. When prompted by the automated system say “Cancel my Account”. This should send you to the right department.
4. When the customer service (CR) person asks why you are calling say, ” I want to cancel my account. I was notified today that the SMS messaging rate will be increasing from $.10 to $.20. on 8/29.” Some CRs seem to know about this and others don’t. They may put your on hold and verify the change.
5. The CR will probably come back and offer you incentives to keep your contract. Deny all offers.
6. If you haven’t used text messaging within the past 3 months the CR will say the change doesn’t affect you and you will need to pay the ETF. Tell them you sent/received a text message today and it will affect you. Tell them to check your recent activity.
7. The CR may say the change doesn’t take effect until 8/29. Quote T-Mobile’s Terms of Service here. Tell the CR that according to the ToS you must cancel within 14 days of receiving the notification. If they argue over this point or any other point simply read the following exerpt from the ToS
Section 3:
IF WE MODIFY A MATERIAL TERM OF OUR AGREEMENT WITH YOU AND THE MODIFICATION WOULD BE MATERIALLY ADVERSE TO YOU, WE WILL NOTIFY YOU OF THE INCREASE OR MODIFICATION AND YOU CAN CANCEL THAT SERVICE WITHOUT PAYING A CANCELLATION FEE (WHICH IS YOUR ONLY REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE. IF YOU DO NOT CANCEL YOUR SERVICE BY FOLLOWING THOSE INSTRUCTIONS, OR YOU OTHERWISE ACCEPT THE CHANGE, THEN YOU AGREE TO THE INCREASE OR MODIFICATION, EVEN IF YOU PAID FOR SERVICE IN ADVANCE. IF THE NOTICE DOES NOT SAY HOW LONG YOU HAVE TO CANCEL, THEN IT IS WITHIN 14 DAYS AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW.
7. The CR should then put you on hold o cancel the account.
8. Once done log back into your T-Mobile account at http://www.t-mobile.com/. You should not be able to view any current details or current plan details.
9. If you can not get anywhere with the CR ask to speak to a manager or hang up and call again to get another CR.
10. If all else fails tell the CR you will file a report with the FCC and fill out the form located at http://esupport.fcc.gov/complaints.htm. Most of the time filling out this form will result in swift action by the service provider.
In my case I contact support early in the day and requested the cancellation. Since I hadn’t used text messaging in the past three months the CR told me I would have to pay the ETF. This CR knew about the change and was very friendly about it. He told me to just send a new text to my phone and wait a few hours and call back. I sent the text and waited until it showed on my online account manger. The second CR had no idea about the change and it required a lot of prodding on my part to get him to cancel it. Getting a good CR is just the luck of the draw. The process can be very easy or very difficult based on the CR you talk to.