Federal Court Hangs Up on T-Mobile's Motion - SMS Case Moving Forward

T-Mobile cell-phone users won an important victory today in our case to protect them from unwanted text-message charges. To recap, we represent a group of T-Mobile customers who are upset that they have no way to completely turn off the text messaging services from T-Mobile phones.

This may not seem like a big deal at first glance, but it is and here's why: since customers can't turn off the SMS function - sometimes called SMS - they are on the hook for unwanted or unsolicited messages, no matter the number of messages. So when a spammer sends ads for smaller mortgages or get-rich-quick schemes, it is the consumer who is charged for the privilege of receiving the spam, even if you don't open the message.

Other wireless providers allow consumers to completely turn off the SMS function. Why doesn't T-Mobile? Well, we have our suspicions. If you figure that T-Mobile makes somewhere between $0.10 and $0.15 per text, well, it can add up when you consider the company has 27 million subscribers. We are hearing that T-Mobile is going to hike the price shortly to $0.20 per message.

T-Mobile customers have two options. They can sit back and pay for the unwanted text messages, or they can switch carriers - which often results in hefty termination fees. Sounds like a Catch-22, doesn't it? Pay one way or pay the other, but pay you will.

So back to the court ruling: T-Mobile obviously disagrees with our point of view, and asked the U.S. District Court to toss out the suit. T-Mobile used a fairly arcane legal argument, claiming our case was flawed in the way we made the allegations. The court wouldn't bite - it rejected T-Mobile's motion entirely, and is allowing the case to proceed.

We are still very interested in hearing from other T-Mobile customers who were charged for a text messaging service they didn't want. You can reach us at (206) 623-7292, click here to join this suit, or e-mail [email protected].