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Report: #224329

Complaint Review: T-mobile - Albuquerque New Mexico

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  • Reported By: Tucson Arizona
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  • T-mobile Customer Relations P.o Box 37380 Albuquerque, New Mexico U.S.A.

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I have had several problems with the company ?The Mobile Solution? in it's in its actions as an agent of T-mobile, and the T-Mobile company.

First, on September 28, 2006 I went to their Park Mall location and was inquiring about one of their specials offered to customers that have had been T-mobile customers for at least a year. The special was that I could get a phone upgrade and get a rebate on that phone. I asked the salesman (Chris Erickson) several times whether I could end the new contract and return the phone within two weeks (October 12) if I wasn't satisfied with the phone or changed my mind. The salesman said several times that I could cancel the contract if I returned the phone in two weeks. His manager and other salesman were all there listening to the discussion so they were all aware of what was going on. On October 9th, 11 days later, I went to return the phone. The salesman said he would have to talk to his district manager. The salesman spoke on the phone with the district manager then said to me that there were stipulations stated in the contract that those upgrade promotions could not be cancelled; and the salesman turned to the second page of my contract and circled the paragraph which stated those stipulations.

The problem is that I never signed that contract; I was never even shown that page of the contract. There is no signature in the space provided for my signature. Chris Erickson slipped the page between the other two pages and stapled it together when he gave me the packet because he knew that I would not sign the contract as it was written; and that if I was not satisfied I would come back and return the phone. The contract extended my membership with t-mobile for two more years and I didn't want that. I left the phone at the Park mall location and immediately called t-mobile. I faxed a copy of the contract to t-mobile and they never got back to me and they are still binding be to the two year contract. I called the customer service at The Mobile solution and they refuse to help me; all they said is that I should have taken the phone with me because now they have it and I have no proof that I returned it. I want out of my contract with t-mobile because they refuse to assist me; and The Mobile Solution, acting as agents of t-mobile, lied about the contract. Chris Erickson's manager along with other employees of The Mobile Solution were all there and knew that this employee was lying to me along; besides the fact that I never even signed the contract. I still have the original contract.

The Mobile Solution, acting as agents of t-mobile, are guilty of fraud; they made a fraudulent misrepresentation of the contract in that Chris Erickson and his manager lied to me when I asked if I could return the phone in two weeks (a material fact) and they said I could. The scienters, Chris Erickson and his manager who was there listening, were both intending to lie about a material fact concerning the contract. They both knew I wanted the option of returning the phone in two weeks and they told me I could, proving intention to deceive. I left the premises with the understanding that I could return the phone within two weeks if I was not satisfied via Chris Erickson and his manager. I was injured because I was forced to accept the deal with t-mobile or pay 200.00 per phone to cancel the contract. That would be 150.00 per month for two years or 1000.00 for all the phones on the account.

The Mobile Solution committed Fraud in the Inducement in that they knew that I wanted an option to return the phone and verbally agreed to it

The Mobile Solution is guilty of Fraud by concealment because they concealed the page concerning the inability of customer to return the phones in upgrade contracts.
I was also forced to accept a contract which I didn't agree to or sign, a possible Misrepresentation of Law in threatening my credit standing and fines due to not paying a bill which I didn't agree to.
There is no telling how many people have been victims of these scams and I am asking you to help stop them.

The second problem is that in December of 2005 I changed my plan with just two phones to a family plan with a maximum of five phones. I had previously lost my telephone so they just turned it off so no one could use it, and I got another phone and another number through the family plan with The Mobile Solution. I used my new phone and paid my bill every month with no problems. I decided to get copies of my credit report in November 2006 and there is a delinquent amount for 60.00 from t-mobile. If I got the bill I would have paid it, but I didn't get it. I called t-mobile and their collection department treats me like I am scamming them. I know the way phone companies work and if a customer does not pay their bill, their phone will be turned off until the bill is paid; our phones were never turned off and I was never alerted a having a delinquent with T-mobile. It turns out that T-mobile had sent a bill to a Hawaii address. There is person on my family plan that lives in Hawaii, but I pay all the bills on the family plan from here in Tucson. I believe that The Mobile Solution didn't connect with t-mobile and arrange for the changes in the account; T-mobile made a mistake in their billing department resulting in the bill not reaching me. I don't live in Hawaii, nor would I have a bill sent there. Could you please contact them and help me out with this? This has been on my credit report since December of 2005. I am trying to get student loans to finish my MBA program and this delinquent bill is stopping some of the loans. Their mistake is costing me hundreds of dollars in higher interest rates on my credit cards and lowering my credit score which is hindering my ability to obtain jobs because many employers in my field demand good credit and good credit scores in selecting applicants for hire. I am sure you are all well aware of how important maintaining good credit is today, and their mistake is the only blemish on an otherwise perfect report. I have worked very hard to establish this perfect record and T-mobile has ruined it.

I have another problem with T-Mobile and their ?family plan?. The rep I spoke to about the plan did not mention that it is a huge problem if all the phones aren't contracted at the same time. If I got all the phones at the same time, I could discontinue the plan after the 1 year contract was up and cancel all of the phones; however since I started the family plan with contracts in August, December and May of 2005, none of them end at the same time, so basically I am trapped in the family plan contract. I would eventually have to pay 200.00 per phone because I have to renew the contract every time the 1year anniversary arrives on each phone because the previous contract had to be renewed (renewing all the phones) or I would have to pay 200.00 for cancelling that specific phone contract. I spoke with a T-mobile rep and she agreed with me and said that she would try to help but of course it was like everything else they tell you, I am still stuck in the family plan with not enough money to get out and I want out, every one in the plan despises T-mobile and they all want out. I expect there to be a class action lawsuit soon because they can't keep getting away with this. Can you please help me with his problem?

I want out of my t-mobile contract because they allow unscrupulous agents to represent them and they offer absolutely no assistance in resolving these matters. I believe that The Mobile Solution, acting as agents of T-mobile, and the T-mobile company has lied about their contract as well as made grievous mistakes in conducting their business. I want out of my contract with T-mobile and The Mobile Solution and I would like to be compensated for their lies, errors and unscrupulous behavior. Please help me and stop them from hurting anyone else.
Thank-you

Mark
Tucson, Arizona
U.S.A.

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This report was posted on Ripoff Report on 12/08/2006 12:18 AM and is a permanent record located here: https://www.ripoffreport.com/reports/t-mobile/albuquerque-new-mexico-85716-7380/t-mobile-ruining-my-credit-and-allowing-agents-selling-their-service-to-commit-fraud-tusco-224329. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
9Consumer
0Employee/Owner

#9 UPDATE Employee

it doesnt matter if you agree with crystal or not, its the way it works.

AUTHOR: Airbag22 - (U.S.A.)

POSTED: Tuesday, September 04, 2007

It sounds to me like you may have dealt with a less than reputable authorized dealer. its definietly up to the consumer at that point to do the research and read the contract carefully in order to make sure that you agree to all the rules stated, even if it means holding up the line and upsetting the rep or not singing the contract at all under the pressure.

It goes the same way in many different businesses. If WalMart sells you a Sony TV with sandbags inside of it and doesnt honor the return, you cannot bring your claim to Sony directly. You bought the TV from an dealer who ripped you off, deal with them, if they are unwilling to help you then bring up your matters with the BBB on THEIR company, not the manufacturers or service providers.

Also, the way T-Mobile staggers your contract dates when you renew on the respective lines is a benefit to the customer. if you change the plan upgrade a handset on a line and all the lines renew, you pay $200 ETFs on all of the lines if you cancel before the contract is up, which is clearly the rip off. T-Mobile's contract system avoids that, making it a clear benefit to the customer.

The reality is that you were screwed by the policy of the mobile solution. T-Mobile had no part in the secondary contract (which is what it sounds like you signed, but i might be wrong) with the mobile solution. within your 14 days you may reverse the contract with tmobile customer care. whether the mobile solution wants to charge you a penalty for that is clearly between you and them. it should all be there in the contracts which to me sounds like you failed to read carefully.

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#8 Author of original report

Get your business straight

AUTHOR: Mark - (U.S.A.)

POSTED: Monday, August 20, 2007

I have talked to the t-mobile rep 3 times and they said that all the contracts will be over in October of this year, not December. I will almost guarantee you that they will try to scam me again. I was told by your reps time and time again that I would have to pay the 200 dollar cancellation fee. I am not really interested in who agrees with Crystal, I know what they have threatened me with over and over again; and it is a scam. I contacted both the FCC and Better business, however due to a bad auto accident, I was unable to continue; however, I'm back! I have on my phone calendar the dates I was previously told by your reps when my contracts would end and it doesn't match either of the December, or October dates you people are telling me. You are also responsible for the lies and wrongs of your agents, namely The Mobile Solution, and I would appreciate your cooperation in dealing with them also; not just passing the buck.

I will not stop until you stop lying and cheating your customers, that is a promise from an United States Marine with more diligence and integrity than anyone you know.

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#7 UPDATE Employee

I agree with Crystal

AUTHOR: Jimbo831 - (U.S.A.)

POSTED: Thursday, August 09, 2007

Crystal is definately right. You are not required to extend your contract when it runs up.

Normally I almost always feel that consumers are misinformed about most discrepancies but it sounds to me like you have a real gripe regarding your 14 day buyer's remorse period. That is actually a federal law or FCC rules or whatever that you have 14 days after purchasing a new phone to return it.

If you do so within that time period, your contract is reset and you are not charged for the phone. I would complain to the FCC or BBB regarding that issue.

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#6 UPDATE Employee

I agree with Crystal

AUTHOR: Jimbo831 - (U.S.A.)

POSTED: Thursday, August 09, 2007

Crystal is definately right. You are not required to extend your contract when it runs up.

Normally I almost always feel that consumers are misinformed about most discrepancies but it sounds to me like you have a real gripe regarding your 14 day buyer's remorse period. That is actually a federal law or FCC rules or whatever that you have 14 days after purchasing a new phone to return it.

If you do so within that time period, your contract is reset and you are not charged for the phone. I would complain to the FCC or BBB regarding that issue.

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#5 UPDATE Employee

I agree with Crystal

AUTHOR: Jimbo831 - (U.S.A.)

POSTED: Thursday, August 09, 2007

Crystal is definately right. You are not required to extend your contract when it runs up.

Normally I almost always feel that consumers are misinformed about most discrepancies but it sounds to me like you have a real gripe regarding your 14 day buyer's remorse period. That is actually a federal law or FCC rules or whatever that you have 14 days after purchasing a new phone to return it.

If you do so within that time period, your contract is reset and you are not charged for the phone. I would complain to the FCC or BBB regarding that issue.

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#4 UPDATE Employee

I agree with Crystal

AUTHOR: Jimbo831 - (U.S.A.)

POSTED: Thursday, August 09, 2007

Crystal is definately right. You are not required to extend your contract when it runs up.

Normally I almost always feel that consumers are misinformed about most discrepancies but it sounds to me like you have a real gripe regarding your 14 day buyer's remorse period. That is actually a federal law or FCC rules or whatever that you have 14 days after purchasing a new phone to return it.

If you do so within that time period, your contract is reset and you are not charged for the phone. I would complain to the FCC or BBB regarding that issue.

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#3 UPDATE Employee

etf fees

AUTHOR: Crystal - (U.S.A.)

POSTED: Sunday, April 01, 2007

"basically I am trapped in the family plan contract. I would eventually have to pay 200.00 per phone because I have to renew the contract every time the 1year anniversary arrives on each phone because the previous contract had to be renewed (renewing all the phones) or I would have to pay 200.00 for cancelling that specific phone contract."

This is not true. You do not have to renew a phone on it's one year anniversary date. if you don't that line will continue on on a month-to-month basis. So if your contract on line 1 ends in may, you can continue on with that service for as long as you like or you can end the service on that line the day your contract is up. You would not be subject to a $200 early termination fee because the contract would be up on that line.

What I would suggest that you do is to just continue on until all your phones are out of contract in december and if you feel as if you still want to cancel do so when the contract expires on all of your lines. Also I suggest calling t-mobile customer care and finding a corporate retail store in your area and to start going there. Stop dealing with the mobile solution.

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#2 UPDATE Employee

etf fees

AUTHOR: Crystal - (U.S.A.)

POSTED: Sunday, April 01, 2007

"basically I am trapped in the family plan contract. I would eventually have to pay 200.00 per phone because I have to renew the contract every time the 1year anniversary arrives on each phone because the previous contract had to be renewed (renewing all the phones) or I would have to pay 200.00 for cancelling that specific phone contract."

This is not true. You do not have to renew a phone on it's one year anniversary date. if you don't that line will continue on on a month-to-month basis. So if your contract on line 1 ends in may, you can continue on with that service for as long as you like or you can end the service on that line the day your contract is up. You would not be subject to a $200 early termination fee because the contract would be up on that line.

What I would suggest that you do is to just continue on until all your phones are out of contract in december and if you feel as if you still want to cancel do so when the contract expires on all of your lines. Also I suggest calling t-mobile customer care and finding a corporate retail store in your area and to start going there. Stop dealing with the mobile solution.

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#1 UPDATE Employee

etf fees

AUTHOR: Crystal - (U.S.A.)

POSTED: Sunday, April 01, 2007

"basically I am trapped in the family plan contract. I would eventually have to pay 200.00 per phone because I have to renew the contract every time the 1year anniversary arrives on each phone because the previous contract had to be renewed (renewing all the phones) or I would have to pay 200.00 for cancelling that specific phone contract."

This is not true. You do not have to renew a phone on it's one year anniversary date. if you don't that line will continue on on a month-to-month basis. So if your contract on line 1 ends in may, you can continue on with that service for as long as you like or you can end the service on that line the day your contract is up. You would not be subject to a $200 early termination fee because the contract would be up on that line.

What I would suggest that you do is to just continue on until all your phones are out of contract in december and if you feel as if you still want to cancel do so when the contract expires on all of your lines. Also I suggest calling t-mobile customer care and finding a corporate retail store in your area and to start going there. Stop dealing with the mobile solution.

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