T-Mobile in court over unlimited data plan?

It’s not every day we get to see the small people “sticking it to the man”, yesterday proved to be one of those days. A class action lawsuit was filed against T-Mobile yesterday in the good ol’ state of California. The lawsuit stems from one customers experience with T-Mobile and there “unlimited” data plans.

The issue here is that supposedly T-Mobile markets their plans for certain phones as unlimited and then essentially caps the plan after the customer is signed on. The suit was filed in the Yolo County Superior Court yesterday and stated that T-Mobiles marketing or advertisements of “Unlimited Web & E-mail” for certain smart phones including Blackberries, is essentially just not true. Trent Alvarez who is the man behind the suit found himself signing up for one of these smart phones with unlimited data, only to be capped somewhere down the line. Alvarez bought two smart phones last year under new two year contract terms. According to the filed suit Alvarez was told at the time of purchase that the plan was to be truly unlimited. “expressly represented … that the data plan [Alvarez] was to receive would be ‘unlimited,’” Sounds fair enough right? I think the majority reading this might have been in this situation in the past.

The story takes a turn however, in May 2010 Alvarez received a text from T-Mobile letting him know that his data usage for the billing cycle has exceeded 10GB and would need to be capped. The text 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 then called T-Mobile to request these caps be lifted; unfortunately however the T-Mobile representative did not comply.

Alvarez must be a heavy user as according to the suit capping his data makes his phone “essentially useless for anything other than making or receiving phone calls and text messages.”

Good luck Trent, fight the good fight. It should be noted that suits like these appear regularly, and back in 07 Cuomo, made Verizon pay out about 1 million bucks to customers that had contracts cancelled. But in this new world, these large companies should not be able to hide behind there amazingly small fine print. Its 2010 guys, people need their data.

Tell us what you think, has your carrier not been upfront with you and your data?

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