Kehoe Law Firm, P.C. is making consumers aware that on May 28, 2019, a class action complaint alleging violations of the Telephone Consumer Protection Act (“TCPA”) was filed in United States District Court for the Northern District of Georgia, Atlanta Division, against T-Mobile USA, Inc. (“T-Mobile”) “. . . challeng[ing] T-Mobile’s practice of sending unsolicited text message calls for telemarketing purposes without instituting procedures for maintaining a list of persons who request not to receive such text message calls.”
The Plaintiff, according to the complaint, “. . . signed up for T-Mobile’s cellular service in December 2018. Since then, he has repeatedly received text message calls—including texts for telemarketing purposes. On multiple occasions, Plaintiff asked T-Mobile to stop sending his family and him text message calls, but T-Mobile has not stopped. In fact, T-Mobile responded that it is unable to stop its ‘system-generated’ text message calls.” [NOTE: The class action complaint notes that the Plaintiff opted out of T-Mobile’s arbitration procedures for dispute resolution in January 2019.]
According to the complaint:
Shortly after receiving the first unwanted text message call from T-Mobile in December, Plaintiff accessed his account preferences to opt out of all alerts and messaging from T-Mobile, but continued to receive text message calls from T-Mobile.
In or around late December, Plaintiff called T-Mobile customer service and asked T-Mobile to stop sending the text message calls, but continued to receive text message calls after contacting T-Mobile customer service.
On or around January 8, Plaintiff sent an email to T-Mobile’s CEO, John Legere, requesting that T-Mobile stop sending him unwanted text message calls.
A representative from Mr. Legere’s office responded and informed Plaintiff that the text message calls are automated and T-Mobile is unable to stop them from being sent. The representative, however, promised to take Plaintiff off the list for marketing text message calls.
After this exchange with the CEO’s representative, Plaintiff continued to receive marketing text message calls from T-Mobile.
Plaintiff sent another email to Mr. Legere’s office, again requesting that the text message calls stop.
The same customer service representative responded by email on January 12 and explained:
“System generated text messages from T-Mobile are intended to let you know of the benefits that are available to you. As we previously discussed, we are unable to stop our system from sending generated texts about your service. Please know that this is common upon activating new service and does stop with time.”
Consistent with these statements, Plaintiff still continues to receive T-Mobile text message calls. The text message calls are not limited to texts about his cellular service. He also continues to receive text message calls about promotional offers from T-Mobile. [Emphasis added.]
Additionally, the complaint alleges that “T-Mobile is aware of the TCPA’s requirement that it cannot send telemarketing text message calls without instituting procedures for maintaining a list of persons who have requested not to receive such text message calls and procedures for honoring those requests.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.