T-Mobile Loses Appeal Regarding Class Action Lawsuits

Then why even have contracts if a clause or wording can simply be by-passed in a court of law.

The whole point of a contact is that there is a guarantee to the cellular company to get paid for said service, and to the customer to provide the service in its entirety.

The customer has the ability to look at the contract and say, "I don't like that; I will not sign." Ok lets say that they did not look over the service agreement very well. They still have determined amount of day to exit out of the agreement without paying the penalty of an Early Termination Fee.

Thoughts & Observations
Sonstar

Agreed. Why have laws if they are going to be over looked?

Contracts *must* follow the letter of the law, and they are always subject to the judgment of the courts. Some states or districts will throw out entire contracts if even one piece is invalid. Contracts that use clauses known to be illegal do so as a scare tactic in the hopes that the signee will not question it. It's the same with any type of contract.

has anyone ever really read the whole contract when you buy a phone? those are freaking long. i took me about a day to actually sit there with a magnifying glass to read the whole thing and honestly i still didnt understand half of the crap they were trying to say. also, how many actually look at the signature making sure they really signed their name? hell ive actually signed a receipt that said "not me" in really bad hand writing. the person didnt even look at it and just say bye. if i wanted to be a dick i could of just said that it was a fraud charge on my CC and they would of have given back my money. so think about it next time you have someone signing a contract. they might not really be signing it and that gives them a way out becaus...
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I have caught someone trying to sign a contract with a different name before. it was their ID, their SSN and everything. but I almost didn't lett them have the phone because of it

Not signing the contract with your correct signature falls into 2 areas. 1 it is fraud, so the person signing the contract/reciept or what ever could be subject to criminal penalties. 2. Almost all carrier contracts have a clause in it saying something to the effect of ... If you use the service you agree to the terms of the contract. If you don't agree you are not allowed to use it. (the carrier would have the right to dicontinue service, charge termination, or sue for breaching the terms of the contract and it resulting in a financial loss for the company.
Just not a good idea.

oh of course but if you sign it with the words "i do not agree to the terms" and they still give you the service then it honestly gives you an exit because your not really doing a fraud signature because your not forging it your just writing it down that you dont agree to what they stated. you do know what fraud is right? its not my fault if the person didnt read what i wrote. why do you think now these days people are actually using finger prints and last four of social security to sign contracts. just like if you order a cell phone online your signature is your last four. theres no way around that because a judge can actually say that you imputed your last four so theres no way around that. but in a hand written signature that you forget t...
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It comes down, not if you are for, like or dislike Class Action Law Suits, but does TM in their contract forbid them. This is two different arguments. I am not a fan of such suits, because in the end, the only winners are the law firms. But, I don't think TM can legally stop them.