Class Action Lawsuit Filed Against T-Mobile and Samsung Over Lack of Froyo Update to Vibrant

January 14, 2011
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Whoa, escalation much? Take a peek as XDA member MicBeast files a class action lawsuit against both T-Mobile and Samsung over their apparent holding back of updates to telephones (specifically of Android 2.2 Froyo and 4G speeds to the Samsung Vibrant.) He says he's secured a lawyer, filed the lawsuit, and have explained all issues with them (the lawyers) and they agree that he has a very strong case.

MicBeast says that Samsung and T-Mobile have broken the law! He says they've violated the law concerning Unfair and Deceptive Consumer Business practices in the following ways (his words):

they have continuously lied to us about the hardware, 
and software reliability of this phone, 
they promised us updates (to 2.2! Not the functionally dead JI6 2.1!) 
over and over, 
NOW they plan to release NEW galaxies 
without updating the old ones they currently have
The GPS is clearly a hardware defect. 
There are just too many issues with this phone
and the Customer service reps have been combative
even bullying and threatening customers!

a clear violation of US law

MicBeast says that everyone is to email him with any issues they've had with the Fascinate to his inbox at SinistaBeatz@GMail.com - and I'd assume if you want to get in on the case somehow.

Do you think he's got a case?

UPDATE: This conversation continues in this subject in the Android Community forums:

"What are YOU going to do about Samsung?"

[Via XDA Developers Forums]


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  • pissed at samsung

    hey you can count me in

  • Donny

    I have a nexus 1and I see the problem that samsung is doing. They plan on making you by a new phone every year by only releasing one update per model, in stupid people need not buy samsung but boycott there asses

  • http://myenergyxs.com/ nativex

    WOW! Now this is a way to make some big WAVES! Woot! Woot!

  • dberezin

    I hope they include the other phones (Fascinate, etc) and carriers in this!

  • aerozeppelin72

    Hey, anything to stick it to the man! And also get me my froyo…or gingerbread!

  • Mahesh

    I am in….too frustrated myself.

  • techsican

    Good for him! MicBeast, you are the MAN!

  • http://holcombmania.net John

    While I agree that Tmobile and Samsung are doing a terrible thing, this lawsuit will get nowhere. This guy is just trying to be a hero for all of the whining on XDA and this case will never get rolling. Vibrant owners like myself should just keep quiet, use some of the amazing custom ROMs available (I use GingerClone R2 and couldn’t be happier) and just move on to an HTC device or even a different carrier.

  • T man

    Yeah ! Let they learn the lesson by “cheating the customer”. I already boycott entirely Samsung’s product after I mistake purchased this phone.

  • nps_ca

    I agree with John; this will go NOWHERE. Nothing is stated by TMO and Samsung that they MUST provide an update to 2.2

    I’ve worked on the other side of the fence (at an OEM) and see these cases bring such poor evidence/info in to justify the position. There are better ways to get support – pushing it to Samsung and TMO’s legal will mean from a dev point of view it’s FINISHED – it’s in the lawyers hands now and they will do what they need to do to prevent the other side from winning.

    Basically you took a situation that sucked and escalated further. This doesn’t help XDA forums users “keep the love” with other mfr’s….

  • Mike

    This whole samsung,t-mobile thing is BS.. They are screwing people around. They are also committing some UNFAIR business practices.
    You call them and ask to change the handset out and these morons give you a hard time and push from one place to the other.

    This may not get fair but i bet you he will get something out of it and prove a point

  • indivisiblep

    I hope this guy has a case. I actually tend to think this may not be successful but I sure hope it is. That the lawyers think he has a strong case doesn’t say anything they will get paid regardless so to them every case is “strong”. But I hope if nothing else this gets some sort coverage and bad PR for all these bitches and sends a message. If this gets out enough the bad reputation and criticism could do the trick. The main focus is that they are trying to exploit people by deception.

  • Mikey

    I actually think he may have a case. This is exactly how I feel about my Captivate.
    I was promised (note: promised as in, literally promised by a sales rep, but I’m sure its nowhere near anything in any contract I signed) that Android would be receiving upgrades, and was one of the reasons I purchased the Galaxy S. Now, the upgrade to Froyo is 5 months overdue, I don’t think its ever coming, and I feel lied to. I still love the phone, but not necessarily the companys behind it…

  • http://n/a tparimore

    I bought 2 vibrants in the past 60 days based on the promise of a 2.2 update. I’m in!

  • schanthasene

    Good for you!. I hope you win because you’re doing what each galaxy s owner wishes they could. You have a great case and I hope they realize they cannot bully their customers around. This will be my last Samsung phone ever. Good luck. You are the man! !!

  • Edwin

    Rumor has it that T-Mobile and Samsung are to release a new Vibrant S with the latest updates; in other words they are just holding back the Froyo because they want you to invest in a new phone. This is dirty business; and I for one will leave T-Mobile, and never buy another Samsung phone !

  • Jonathan C.

    Hope the (Micbeast) updates it to include at&t customers. heh

  • Almost

    It’s about time someone publicly bi*¢# slapped these guys I own a vibrant and this phone us great…but if it were updated it would be so much better

  • Eric

    The problem with class action lawsuits are that only the Lawyers make money. I remeber getting a payout from a classaction lawsuit of $2.15 plus 500 points for advertising on Yahoo. big deal the advertising would have been spent in less than 5 minutes of posting.
    I don’t think it would go anywhere.

  • @Eric

    @Eric

    I’m joining this class action, and I don’t care if I don’t get any money, if the lawyers take it all that is fine.

    For me it is the principal of unethical business. One way or another Samsung will get hurt by having to pay, either the class action members or the Attorney.

    The point is, they will learn their lesson, and this will benefit all consumers in the future. Meaning no more unethical and unfair business practices by Samsung.

    I’m also sure high shaire holders are going to demand some people resign from their positions.

    Changes will take effect!

  • Mike

    This guy is an uninformed idiot. Why would he extend the lawsuit out against T-Mobile as well as Samsung when T-Mobile has already stated they have the update ready and want to push it out but Samsung has continuously said no. T-Mobile wants the Vibrant to get 2.2 plain and simple. Before you go out and start filing lawsuits like a madman, maybe you should make sure you’re filing it against the right people first.

  • Ken

    I have an AT&T Captivate, I would like to join the law suit for the exact same reasons. However I believe that the argument that T-Mobile would like you to buy a new phone every year is not legit. AT&T and T-Mobile sign you to a two year contract that they themselves subsidize. In this structure it is not in their best interest in selling you a phone every year. The same can not be said of Samsung.

    I hope this case is a winner. We; the end users would get nothing (some free minutes? a discount towards next phone purchase?). However this will cost T-Mobile, Samsung, (hopefully AT&T). They will hopefully be more diligent about upgrading firmware in the future.

  • Chris Burns
  • defected.saint

    I currently use te Epic which basically puts me in the same boat, hell all galaxy s users are. As far as the stop complaining samsung never stated they would upgrade the galaxy s phones, I call BS. Samsung and every carrier has said numerous time times there would be a prompt firmware update and not to worry. The phone will be updated. So sorry to burst that bubble. But I hope he wins, this was the one thing I was concerned about switching from an iPhone. Updates, you get all of them with apple. Sprint and samsung are proving my worries true, once you get the phone its F you.

    Which is why I finally took matters into my own hands. I rooted my Epic, upgraded to 2.2 and installed a custom rom. Phone works 10x better than it did out the box. I’ve had no problems with it and my phone is prime and ready for any future unofficial updates. These are badass phones, even if carriers and manufacturers dont update them. The community will, and that’s what I’m banking on. It shouldn’t have to be that way but that’s how it is. Everybody should just root and update their phones. Backup your data, root/update and reload it. Not hard. If people did this, it would send a clear message to carriers and manufacturers. Update our phones or we’ll do it ourselves. And they do not want that on a large scale. It makes them look seriously bad as a company and gives tons of bad publicity. If most of your users are using modded devices what the hell is the company doing, especialy for such new devices. Looks real bad, not to mention the negative word of mouth people will spread. So root your phones and update. Don’t let samsung and your carrier F you, you F them. They will take notice.

  • ItsMichaelNotMike

    It’s a tad ironic that the Plaintiff wants people to contact him via his free Google e-mail address, the guys who provide Android.

    Biggest problem I see is one of timing. While Samsung did say in its commercials and online ads that the Vibrant would be updated to 2.2, it did not say WHEN.

    2.2 is slowly being distributed by carriers, that is, on older devices. (A phone coming out with 2.2 does not count as an update). So Samsung and T-Mobile may eventually be “guilty” of not providing the update to 2.2, but when that is cannot be determined.

    It’s like I promise everyone in here that if they post that they approve or like this comment, that I will give each of you $10. But if I don’t say WHEN I will pay the $10, that’s a significant part of the promise that is missing.

    While a court may supply the missing term, here the “when” the parties should have acted (provided the update), it would not do so here because your idea of reasonable is going to be different than mine. Because of this, such claims cannot be pursued on a class action basis.

    However, Samsung and T-Mobile could be “guilty” of violating California’s Business and Professions Code Section 17200 (Unfair and Deceptive Business Practices Act) and 17500 (False Advertising) if it can be shown that Samsung and T-Mobile “bait and switch” or make false promises to cinch the sale, then abandon people thereafter.

    It could be false advertising to promise 2.2 but then to never deliver it.

    Lastly, this person seems to be also claiming that Samsung and T-Mobile are deceptively holding back the promised update so to assure increased sales of the Vibrant Plus. Overall, that could be deemed by a judge to be an unfair and deceptive business practice, something that does NOT involve the question on when the update is actually delivered.

    In other words, if the update is ready to go (and it appears it is since Canada and some European Samsung Galaxy S owners have officially received 2.2) but Samsung and T-Mobile are refusing to deliver it for ulterior motive, that would be a violation of California’s consumer protection laws.

    To be sure, there’s a lot of people who bought the Vibrant because of T-Mobile’s and Samsung’s assurances that the Vibrant would get 2.2 WHEN IT BECAME AVAILABLE.
    People understood that to mean when Google releases it to the market, not when Samsung or T-Mobile decide to release it.

  • Jose

    Count on me too..

    I’ve been waiting for a damn GPS fix.

    And 2.2

    I get lost many times now.
    Because of my gps not working.
    Can you imagine you being in your car and your phone saying, rerouting, make a u-turn, rerouting. turn right, make a u turn, WAITING FOR GPS LOCATION, and taking me absolutely nowhere

    W

  • Ichigo

    Man im 100% behind you dude, I hope you win that case. I will never buy anything Samsung in my life ever again I swear.

  • Dz

    There’s two reasons why I believe this lawsuit will succeed.

    1) There is still no Froyo.
    2) GPS issue still persist for some people. Look at xda-developer thread for information why. This is a hardware issue for some.

  • Syntonic1

    I wrote a letter to the president of T-Mobile in December saying exactly the same thing. I even mentioned that I they were misleading customers, roping them into 2 year contracts with promises of upgrades that never happen (both my kids had Motorolas with similar failures to upgrade) and that I was surprised that there hadn’t been a class-action suit!
    I got a call yesterday, offering for me to choose a new phone for an exchange. I am on board for a class action suit, because I think this is fraud.

  • Terry

    Hey mike you are a complete moron. Samsung is the one that has given all the carriers the update already. Its tmobile that hasnt realesed the update yet. Once an update has been released by a manufacturer it is then completely in the hands of the carrier to push the update. The mytouch 4g and the g2 are newer phones so they would rather push those out to customers. And now a rumored refreshed vibrant hd. And more than likeky there are back door deals between samsung and tmobile so yes both companies should be targeted in the law suit

  • Terry

    As for purple who say samsung never said when they will release 2.2 doesnt know what they are talking about. They have stated openly on their official twitter site that 2.2 will release before the end of 2010. And any who states that companies miss deadlines all the time is also a complete idiot because most deadlines are given as estimates but samsung never gave an approximate time frame. It was a pretty soild deadline. Also they have the updates ready and this lawsuit isnt about the updates but about trying to sell more devices by not releasing the updates that were promised

  • Corina

    I’m in, samsung lied to us!! I hate samsung!

  • PeenHeen

    Wow that makes a lot of sene dude.

    http://www.being-anon.it.tc

  • cedejane

    I thing this person is doing the right thing. weather its tmobile are samsung. its say to all companies that make are deal with android os that we the people are tired of there lies they feed us. android needs to make a change with these companies and i hope that this lawsuit goes forward. all companies need to change there ways. these companies are make lots and lots of money from us. a full price phone cost 549.00. so let this be heard to all the makers of phones an cell companies. people are tired of being lied to.

  • Kevin

    I’m in fellas. I switched to a MyTouch 4G that I bought off some douche on eBay just so I could get away from the Vibrant lies. My phone’s GPS never worked correctly and I was tired of waiting….

    Sign me up!

  • poppntagz

    We need to do this for all the galaxy s models, I have an Epic and feel like I’m in the same boat.

  • Steve

    This unfortunate side effect of winning this lawsuit will be increased fees for products and carrier usage. Businesses just pass along their losses to their customers in the form of price hikes.

  • Hollie Karp

    I am so fed up with Samsung and the promises they keep breaking. They do not stand by there products. They have no respect for the customer. I have dealt with customer service once and they did nothing to fix the problem. We have two of these Vibrants.. I spent so much money on accessories for these phones. I will gladly join this lawsuit.

  • Bruce Karp

    I will gladly join.. My wife and I are tired of this crap. Spend hundreds of dollars and then these companies do NOTHING for you

  • TGA_Gunnman

    This is my last Samsung phone. The non-standard way the implemented the OS is annoying. The lack of functional updates and the constant push-backs are frustrating. Then having a Vibrant Plus with all the features I wish the Vibrant had to begin with makes me feel ripped off.

    Complaining aside I do love the S-AMOLED Screen and it is the main reason I purchased the phone, but had no Idea that the compass, GPS, phone having a bad lag issue and lack of a standard OS implementation would have plagued me.

    Thanks to devs and the ROM community I have gotten past all that, but from the manufacturer this phone is a lemon.

    P.S. Who still uses RFS (Riser File Systems) in the UNIX/Linux world anymore?!?! Samsung that’s who. Why would anyone want to us slow SD memory for their phones application storage instead of NAND?!?! Samsung that’s who.

    Go Figure!!!

  • http://www.myspace.com/rebelnate03 rebelnate03

    http://edelson.com/

    This is the link to the law firm that is working on this case.

    Knowing “MicBeast” personally, I have witnessed the problems with his phones. He has had to trade in his phone 3 or so times. And to those who say it is T-Mobile’s problem and not Samsung’s, You are a joke. Even if Samsung may have released the updates, It is their responsibility to get on T-Mobile to put them out. For it is Samsung who puts out commercials for their phones, not just T-mobile. Both Companies ARE responsible for releasing phones that are defective RIGHT OUT OF THE BOX. Those phones should have never been sold in the first place. They knew there was a problem with their products in the first place. So I say Kudos to MicBeast and his efforts in trying to get this problem of FRAUD AND DECEPTION BY T-MOBILE/SAMSUNG brought out in the open for all to see. Corporations get away with this stuff all the time and people are too afraid or too lazy to do something about it. And to all the haters on here, YOU ARE JUST JEALOUS THAT YOU WERE NOT THE ONE PERSON TO HAVE PUT THIS OUT ON THE TABLE FOR ALL TO SEE. SO YOU NEED TO LEARN TO CHOKE ON YOUR OWN VOICES!!!!

  • Shackgirl

    Seriously. Thanks for now giving fuel to every person out there who has a problem with their phone. these are very small, incredibly sophisticated electronics. There are things bound to go wrong. Stop arguing with people in India and fix your f**kin problem. Money’s to be made whether someone is upset with “Well, They said,” problems. get over it. Thats why they let you upgrade every 18-24 months. Boo Hoo. Lots of phones have problems. If everybody gathered lawyers because, for example, the majorities of a certain line of phones wont pair via bluetooth, or try and force close apps all the time, we would all be out of business.
    Ranting towards the idiot who’s sueing. Not trying to ang the HUNDREDS OF THOUSANDS of people out there who have problems with their cellphones.

  • jimmy

    MicBeast is a banana collecting peoples information. If the case was in fact filed the lawyer would be asking for emails, not some rapper using his private email address to rally the troops. Which from his actions I wouldn’t send this cook my information no matter how basic. He is a MANIAC that has been banned from several forums for doing nothing but threatening and whining like a girl.

    There are several holes in this maniacs story the most glaring is him claiming this law firm will work Pro bono. I can tell you without certain that obviously either the lawyer or the banana dont know what pro bono is.

    NO LAWYER WOULD WORK THIS PRO BONO. Pro bono means they wont get paid a dime AT ALL win or lose NOTHING. I have a feeling this guy has his panties in a bunch and jumped the gun when someone from that firm said “gather some information”. Which dont mean ANYTHING. This clown is running around claiming its been filed. It hasn’t and wont, his 15 mins are almost up.

  • Jason

    Us Cliq owners shoulda done this, but we were all skeptical about its effectiveness in the forums… tsk tsk tsk

  • Bobert

    WOW so many irresponsible bloggers picking up this story and running with it as if it is true.
    Micbeast has provided NO EVIDENCE that a lawsuit has been filed.
    Has anyone read his paranoid filled rants over at XDA?
    The guy thinks that people are out to kill him over this and that tmobile has sent people onto the internet to discredit him.
    I cant believe that this story is actually getting this much attention.
    I guess if its on the internet IT MUST BE TRUE!

  • sameum

    Hmm..
    I’m currently living in Korea and I bought my Galaxy S with 2.2 preinstalled 7 days ago.
    and right after I was able to get 2.2.1 through Kies.

  • We Need Tort Reform

    Poor baby wants his bottle…

  • Steven

    Its awesome a co worker at my work is new in the smart phone game and asked me what phone she should upgrade to. I did a good deed and convinced her not to buy the epic 4g and got her to go with htc evo 4g :) I told her that samsung has the worst customer service out at the moment.

  • DD

    Samsung sold approximately 3M Galaxy S phones in 2010 in the U.S. Each iteration of this phone was shipped with GPS signal issues, as evidenced by various OTA updates specific to this problem. GPS fixes were also disseminated to Canadian and European owners. Many of the updates were sent approximately five months after sale, as was the case for me. Furthermore, many owners continue to experience GPS issues, even after the OTA fix.

    Prior to 2010, Samsung had developed a reputation for poor service re updates. It’s well deserved.

    Solving your own problems, as many suggest, is great. It has no connection, however, to the fact that Samsung was negligent in the design of the Galaxy S, failed to solve the problem in a timely manner, and has wholly failed to meet its customers’ expectations regarding OS updates.

    Whining about it, even in the context of a law suit, is sometimes an effective way to notify consumers that their tech problems aren’t isolated and to notify a company that its behavior is known and won’t be tolerated. Accountability, baby, in whatever form and in whatever degree, is a good thing.

  • Lilly

    Tmobile sold me the Vibrant in July and in Oct. Started cutting data useage. When t-mobile cuts the data my phone only works for text and some calls. Web is almost impossible. I have to text to check my checking account most of the time. 4 of us are on a family plan but found out that it is 2 to a family so we have 2 family plans. Our bill runs around 400 amonth and my phone doesnt work most of the time due to data limiting.

  • Gregory

    I too would like to be included, as I noticed on the second day I owned my Fascinate and went directly back to Verizon.
    They told me that the update would be coming within the month. That was 4 1/2 months ago. I’ve taken it back several times and complained about the horrible constant “searching for GPS” issue. They actually told me to turn “airplane mode” on than off. This did not work.

    SAD THING IS THAT MY WIFE AND I, BOTH HAD THE 1ST GEN. MOTOROLA DROIDS WITH 2.2 AND FROYO. AND NO PROBLEMS. My Friend refuses to sell them back to me. LOL

    Verizon gave me Samsungs phone # and they(Samsung) have just repeatedly lied saying, “the update is comming soon, but can not give any certain date.” To sum it up, I will NEVER BUY another SAMSUNG Product and suggest everyone spread the word.

  • MrJazze

    I too wanted to chime in on this case. I have read many comments posted here and on XDA forums regarding the disappointment of hundreds of consumers about Samsung and their carriers. I obtained my Galaxy S (Captivate) phone during the Xmas season and admit it is a nice phone, but there are problems that they (Samsung/Carriers) should address to stand behind their products and brand names.

    Now, I truly believe every consumer should stand behind this case. Why? The cell phone market has always used deceptive practices to get our money for a phone or service which didn’t standup to the hype, but yet lock us into a two year contract.

    And to the lawyers of this case, just look at some of the recent deceptions used in other cases over the past few years that have crushed our economy. (Build the dependency ::: Control the addiction)

  • Chaz

    I dont know about any of you, but on my Vibrant box it states “UPGRADABLE TO ANDROID 2.2″ not “We might upgrade if we feel like it” Their problem is probly the bad GPS chips, wich might mean everyone gets a new phone. :D

  • http://www.presetnet.com n1ckn4m3

    I’m in. Fascinate owner here. Let me know what you need from me. I’ve been lied to since Thanksgiving when I got the phone. Samsung is why I let Verizon two years ago with my i720 then i770 Then Verizon gave me a storm to replace it and after they lied to me about my 1st generation 9500 working in south America……

  • Herb

    Micbeast…. What can I say? MAKE THEM PAY!!!
    I bought the phone as I was told there would be an update in OCTOBER!!! its jan right now and just recently released. Make them pay! really wish I was a part of this so I can be inside the courts, never been in there before

  • Kathysuej

    i actually totally agree! i have experienced a lot of the same problems with my samsung galaxy s / vibrant. i’m already on my 3rd replacement phone and they’ve all had the same problems!!! we have 3 more of the same phone on our acct with tmobile and they’ve all had problems. but u think t-mobile or samsung are going to do anything to fix these issues??? NO! all they’ll do is keep replacing the phone with the same POS! I’m really upset that we bought these phones to begin with but t-mobile sure did a heck of a job selling us on them. saying thatwithin the next month they were going to 2.2 (of course this was back in the end of august/ beginning of september 2010) and how great the features were and the gps. what gps? it never worked to begin with and thats just the beginning. It just sucks being lied to and trapped in a contract that u can’t get out of unless u want to pay an arm and a leg. I say “more power to u” micbeast! I really hope u stick it to them!!! cause i know there’s a lot of us in the same situation who would love to do the same thing!

    • marty

      Tmobil are animals. They sold me a Samsung Gravity phone which is pure garbage. They charged me around $249.95 for the phone plus tax. It is garbage. IT never works properly. I told them to send me a different phone, and they send me the same phone and, I expressed that i didn’t want the same phone. To add insult to injury they have charged me for the same phone. I will never use Tmobil again. They also put numerous hidden charges on your bill. I know they are getting away with murder with some older clients that never check their bill. They make Al Capone look like Peter Pan. They are straight up criminals.Never buy Tmobil if you want to keep your peace of mind. They train their people to not listen to sevice issues and get right to taking your money. Their billing dept. is very percise. But their customer service department is non existant. They are a very creepy entity to do business with. They have $500. of my money and I don’t have a working phone.

    • Walkercaleena

      I have a vibrant to and they have replaced it several times already.. Its keep messing up and is pure junk.  The last phone they sent me wasn’t even put together right and had the lights shining thru the phone NOT like its is suppose to and it took two weeks to make them send YET ANOTHER refurbished piece of shit…

  • Kahunarica@yahoo.com

    ! Ever since I activated new account with T-Mobile, their service with this phone has been deplorable to say the least!! Everytime I call customer service about this issue, they say there’s no problems in my area….BS!!!! It seems like the phone is incompatible with their servers…..Samsung galaxy S. I would love to join in the suit.

  • Billiondollarcella@gmail.com

    I had the same problem with the samsung first generation gravity. the phone was sent back 3 times in fact that was the worse phone i had ever had. i had more dropped calls. right now we are paying so much more for cell phone service with the worse service since the beginning of cell phone use. we all have been bamboozled. if we could shut off service for one or two days maybe just maybe it would force them to give us better service and better rates

  • John

    Who is your lawyer, i also have problems with tmobil bullying me they have charged me $20 a month for unlimited internet, when i call to complain they call me combative.

  • http://www.facebook.com/MAMAMAMOO Debbie Cullen

    We need to file a class action law suit against T-MOBIL NOW! I HAVE ALL THE PROOF WE NEED, AND HAVE BEEN SCAMMED , SCREWED, LIED TO, TRICKED, RIPPED OFF, ROBBED, ETC. YOU NAME IT, I HAVE BEEN PUT THROUGH IT! I WAS TOLD BY A REPRESENTATIVE THAT T-MOBIL TRAINED HIM TO LIE, CHEAT AND TRICK CONSUMERS, WHATEVER IT TOOK TO GET THEM ON CONTRACT! THIS MAN IS ON SOCIAL SECURITY AND IS TRYING TO MAKE ENOUGH MONEY TO LIVE ON. THAT’S THE ONLY REASON HE WAS EVEN WORKING THERE, BUT COULD NOT SCAM PEOPLE THE WAY HE WAS TRAINED TO DO. I GOT THAT FIRST HAND!!!! I AM LIVID, NOT TO MENTION, AFTER YEARS OF BEING OFF CONTRACT, DUE TO THE PROBLEMS, THE STRESS (I have M.S. and CAN NOT DO STRESS) I WAS SCAMMED INTO A CONTRACT, THEY ADMITTED THE REPRESENTATIVE LIED, SAID HE WOULD BE DEALT WITH AND I WOULD BE TAKEN OFF CONTRACT IMMEDIATELY AND EVERYTHING WOULD BE AS IT WAS PRIOR TO BEING SCAMMED. MY HUSBAND GOT ON THE PHONE TO HEAR FOR HIMSELF, (because we have been through this over and over again) asked that he get confirmation that this WILL BE DONE, AND IN WRITING. THE T-MOBIL REPRESENTATIVE TOLD HIM, I CAN-NOT DO THAT, BUT I WILL SEND YOU CONFIRMATION BY TEXT. I TOLD HIM, THEY ARE LYING! YOU WILL NOT GET ANYTHING IN TEXT OR VIA ANY OTHER METHOD. WELL GUESS WHAT? HE RECEIVED NOTHING, ZILCH, NODDA, NIL, NOT A SINGLE FREAKING WORD, ON TEXT, IN WRITING, BY PHONE, NOTHING! I AM VERY SERIOUS ABOUT FILING A CLASS ACTION AGAINST T-MOBIL. IT TAKES ONLY FIVE PARTIES TO FILE A CLASS ACTION, AND I HAVE WELL OVER THAT. BUT, I WANT TO GIVE EVERY SINGLE PERSON THAT HAS BEEN PUT THROUGH WHAT T-MOBIL HAS PUT ME THROUGH, OVER  THE PAST, AT THE MINIMUM 15 YEARS, THE OPPORTUNITY TO GET THE SATISFACTION OF SEEING THAT T-MOBIL WILL NEVER DO THIS TO THEM, OR ANYONE ELSE AGAIN! E-MAIL ME, IF YOUR IN.  I LIVE IN THE UNITED STATES, WHERE SCAMMING IS ILLEGAL AND WHETHER OR NOT YOU BELIEVE WE CAN, C A N!!!!!! PUT A STOP TO THE WORLD WIDE SCAMMING OPERATION T-MOBIL HAS BEEN AT THE ROOT OF FOR MANY YEARS NOW, BELIEVE IT! ENOUGH IS ENOUGH!!!!  JOIN ME IN ENDING THIS NIGHTMARE, T-MOBIL HAS PUT MILLIONS OF EVERYDAY, LAW ABIDING, CITIZENS LIKE YOURSELF, THROUGH! LETS DO IT!!!
    cullenhouse@hotmail.com                                              Sincerely Submitted;
                                                                                           Debra J. Cullen

    • Choper190

      hi Debra, I was unaware of a lawsuit for T-MOBILE until this weekend. its about time, ive had all the same problems and then some. My husband & I own a business and have Co phones and dont have time for all the BS we get or lack of from T-Mobile. I also have a Galaxy Pad. it all runs very slow or no service at all. We didnt know how we were gonna get out of these contracts, to switch to another carrier. But hopefully u have the answers;) Please let me know how I can active in this too. Ive had it!!!….. Thanx, Lita

      • Kira

         On May 18th I called customer care to try and take advantage of the bogo deal on smartphones that is currently running(you have to pay full price upfront for both phones but then get a rebate for the 2nd phone in the form of a visa), Tmobile told me that my phones would arrive by May 23rd so I went ahead and paid for them via customer care. Then the next day, I got a text saying my phones were on back-order…INDEFINITELY! ! I was furious! I told the representative when I was ordering the phones that the ONLY reason I was upgrading was because I am leaving the country really soon and need the phones before I go. I was assured that my phones would be at my house by the   23rd. So, when I saw the text about the indefinite back-order, I called Tmobile to see what was going on. They told me that even though my phones are on back-order, they had already charged my card for $630 and if i wanted to stop payment, it would take 30 days for me to get my money back!! So now, If I want my phones, I can try to go to my local store and get them, but I will have to pay again..thats a total of $1130!! And because they already charged my card for items they DONT EVEN HAVE IN STOCK and changed my account, It now looks like I am not illegible for upgrade anymore, so If I did go in store, I would not get the bogo deal on my phones. I am furious. I want to start a class action suit and recruit as many disgruntled customers with legitimate claims as possible! my email address is acf7c5@umsl.edu please contact me. I am very interested in either joining a law suit or starting my own! They cannot be allowed to continue such underhanded dealings!

      • Jay

        Kira – I hope you were able to escalate this travesty and get your phones or a refund quickly. I would like to speak to you either through e-mail and eventually on the phone

        Jay David
        Consumer Solutions

    • Glove_1966

      Dear Debra, I have been searching the web for a class action suit in my area (brooklyn,Ny) for a while now. I have been with T-mobile for almost 10 yrs and every year it has gotten worse .I am so frustrated and ready to fight them with everything I have. Please contact me at glove_1966@yahoo.com with any details you have or if I can assist in anyway> Let the games begin!!   Thank you, Lisa Grande

    • Siboil

      I seriously agree… I just got screwed into having a $658 bill after a sales associate lied to me inorder to lure us into buying smart phones… and the phones hardly work half the time but yet we paid @ace7b2f5d32d9c20c8bcfc827c50da8c:disqus 200 for BRAND NEW phones and get sent refurbished phones.  In addition to that I had over $150 in extra charges to a bill before and my phone was broken and they had to ship me a new phone… during that time they showed on my bill where I was sending text message and they said I must have used the sim in another phone.  They wouldn’t send me a loaner phone so I actually went to walmart and bought a prepaid AT&T phone to use and it was over a week before I had my phone from TMOBILE to even use….I’m with you 

      • Siboil

        don’t know what the email is about… its suppose to be a dollar sign???

    • Jaquelynballard17

      I agree, I would be more than wiling to be included in the class action.  A CSRepresentative of Tmobile promised me one month of free data usage when I complained of dropped calls and text message arriving a day or 2 later.  When I received the next bill I was charged for data usuage.

    • kira

       On May 18th I called customer care to try and take advantage of the bogo deal on smartphones that is currently running(you have to pay full price upfront for both phones but then get a rebate for the 2nd phone in the form of a visa), Tmobile told me that my phones would arrive by May 23rd so I went ahead and paid for them via customer care. Then the next day, I got a text saying my phones were on back-order…INDEFINITELY! ! I was furious! I told the representative when I was ordering the phones that the ONLY reason I was upgrading was because I am leaving the country really soon and need the phones before I go. I was assured that my phones would be at my house by the   23rd. So, when I saw the text about the indefinite back-order, I called Tmobile to see what was going on. They told me that even though my phones are on back-order, they had already charged my card for $630 and if i wanted to stop payment, it would take 30 days for me to get my money back!! So now, If I want my phones, I can try to go to my local store and get them, but I will have to pay again..thats a total of $1130!! And because they already charged my card for items they DONT EVEN HAVE IN STOCK and changed my account, It now looks like I am not illegible for upgrade anymore, so If I did go in store, I would not get the bogo deal on my phones. I am furious. I want to start a class action suit and recruit as many disgruntled customers with legitimate claims as possible! my email address is acf7c5@umsl.edu please contact me. I am very interested in either joining a law suit or starting my own! They cannot be allowed to continue such underhanded dealings!

  • Crwfan

    T-mobile
    used be different from some of the other telephone companies who
    ripped off their clients. I guess this is what happens when we people
    make tons of money. they no longer treat their clients the way the
    used to and don’t see the need for that any more. they think the
    company become super rich and can no longer give a damn about so
    called customer. I always have had basic simple plan with T-mobile
    500 minutes $34.48 cents including tax a month. On Jan this year
    T-mobile charged me $76 for traveling to Canada and making 3 one-two
    mins calls and when I called them how that could be right the
    customer care could not come up with correct calculation and
    transferred me supervisor, the supervisor agreed to refund me $38
    then transferred me to an automated system that wants to sign me up
    for 2 years contract when I did not press any key the supervisor that
    I didn’t knew that was still on phone with me spoke and said you have
    to follow the instructions and I explained to her that I don’t want
    to sign any contract she then clearly replied “that is the only
    way we can refund your money” I was shocked. And most recently I
    bought a HTC phone and T-mobile automatically started charging me $25
    for data + $16 that they have said I signed first flirt which is not
    accurate, and $ 3.80 cents fo19 text messages that I didn’t use.
    T-mobile billed $79.85 to an expired Debit card that I placed a
    discontinuation request from previous months. The account had no
    sufficient fund at the time of ACH. After long conversation with
    T-mobile in regard to this matter, T-mobile said that they going to
    give me $17.95 credit for the site they said I visited, and advised
    me to bring the NSF fee statement from the bank to any local T-mobile
    store for refund. When I presented the $36 NSF fee statement to the
    store; they first refused and after I explained to em they made a
    phone call but the person on the other end of the of the call put
    them on hold for more then 30 minutes when I couldn’t wait I was
    given a manager’s card to call and see if the refund or credit were
    issued. Next day I called customer care center and some how they knew
    the issue and they can see my phone number therefore T-mobile avoided
    answering my call and I was on hold for an hour and twenty minutes. I
    was so pissed off but when they finally came to the phone I didn’t
    scream nor yell at the poor lady who was being told what to say to
    me. I asked the lady if the $36 + 17.95 credit is been applied to my
    this month’s bill of roughly $60 ($34.48 for 500 minutes and $25
    unlimited data, Crazy I know) which was due on the14 which was12 days
    away. The lady first told me I was given a $38 credit and my current
    bill has been reduced to $50.08 cents. I told even if I were given
    that amount my bill would been 22bucks. the lady told me that I have
    had a previous balance which is absolutely incorrect because they
    have been deducting monthly payments from this account that I
    repeatedly told em to discontinue therefore there was no previous
    balance on my T-mobile account what so ever. the customer care
    indicated to me that some one from T-mobile we call me to discuss the
    issue . It has been two days now and I am still waiting for that
    call. We need to do something about this bullying and abuse.

    • kira

      The same thing just happened to me today!! Also, in addition to that, on May 18th I called customer care to try and take advantage of the bogo deal on smartphones that is currently running(you have to pay full price upfront for both phones but then get a rebate for the 2nd phone in the form of a visa), Tmobile told me that my phones would arrive by May 23rd so I went ahead and paid for them via customer care. Then the next day, I got a text saying my phones were on back-order…INDEFINITELY! ! I was furious! I told the representative when I was ordering the phones that the ONLY reason I was upgrading was because I am leaving the country really soon and need the phones before I go. I was assured that my phones would be at my house by the   23rd. So, when I saw the text about the indefinite back-order, I called Tmobile to see what was going on. They told me that even though my phones are on back-order, they had already charged my card for $630 and if i wanted to stop payment, it would take 30 days for me to get my money back!! So now, If I want my phones, I can try to go to my local store and get them, but I will have to pay again..thats a total of $1130!! And because they already charged my card for items they DONT EVEN HAVE IN STOCK and changed my account, It now looks like I am not illegible for upgrade anymore, so If I did go in store, I would not get the bogo deal on my phones. I am furious. I want to start a class action suit and recruit as many disgruntled customers with legitimate claims as possible! My email is acf7c5@umsl.edu please email me if you are interested.

    • Jay

      Think of it this way – they only need to “overcharge $1.00 per customer to make tens of millions more each month. Where are the “regulators” to regulate these thieves? Its a free for all out there and the bully is stealing your lunch money. what do you do about it? I encourage everyone with a complaint to file with the BBB, your state attorney general, utilities commission and on-line as you are here. When enough complaints pile up the state attorney general will take action.
      Your state assembly or congress person can also help. It is time to be heard as a loud voice and to hold our elected officials accountable. To make this a better place for us and our children – not just for them and their outrageous retirement packages that are bankrupting our cities and states.

  • TOC

    We’ve had T-Mobile for years and went month to month when our contract expired.  We got tired of the “no cell” service (even in our house), dropped calls, etc.  We switched to AT&T as we got a discount through my husbands work.  Got my final bill from T-Mobile and for those who want to switch “Company Policy” is to charge you the full billing cycle even if you only have them for 1 day or 15 days.  So those wanting to switch your phone number over to another company, make sure you time it correctly or you will have to pay for a full month even though you are not on their service.

  • TOC

    We’ve had T-Mobile for years and went month to month when our contract expired.  We got tired of the “no cell” service (even in our house), dropped calls, etc.  We switched to AT&T as we got a discount through my husbands work.  Got my final bill from T-Mobile and for those who want to switch “Company Policy” is to charge you the full billing cycle even if you only have them for 1 day or 15 days.  So those wanting to switch your phone number over to another company, make sure you time it correctly or you will have to pay for a full month even though you are not on their service.

  • Walkercaleena

    I have Tmobile and recently was lied to by the sales associate to bait me into upgrading my two lines and buying expensive smart phones that required data packages BUT the associate PROMISED over and over that she could give me a unlimited plan for all my lines and EVERYTHING was unlimited.  Text, talk and data all unlimited for only $143 a month plus tax.  Considering I was paying more then that and didn’t Have unlimited we did it.  I made her even write down line for line what the charges were and asked over and over about any probationary periods or hidden fees and NOTHING.. SHE ASSURED me and my parents that the bill would only be $143 Plus tax and we would only have extra charges if we bought any ringtones or anything..then my bill comes and its $658 and the plan she had offered doesnt even EXIST!  Its called “Bait and Switch” its fraud and its ILLEGAL!  We had no intention of upgrading to smart phones until she offered the plan and told us it would be cheaper….. Infact the plan I have now is 1000 classic minutes for each line!  NO UNLIMITED… 

    • Jgceclewis

      Happened to me too!! see my post above about the this crap where they say they cant track down what the agent supposedly NOTATED on my account. They are a bunch of liars!!!!!!!!!!!!!!!!!!!!!!!We need an attorney. We got class action. Somebody do something!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

      • Kira

        The same thing just happened to me today!! Also, in addition to that, on May 18th I called customer care to try and take advantage of the bogo deal on smartphones that is currently running(you have to pay full price upfront for both phones but then get a rebate for the 2nd phone in the form of a visa), Tmobile told me that my phones would arrive by May 23rd so I went ahead and paid for them via customer care. Then the next day, I got a text saying my phones were on back-order…INDEFINITELY! ! I was furious! I told the representative when I was ordering the phones that the ONLY reason I was upgrading was because I am leaving the country really soon and need the phones before I go. I was assured that my phones would be at my house by the   23rd. So, when I saw the text about the indefinite back-order, I called Tmobile to see what was going on. They told me that even though my phones are on back-order, they had already charged my card for $630 and if i wanted to stop payment, it would take 30 days for me to get my money back!! So now, If I want my phones, I can try to go to my local store and get them, but I will have to pay again..thats a total of $1130!! And because they already charged my card for items they DONT EVEN HAVE IN STOCK and changed my account, It now looks like I am not illegible for upgrade anymore, so If I did go in store, I would not get the bogo deal on my phones. I am furious. I want to start a class action suit and recruit as many disgruntled customers with legitimate claims as possible!

  • Brooklyn grandma

    I am a retired senior citizen who finds herself unable to stop the unsolicited text messages that arrive on my no contact, pre-paid plan with T-Mobil.  In spite of the fact that I immediately registered my brand new cell phone on the Do Not Call list (the Christmas wrapping paper was off the box all of 5 minutes!), I am receiving spammed TEXT messages–which eat into my pre-paid minutes.  T-Mobil says it can’t help me, but the ability of spammers to deplete the minutes I already paid for should be illegal!  

  • http://pulse.yahoo.com/_EZ6RFNLDT2RJSA3K6X5NSISJ3I fidel

    How sad its not just T mobile Its the whole US phone industry that gets away with this and for few penny’s they buy our politicians and regulators and go non stop at screwing American public.

  • Jon Scott

    I don’t use the Galaxy but I have the G2 (I know fancy right) well i have gone through 5 phones returning and sending back out to me, i paid $430 each of the two phones for both my lines. They sent me back refurbished phones (obviously not worth $430 any more), and the last time didn’t send me the UPS return slip. Because of that and being given the run around for 3 months i finally got the address to send the phone to, the charge of $430 sat on my phone for another 2 months, they disconnected my service and over the course of four calls with 3 promised call backs I finally got the charge off my phone. Only problem is they suspended my account twice in one month and 3 other times before that during this whole issue. Come to find out you get charged $20 per line every time ur phone is suspended… now I have to pay them $200 for all the suspensions that haven’t shown up until today, suspensions made on their error… should I file a claim against them and has this happened to anyone else? Oh and did anyone else get the mailer that said they are going to be pushing up the billing date by 4 days recently? I didn’t. I also don’t get text notifications or email notifications that I have a bill due. So here I am doing their job in the billing department by having to go through whatever means it is to find out what I owe… they are a bunch of bitches.

  • Dobie53

    I purchased my galaxy S which gave me the ability to tether via wi-fi. I have been using it for 6 months. Now the sons of Tmobile are going to start charging in September $14 to tether. I believe since that was one of the features that sold me on the phone that I should be grandfathered in and I should not have to pay the new fee. I’m thinking of starting a class action against them. Do I have a point?

    • realtytuck

      OMG, I don’t believe I am reading your complaint right now! This very thing happened to me. I complainted to BBB thinking I clearly stated why I was right but continued to get shot down in T-Mobiles response. Now the BBB says there is nothing additional that they will require T-Mobile to do for me. This is a BS to me, something needs to be done, they are getting away with this bate and switch stuff and just like you; that ablility to use the Mobile AP sharing feature also sold me too. As soon as the 14 termination period end for me they sent a text stating I needed to get a plan that would cost 14.99.

      • Jgceclewis

        they dont support the product. they lie about what you will be charged when adding lines, and then wont reverse the charges!! you go to verify a conversation…and they say its not on record. the only thing on record is your purchase, not the so called note  they made to your account regarding billing ..and billing cant interface with cust. service on the sales side to verify transactions!!!!!!!!!!!!!!!!and have you noticed all the cust. support people sound like they are in INdia?!!!!!!!!!!!!

    • Jay

      You are probably under a contract for two years. I don’t think they can charge you while under a contract unless they give you the opportunity to cancel your contract without a early termination fee.

  • Dustbuster

    what can I say..This never happend in Europe and I think it will never happend because carriers respect their customers. I am at the 3-rd android phone and never had any sort of issue. Now I own a SGS2 and is just great..no complaints at all. 

    • http://pulse.yahoo.com/_3EZYUVXCO6LI6DKTQ34X7CZ2UQ Phillip

      “carriers respect their customers” – What universe do you live in?  In mine, carriers don’t give a rats-ass about their customers… just so long as they don’t start leaving in droves.  Then they would care.

  • The Fast

    T-mobile stills sux!  Just that they are only getting worse. 

  • Jostrada
  • Kira

    my email is acf7c5@umsl.edu Please email me if you are interested in joining a class action suit with me! We deserve not to be lied to.

    • puto

      do it

  • Ndiappidonatien

    Well i think i found the right place for my problem with T-mobile, I have been with T-mobile for nearly 8 years. T-mobile customer service are well known to be dishonest all the time

    I experience too much problem with T-mobile, when call to get the problem solved, all they will do is keep transferring the call until i give up and they always promising to do something which they never did.

    I have got a copy of the phone conversation i recently had with T-mobile customer service which they promise to take care of the problem but they never did.

    I am here by joining this law suit.

  • Ndiappidonatien

    I once bought a side kick 3 from T-mobile, i used the phone for about four years.  Two years ago side kick 3 service was no longer available and T-mobile failed to notify customer about the stop on side kick 3 service. when asked why they never inform me before stopping the service? they said they did inform me three months ago which i never get it.

    I had to pay for a new side kick 4G which is the lamest phone i ever seen. I was told to sign up a $50 contract which will be refund after three months of using the side kick 4G, after three months i asked them  for the $50, all i could get was that they are unable to pay me the $50 due to the fact that I’m not signed to the voice service, I’m only signed to the text and internet service, By the time of signing the contract, they know my plan is only signed to text and internet service, why did they require me to sign the contract? Another dishonest.

    After using the side kick 4G our agreement monthly payment was 40.99 for Internet and text only, Three months later, i started receive a billing of $62.00, i keep paying $62.00 for four months, then i realized that something wasn’t right, i called T-mobile to find out why my monthly bill went up? they said i was using the MobileTV which i have no idea about. i told them to put an immediate stop on that nonsense and refund all the money they had  been collecting from me. they promised to do as i said, and they also say it will take effect in the next three weeks, three weeks pass my next monthly billing paper still include $62.00, i called again and ask them why they didn’t stop the payment for the MobileTV? they said the person i spoke to forgot to submit the information after writing down, I gave em another warning that i was going to sue them if they don’t refund my money and put a stop on that service, the next month billing still include $59.00 i was like what the fuck is wrong with those people? i called again and ask them to refund all my money, the person i spoke to said they MobileTV are responsible for the payment made to them, they even provide a number for me to reach mobileTV which i did but mobiletv told me that they don’t take any payment that all payment is made directly to Tmobile and that they are only technical support, i called Tmobile again, and they transfered me to their financial department which they promised to refund all the money in three weeks i also warned them that if they don’t refund, i will not call again next thing will be going to court and file a suit against them, they said they will take a note of that, i even have a phone record of the conversation i had with them, it s been nearly one year today they still haven’t refund a cent.

    The side kick 4G network is complete poor, I have to send a text two times before a person will get it, sometime they mightn’t get my text, signal are often low. i have gone to local t-mobile store to get this fixed but they keep telling me stories and charging me to replace a sim which it s not the problem. i have a brand new sim in my phone but network still suck.

  • Ash

    Is there still a lawsuit going on?, If so i would like to join.

  • http://twitter.com/CaptBuck CaptBuck

    You should include owners of Galaxy Tab GT-P1010 in the lawsuit as well. We have been promised updates and the have been released overseas but none in the U.S.