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July 23, 2008 12:24 PM PDT

Judge allows texting suit against T-Mobile to move forward

by Kent German

A class action lawsuit against T-Mobile received new life yesterday after a Seattle federal judge ruled that it could move forward. The suit, which comes as text messages fees are on the rise, alleges that T-Mobile is allowing subscribers few options to avoid spam text messages. Since customers are charged for all incoming texts, whether solicited or not, the suit argues that subscribers must either eat the costs or end their service contracts early, which could result in an early termination fee of up to $175.

While some other carriers let customers block text messages completely, T-Mobile does not offer such an option due to "system restrictions."

Instead, subscribers most log in to their online T-Mobile account to set messaging filters. In a statement to RCR Wireless News, T-Mobile said it "is committed to providing the best customer experience in wireless and does offer customers the ability to block chargeable text messages, MMS, IM, and e-mail from being sent to their handsets at no additional charge."

Kent German is a senior editor for cell phone reviews at CNET. When he's not testing the newest handsets on the market, he's blogging about cell phone news for Crave. In his On Call column, he answers reader questions and gives his take on the rapidly changing mobile industry. E-mail Kent.
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by mrlightrail August 5, 2008 1:52 PM PDT
It's OK for T-mobile to discriminate against their prepaid customers, though.

Thank you for taking the time to contact T-Mobile. My name is Simon, and
I apologize for the delay in responding to your request. I would be
happy to help you today with your request regarding restricting text
messages from being delivered to your phone.

T-Mobile has, recently, introduced wholesale text messaging blocking for
our postpaid accounts; you are correct. However, John, this currently
does not apply to prepaid accounts. Outgoing text messages can be
blocked, but prepaid accounts must have incoming text message
capability. I apologize for the inconvenience.
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