T-Mobile USA, Inc. Contradicts Federal Law Bellevue, Washington

In Feburary I contacted T-Mobile Client Care to inquire about pricing on a phone if a new line was added. At the end of the call I distinctly instructed the rep not to open a new line. Imagine my surprise when I received notification that my new line was activated. I instantly called client care and canceled the plan and informed the rep that I did no request to open the line up.

I was further surprised when I received the phone I inquired about in the mail. I called T-Mobile again and they quickly informed me that the phone will need to be returned ASAP. When I indicated that I would not be able to return the phone in a timely manner I was told by a supervisor to either skip class or take time off work and get them the phone. Following the call I came across the FTC's rules on Unordered Merchandise and it indicated that I was within my rights to consider this a gif. I sent T-Mobile Executive Support the following e-mail detailing my intentions with the phone and my experience with their customer support:

To Whom It May Concern,

My T-Mobile phone number is xxx-xxx-xxx. Friday February 22, 2008 I received a text message on my phone indicating that my new line had been activated. Two days prior I had contacted T-Mobile Customer Support and inquired as to pricing on a T-mobile dash if I added a new line to my account. I distinctly said to the representative, Beverly, that I did not want to activate at this time and would at a later date. Having not requested a line be activated I was naturally alarmed and I immediately called into support to straighten out the situation. After 30 minutes on hold and being transferred from representative to representative, I was finally able to cancel the erroneous line added to my account.

Had this been the only issue, I would not be writing to you. Today I received a package containing a T-mobile Dash, which I am assuming is to go with the line that was erroneously added to my account. Like many other people I lead a busy life, working full time and attending College courses full time. I called into your support line again to inform them that I was a busy person and will not be able to return the package. After speaking first to xxxx she informed me that I had to get the package back to your company. I then spoke to yyyy, xxxxx's Supervisor, who was equally unsympathetic to my situation and stated my only option was to find some way to return the package weather it meant I had to take time off work or skip a class and pay for postage.

I understand that mistakes happen however your clients should not have to suffer for the Company's mistake. I have been a customer of T-Mobile for 2 years and was pleased enough to recently renew my service contract with your company for another 2 years. However, these two interactions has left me with the impression T-Mobile reps are potentially untrustworthy and has left me seriously considering if I made the right choice to renew my agreement with your company. Furthermore, I am equally disappointed that a supervisor was unsympathetic to my situation and was equally unaware of the Federal Trade Commission rules regarding Unordered Merchandise.

Since I distinctly did not wish to order these services nor this merchandise I am providing your company with notice that I am invoking my rights under the Federal Trade Commission rules regarding Unordered Merchandise. Since the T-mobile was sent to me erroneously, I will consider that the T-mobile Dash was mailed to me as a gift. For your convenience I have provided you with the information I obtained from their website located at http://www.ftc.gov/bcp/edu/pubs/consumer/general/gen06.shtm:

Unordered Merchandise
If you receive merchandise you didn't order, federal law says you can consider it a gift. You can't be forced to pay for the item or return it.
If you decide to keep the merchandise, you may want to send the seller a letter stating your intention, even though you're not legally obligated to do so. Your letter may discourage the seller from sending you repeated bills, or it may clear up an error. It's a good idea to send the letter by certified mail and keep the return receipt and a copy of the letter. These records will help you establish later, if necessary, that you didn't order the merchandise.
Two types of merchandise may be sent legally without your consent: free samples that are clearly marked as such; and merchandise mailed by charities asking for contributions. In either case, you may keep the shipments.
Please adjust my account information accordingly and feel free to contact me to further discuss this issue.

Thank You


Kim

Today I checked my account balance online and found that I had been charged for the phone. I called customer support asking to have the executive support rep contact me and apparently T-Mobile takes the idea of the right hand not knowing what the left hand is doing to the extreme because Client Care has absolutely no contact information for anybody in executive customer support and constantly told me to e-mail executive support again. So I wrote this e-mail:

To Whom It May Concern

I sent a communication to your company March 9th 2008 regarding my issues with your company and your support reps. To refresh your memory I have included the e-mail below. The only response that I have had on this is a voice mail message from Maria at executive support indicating that my issue was being researched.

Today I logged into your website to check my account and was shocked to find my bill 200 dollars more than it normally is. I instantly called T-mobile Client Care to determine the cause of this charge, the extra charges related to the phone in question. I spoke with xxxxx Operator Number xxxxxx, and was informed that there was no way for client care to reverse the charges. After explaining the situation and the Federal Trade Commission Rules regarding Unordered Merchandise I was met with an unsympathetic response of "Return the phone if you don't want to be charged. There is nothing I can do for you." I asked that there be some way to put a communication to Maria to have her contact me on Monday so that we may discuss the situation further and was met with a response indicating that there was no way for client care to get into contact with Executive Support.

I am deeply concerned that while my issue is being investigated I am forced to pay the charges for this phone that according to my Rights under Federal Law indicate should be my property free of charge. This action strikes me as a bad faith gesture on the part of T-mobile as my issue is being reviewed and investigated. However what is even further troubling is the fact that I am unable to get into contact with the person handling my issue unless by e-mail and have to wait 3-5 business days before I can be contacted. Reading through the guidelines regarding Unordered Merchandise it was also indicated that I did not have to notify T-Mobile of my intentions to consider this phone a gift and did so as a good faith gesture between our two parties and not have this issue escalate further than it is necessary to go.

I respectfully request to have Maria contact me as soon as possible so that I may discuss this issue with her further. My mobile phone number is xxx xxx xxxx. The best time to contact me is after 5 P.M. Pacific time.

Thank You,

Kim



Am I in the right to consider the phone as a gift?

Kim
Fountain Valley, California
U.S.A.

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