A class action lawsuit filed in Yolo, California claims that T-Mobile deceptively marketed its mobile phone data plans as unlimited, while capping data at 10 or 5 gigabytes before cutting off access to the 3G network and drastically reducing speeds. The suit claims that the plan was falsely represented as unlimited.
Trent Alvarez, the plaintiff, bought three T-Mobile smart phones last year that required him to agree to a two-year contract.
"Nowhere on this contract does T-Mobile disclose its invisible data cap," Alvares claims in Yolo County Superior Court, and the company presented the plan as "unlimited," and the sales rep didn't let him know about the data limit.
The customer did not know about the cap, until T-Mobile sent him a text message stating, "Your data usage in this billing cycle has exceeded 10GB; Data throughput for the remainder of the cycle may be reduced to 50kbps or less."
The slowing of data meant he couldn't perform functions promised in T-Mobile's ads,such as sending emails, downloading music and videos, and uploading photos and applications, all at blazing fast speeds.
The plaintiff claims he is locked into a two-year contract unable to experience the unlimited data services T-Mobile promised.
The suit requests an injunction preventing T-Mobile to deceptively advertise its data plans. It also asks fro restitution for false advertising and disgorgement of all profits T-Mobile made from selling the "unlimited" plans.
The suit was brought by Jenelle Welling with Green Welling.