T-Mobile will buy you out of your contract

[Gameface]

 

[Hotdog]

After reading your stupid *** responses, I really wish they had let you "take them" to court. I wish I could have watched the judge's face as you presented "your case", along with all of your "evidence" and "recorded calls" -- whatever, write4u -- and laughed heartily as he threw your case, and you, out on your ***.

Boom!


What do you have say NOW?

 

[Hotdog]

No surprise that Trout and Sirkickyass are no where to be found.

 

[JAZZGASM]

You could have done that before you got married. We have four lines on my account: me, my wife, my dad, and my sister. They were on T-Mobile when we switched and it was cheaper to bundle us all. We take the full amount (before add-ons) and divide it equally, then everybody pays for their own add-ons. We all save about twenty bucks each.

I heard that the only reason Joseph Smith had so many wives was so they could all participate on his family plan.

 

[Harambe]

Boom!


What do you have say NOW?

Mr. Wells, if I may suggest your first response, it would go something like this:

"This is not the first time the government has acted, in a legal manner, to protect the incompetence of the population"

The FTC's argument is that the term "unlimited data" is misleading. But however misleading it might be, it has been cited in several court cases that throttling is very much common place.

Shorter response? Sure. Pick one

1. You get what you pay for
2. What, exactly, did you expect?
3. ... do you really understand the circumstances behind a truly unlimited network?
4. Why the hell would you use AT&T anyway

 

[TroutBum]

No surprise that Trout and Sirkickyass are no where to be found.

My bad. I was busy working an 80 hour work week, digging ditches, for low wages, because that's what real American Men do.







Just kidding. I have been fishing a lot lately. Also, I make it a habit of not reading anything you write, since almost always, it's pure cockass. Sadly, this is one of those times. You're still wrong, you're still stupid, and you're still weird. Great bump though.

 

[Hotdog]

My bad. I was busy working an 80 hour work week, digging ditches, for low wages, because that's what real American Men do.







Just kidding. I have been fishing a lot lately. Also, I make it a habit of not reading anything you write, since almost always, it's pure cockass. Sadly, this is one of those times. You're still wrong, you're still stupid, and you're still weird. Great bump though.

Regardless of how you feel, I'm still right.

Both you and Sirkickyass had made it sound like their is no way in hell I would have a case. Well.... the FTC and it's Lawyers thinks there is a case to be had, so that basically proved my point. Unless you two think the FTC and it's Lawyers are stupid. Which you'll probably say you do, but we both know you would be lying. If the tables were turned and the FTC had come out and said there isn't a case, you would use it to support your point. We both know that.

I'm right, you two were wrong. Case closed.

Thread Scoreboard

Hack - 1
Trout - 0
Sirkicky - 0

 

[TroutBum]

I concede. You win, I guess?

For the record, I still think you're wrong, and I'm still going to hitch my wagon to someone who studies law for a living, has more education in his bowel movements than you and me combined, and who makes more money than you or me because of said education 999,999 times out of 1,000,000.

Be sure to bump this thread again when the final verdict is read, will ya? Thanks.

 

[Hotdog]

Ya, I'm with Hax0rz, they totally dick you with their "unlimited" data. I had the same issues and spent at least eight hours on the phone over three days before I finally got a manager who understands what customer service is. We are still going to be leaving them in a few months (as soon as the deal that CSR gave me expires) and we'll probably go with Verizon.

As for T-Mobile just "forgetting" about you, I wouldn't count on ot. I had the same issue with Verizon about 8 years ago. I fought and fought with them, told them I'd never pay a dime and they finally stopped. I won, right? Fast forward 8 years and we just tried to get a car loan for the first time in 6 or 7 years and guess what... They've been dinging my credit for years and the charge, that was like $200.00 is now over a grand. No loans for me with that stupid thing on there, and now I get to pay for it. 4x over.

Might want to check your credit score, yo.

They were right and you were wrong. Throttling is not a cap and you weren't charged for overages for your plan. The high-speed data cap is adjustable.

Also, how the hell are you using that much data? Is your phone your primary device for watching video? The Madame is practically glued to her phone all day and never goes over 2GB.



Not only would you have lost, you never would have made it to court. Your contract assuredly requires mandatory arbitration.

I monitored my credit closely through the whole thing. I still do. Nothing ever has come up. Its been 4 years now since that whole thing. I keep an eye out for it, but I kinda doubt they will keep trying. They arent as resilient as Verizon. Im not sure what your case was but maybe Verizon believed they had a case. Ive never noticed any issues with their data. Tmobile knows exactly what b.s. they were pulling. I literally begged them to take me tp court over it. I even would send back letters telling them I was ready for court. I told them I had numerous commercials recorded with their unlimited advertising b.s. and a bunch of other evidence of them throttling my data. I made recordings of me using my phone. I kept letters. I recorded phones calls with them. I had everything I needed. I was ready to go to court. No matter the cost. I truly believe I would have won. They did the exact opposite of what they were advertising. They were literally limiting my data when they were advertising unlimited. It only took about a week into the new billing cycle for them to throttle me too. So 3 weeks out of the month my smart phone was completely useless. Throttling basically shuts your data off. You cant even use maps. Thats how bad it was. For 3 weeks my smart phone was no better than a flip phone.

I think they knew they had no case. Which is why they never followed through. Seriously, how hard would it be to argue that case? Its pretty cut and dry. The definition of unlimited is pretty clear.

There was also a class action lawsuit at the time that was pending during all this. Many people had gotten together to fight them over this. I never followed up on what happened on that, but Im sure it helped me some. They must have been told they would lose, so they dropped the fight.

This is correct. Throttling isn't a cap on data, it's a limit on the speed of data over the amount of data you paid for. We spent a lot of time researching throttling as part of a netflix class action lawsuit I worked on, and I can say with a high degree of certainty that Hack didn't have a legal prayer in the world of arguing that throttling his data speed past a quota was the same thing as lying about offering him unlimited data. This is especially true in the case of phone data contracts because even unlimited data plans offer you different data packages where you can adjust your limits on high speed data at additional cost so that these limits are well publicized. In fact, when netflix throttling was an issue cell phone data packages were the specific example used in how to throttle legally. T-Mobile specifically has never hid the ball on throttling. I just went to their website now and the capped data packages are described as follows:



T-Mobile does, in fact, offer a high speed unlimited data plan at something like $65 a month, but it sounds like hack instead purchased a capped option and then complained that he wasn't getting the higher end product.

I will maintain that hack never would have made it to court. Virtually all cell phone contracts include mandatory arbitration provisions and those provisions have been in T-Mobile contracts specifically since at least 2004. Further, those mandatory arbitration provisions have been held to be legally binding in virtually all US States.

In terms of "beating it" I wouldn't brag until you're certain that your statute of limitations has run (not sure for contracts in Utah, but in AZ it's 6 years). Other than that I can assure you that they didn't go away because they "knew they would lose." At most they probably determined it would cost more to collect than your contract was worth. American Arbitration Association fees aint cheap. You might have just been too small time to go after.

I suspect what actually happened with hack is that he happened to get lucky during the ATT/T-Mobile attempted merger. As part of due diligence you have to disclose all outstanding arbitrations and litigations. It was well known that T-Mobile, in an effort to speed the merger along, chose to forgo adding to its litigation count so it wouldn't have to continually produce new due diligence materials on a rolling basis. Specifically they chose not to pursue a multi-million dollar regulatory claim against some Dutch Telecom officials that they likely would have won. The production requirements were enhanced because the attempted merger was subject to antitrust review from the DOJ and the FCC and those agencies were demanding similar document productions.

I'd be willing to bet money that Hack just happened to fall through that particular crack because his case came up for referral during the non-prosecution window.

https://https://www.wsj.com/articles/fcc-reaches-48-million-settlement-with-t-mobile-over-unlimited-plans-1476891100


Oh man!

Talk about vindication

I was right. You were wrong Sirkickyass. If you ever need legal advice. Send me a pm. Ill be glad to help.

 

[Hotdog]

I concede. You win, I guess?

For the record, I still think you're wrong, and I'm still going to hitch my wagon to someone who studies law for a living, has more education in his bowel movements than you and me combined, and who makes more money than you or me because of said education 999,999 times out of 1,000,000.

Be sure to bump this thread again when the final verdict is read, will ya? Thanks.

OK

Bahaha.

You suck at guessing.

 

[RandyForRubio]

Lol

 

[Miggs]

Oof.

 

[JAZZGASM]

Regardless of how you feel, I'm still right.

Both you and Sirkickyass had made it sound like their is no way in hell I would have a case. Well.... the FTC and it's Lawyers thinks there is a case to be had, so that basically proved my point. Unless you two think the FTC and it's Lawyers are stupid. Which you'll probably say you do, but we both know you would be lying. If the tables were turned and the FTC had come out and said there isn't a case, you would use it to support your point. We both know that.

I'm right, you two were wrong. Case closed.

Thread Scoreboard

Hack - 1
Trout - 0
Sirkicky - 0

Well, Kicky did say you wouldn't win in court, because T-Mobile has a binding arbitration clause. So a motion to dismiss from TMO would be granted=you lose in court. While a court can ignore a binding arbitration provision they generally don't, and having reviewed the TMO terms in the past, I don't see any reason a court would in this case. Also, the T&Cs clearly require you to dispute your claim to T-Mobile in writing. If you don't do that, you can't even get to arbitration. Sounds like you just talked to them on the phone.

And the FCC fine was based on deceptive advertising. That doesn't mean that the contract itself would be void or voidable, only that a federal agency didn't like their practices.

Takeaway:

You definitely would not have won in court.

You couldn't have gotten to arbitration without following the procedures in the contract, which it appears you didn't.

Even if you followed all the procedures, a fine from the FCC is not precedent, and is ancillary to your claim. I still think you would lose.

 

[TroutBum]

I still contend that you are, in fact, a complete dingleberry. Win, lose, or draw, you'll never not be a speck of **** hanging from the *** hair of society.

But seriously, when are they sending you that check?

 

[Hotdog]

I still contend that you are, in fact, a complete dingleberry. Win, lose, or draw, you'll never not be a speck of **** hanging from the *** hair of society.

But seriously, when are they sending you that check?

Im gonna call about my check. Ill let you know when I get it.

You can say whatever you want, but facts are facts. I schooled both you and sirkicky without a single day in law school. It stings a little, I know.

Just remember that next when you want to argue. Im always right, no matter how much you dont like it, or how much your broken logic doesnt agree. Capisce?