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T-Mobile sued for limiting 'unlimited' data plans

updated 10:00 pm EDT, Mon August 9, 2010

T-Mobile sued for misleading unlimited data plans

Wireless provider T-Mobile is facing a class-action lawsuit in California for selling phone plans with unlimited data but actually capping it once customers are in a contract. A Sunday ConsumerAffairs report says the lead plaintiff, Trent Alvarez, maintains he bought two smartphones from T-Mobile after the salesperson assured him that the included data plans are truly unlimited. He did get a message informing him that he has exceeded 10GB of data and that his remaining monthly data access speeds will be reduced to 50kbps or less. A request to remove this speed block was refused.

Alvarez says such a limitation makes his smartphones "essentially useless for anything other than making or receiving phone calls and text messages." The only warning T-Mobile subscribers have of any imposed limits if they go over a certain data limit is a fine print on the very back page of a T-Mobile brochure.

In his suit, Alvarez demands restitution for amounts spent on smartphones and their accompanying plans along with an injunction to stop any more misleading advertising.

by MacNN Staff



  1. macemoneta

    Joined: Dec 1969



    It's about time. If it's a 10GB plan with throttling, then say so when we hand over the money. If they're calling it an unlimited plan, then they are being intentionally deceiving during the sale. That alone should void the contract.

  1. nelsoon

    Joined: Dec 1969


    comment title

    Where is the problem? It's unlimited data and from what i read it unlimited data. They are only doing throttle for heavy users, If everybody could do 100-120GB per months, the speed of 50K/s, it's not only heavy users that would get it but everybody on the network. It's fair for all customers unless you like AT&T network.

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