T-Mobile falsely advertised, on TV, promotion on unlimited 'everything'' with transfer of 4 lines from other carrier - for $120/month. Saying that charge was for 3 lines n 4th line was free. Now their billing section says it was only for 2 lines n there is additional charge for 3rd line, 4th line still free. Can T-Mobile be held liable for false advertisement? Possible class action as orhers are surely affected.
Is this really worth your effort? In any event, it's unclear why this under "criminal defense."
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Q: Do I have any legal recourse to file case of false advertisement against T-Mobile for offering 4 lines $120?
A: Beats me. I'm a criminal defense lawyer.
Perhaps you should re-post this question in a practice area other than "criminal defense"?
Can you hear me now? (Yeah, wrong carrier but I couldn't resist...).
Wishing you and yours the best of luck and I hope that I have been helpful in redirecting you to an answer to your question.
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It is not a possible class action, thanks to the U.S. Supreme Court, and all mobile services' insertion of an iron-clad arbitration with class action waiver clause in their TOS.
The above is general legal and business analysis. It is not legal advice but analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in Nevada. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Civil class action possible. However check the term
Of service. There is probably an arbitration provision It would take an experienced lawyer to deal with this matter
It is very unlikely you would be successful in suing T-Mobile , either individually or in a class action. This is because when you accepted their services, you agreed you would not sue them in Court and that you would not bring a class action against them.. Surprised? Most people are. Virtually every consumer contract contains a provision that forces the consumer to agree that any disputes will be subject to arbitration. Arbitration is a much more cumbersome process than litigation. Businesses like it because it is private, and they don't have to provide as much information about their business practices as they would in court. It is possible to have a class action in arbitration, but again, you gave up the right to bring a class action when you signed up for their services. If you think this is disturbing, contact your federal representatives and let them know that you oppose mandatory arbitration in consumer contracts.
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