T-Mobile Hit with Lawsuit Over 'Unlimited' Data Plan
Aug 10, 2010, 12:23 PM by Eric M. Zeman
A consumer has filed a class-action lawsuit against T-Mobile USA in California claiming that it falsely advertises unlimited data plans when in fact there are caps. Trent Alvarez, the suit's lead plaintiff, said that in May of this year he received a text message warning which read, "Your data usage in this billing cycle has exceeded 10GB; Data throughput [speed] for the remainder of the cycle may be reduced to 50kbps or less." Alvarez complains that the T-Mobile associate who sold him the smartphones clearly said the data plan was unlimited. The suit argues that though T-Mobile includes language referring to abuse of the network in its Terms & Conditions, the plans are still advertised as "unlimited" despite the existence of a 5GB cap. Alvarez said that once his phones were throttled by T-Mobile, they could only be used for phone calls and text messages. Other carriers have been hit with similar suits.
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