T Mobile Fradulently extending contracts; Birmingham Alabama

if it was a retail store they can pull reciept if it was indirect then i cant help you send me your info or contact me at hogman0911@yahoo.com and i will see if i can help you

if it was a retail store they can pull reciept if it was indirect then i cant help you send me your info or contact me at hogman0911@yahoo.com and i will see if i can help you

if it was a retail store they can pull reciept if it was indirect then i cant help you send me your info or contact me at hogman0911@yahoo.com and i will see if i can help you

Thanks Brandon !

Neither T Mobile nor the T Mobile store in New York will provide me with documentation for having purchased a phone or signing an extended contract. I have requested this infomration from both parties.

My husband has his American Express receipt whereby he paid for a new phone. No other documentation was given unto him.

Myra

go look and look for two things 1. was it a tmo retail store or an indirect dealer
2. if it was a real tmo store then there is a paragraph about the extension that he signed. if it was a dealer then the dealer called in the ext while your husband stood there and the rep on the phone would talk to him so either he signed in a store and reciept says so or the non tmo employee called in so if at a tmo store it is his fault if at an indirect you may be in luck and i can help you

My husband, who is a doctor, and I ( diagnostic medical) shared a few laughs over this T Mobil matter comparing career standards :

Mr. Smith :
" But doctor, I didn't request or authorize the removal of ALL my toes - just the one with gangrene. "

Doc: " Well, your wife told me to do whatever I needed to do to ensure this never happened to you again. So, Your other toes didn't look great either - minimal frostbite.. - but who knows- there could have been problems down the road. "

Mr. Smith: " My wife can't make decisons about MY feet. These are MY feet;

Doc: "she is on your insurance, isn't she ?"

Smith: " No , she is NOT on my insurance. "


Doc: " Well, she seemed to know a lot about your feet. She was holding your shoes in the surgery waiting room. Did you give her permission to hold your shoes ? "

Smith: " Well, yes, but holding my shoes is not the same as authorizing additional surgery on ME."

Doc: " She had your shoes Mr. Smith. That seems like authorization to me."

Smith: " I am embarrassed; I can't tell anyone that I'm toe-less"

Doc: "Sorry, Smith, your records are open for our medical staff, residents, and the national teaching file. You did sign a form stating we could use your history for teaching purposes"

Smith: " I didn't sign a form stating that ."

Doc: " Oh, it was in the small print. We'd really like to use your case in teaching surgery residents- We've never seen toes as long and crooked . ..- Plus, the frost bite - well, it just adds more interest. "

Smith: " I'm suing; and I'm NOT paying for the 9 toes that I didn't authorize to be removed."

Doc: " Sorry, Mr. Smith, you signed stating you would provide payment for all charges not covered by your insurance ( along with the "hold harmless" agreement.

Smith: " Why must I pay for something I neither wanted, requested, nor authorized ? It's not fair , Doc. "

Doc: " We did have authorization Mr. Smith; Remember Mrs. Smith holding your size 12 Berkienstocks?

Smith: " But Doc.."

Doc: " Smith,If you don't like the service, you can go elsewhere. Oh, and one more thing, you still owe me. And if you don't pay, I'll report your toe-less body to the credit agency.







"

Why did he had them the phone?? They didn't need it to sell him another phone. I've sold cell phones to customers without ever putting my hands on there old, broken one.
I can walk into any cell phone store anywhere and buy a phone without extended or starting a contract. Why couldn't he?


Also something that wasn't addressed in my first response: Nowhere are you ever charged $600.00 early termination fee for ONE phone, unless you have a huge bill. What I wonder is, did he use your name to get the phone at a discount, and when you canceled service the full price of the phone was added to the final bill? That would explain the extra $400 fee. Or you have 3 phones and canceled all of them. Which one was it? Where did the extra fee come from?

Here's what most likely happened to you. There are probably a few clauses in your contract that allow for an automatic extension under given circumstances. T-Mobil's position is that the purchase of a new phone fell under one of these clauses. Whether or not there was any special deal involved may or may not be relevant, depending on the language of the original contract. The fact that the new phone was purchased by your husband (and not you) probably IS irrelevant, as the law (and I imagine the contract itself) will treat him as an authorized agent to make the purchase. In other words, as far as the law is concerned, and especially if you gave your husband permission to purchase the new phone, it is treated as if you yourself made the transaction.

Now, with that ugliness out of the way, let me give you some hope. I am an attorney, and I've dealt with a few situations similar to yours. Pull out your original contract, look it over VERY carefully, and find the clause that T-Mobil is most likely relying on in renewing your deal. Then, look the contract over VERY carefully again, and try to find an "out."

In one case, I got a couple's early termination penalty refunded, even though they clearly violated the clause that allowed for the penalty. However, the contract also contained language to the effect that the provider would ensure excellent service, both in regards to the functioning of the phone and the company's customer service. The company provided neither, hence the early termination. We sent a nice little letter telling the company that THEY, and not my clients, were the ones in violation of the contract. The penalty was instantly refunded.

So take a good hard look at that contract, and see if you can't find something in there that gets you out of the extension/penalty. Formulate a cogent argument and fire off a letter to the company. If that doesn't work, file a small claims action. Small claims courts are more likely than "regular" courts to actually look to the fairness of the contract and the action taken.

Of course, the best and most ethical advice I can give you is to consult with an attorney. But I understand that the costs involved would likely outweigh the benefits. But bear in mind that, most likely, you have nothing more than a contract dispute here, and it is unlikely that you have any other claims against T-Mobil.

Best of luck!

you said you paid the full price of the phone? now phones can go up to 500.00 in some instances and if so, is that what the husband paid please? or did he pay the discounted price on the little card in front of the phone with small very small letters stating one or two year committment?

if that is the case and your husband looked at the phone and did not bother to read that theyn you are "sol" and you may need to sue your husband but not by the courts, you will need to withhold "fun" from him.

I am a former suncom employee and I know all about this policy with them. and other telecommunication companies.

Dave and Rebecca,

Any reputable company will provide to the account owner, not only verbal, but WRITTEN documentation any purchases and lease extensions made on his/her account.

T Mobile has NOT been able to provide any documentation that an extended contract was signed. Nor was a phone charged on my account. My husband paid for a replacement phone with HIS Am Express card.

Yes, T Mobile had my account information; My husband was using MY T MOBILE phone - the one which broke. They got my acct info from that phone's number.

Unless T Mobile can provide such documentation to me, I plan to file a legal suit, not only for fradulent practice, but for damages if this appears on my credit report. Consumer laws are clear about one being charged for something that was neither requested nor authorized - especially if charges were "presumed" to be someone other than the sole account holder.

By the way Dave...I didn't get a rebate or discounted price. I paid full price for the phone.

I have had no complaint with their service and probably will continue to use them, but I still dont think it is right to extend the contract without the owner's approval.

Well Dave, what is hard to understand? It was not MY contract. How can they extend another person's contract without THEIR permission? I can clearly understand if I was the contract holder, that it would be extended.

This was also the case with the main post. They extended her contract without her knowledge or permission.

I guess next time I buy a phone, I will use your number and let them extend your contract. Wouldn't that be cool? Now if you will just send me your number....

Well Dave, what is hard to understand? It was not MY contract. How can they extend another person's contract without THEIR permission? I can clearly understand if I was the contract holder, that it would be extended.

This was also the case with the main post. They extended her contract without her knowledge or permission.

I guess next time I buy a phone, I will use your number and let them extend your contract. Wouldn't that be cool? Now if you will just send me your number....

Well Dave, what is hard to understand? It was not MY contract. How can they extend another person's contract without THEIR permission? I can clearly understand if I was the contract holder, that it would be extended.

This was also the case with the main post. They extended her contract without her knowledge or permission.

I guess next time I buy a phone, I will use your number and let them extend your contract. Wouldn't that be cool? Now if you will just send me your number....

Well Dave, what is hard to understand? It was not MY contract. How can they extend another person's contract without THEIR permission? I can clearly understand if I was the contract holder, that it would be extended.

This was also the case with the main post. They extended her contract without her knowledge or permission.

I guess next time I buy a phone, I will use your number and let them extend your contract. Wouldn't that be cool? Now if you will just send me your number....

I used to work for a cell phone company that sold t-mobile, cingular, and nextel. People came in all the time to buy replacement phones, and never extended there contracts. The only way t-mobile extended your contract was with your phones information, and the person standing there's approval. Usually, even tho I was a rep for them, the customer service rep that I called would ask to speak to the person in the store to verify that they were on the contract, allowed to make changes to the rate plan etc. That was for the customers safety, as well as the rep and the company.

I would be willing to bet that ya'll got a "deal" on that phone, right? Well that deal was with the understanding that the contract was extended for, most of the time, 2 yrs. No cell phone store is going to give a cell phone away and get nothing out of it. They just aren't. Had the person purchasing the phone opted to just pay retail for the phone it would be over $200.00, as a matter of fact that would only get you the Nokia 2260 (or something close to that) a no frills, not a flip phone, works great, but there are many more phones out there with more features.

Just so I'm clear, if you need a replacement phone: walk into the store, say hi, I need a replacement phone. The rep says well what's your name and cell #. Your response can vary at that point, try to be polite, but firm, and tell them that you would rather not extend your contract, and then hold firm (some sales reps can be very pushy). Eventually the sales rep will give up and start showing you phones. Here's where it gets painful for your wallet. But you don't want to extend your contract, so you will pay full retail, so don't gripe. After the transaction is complete you take your sim chip out of the old phone and put it in the new one and away you go. Easy as 1-2-3.

I would look into how someone not on your contract extended your contract, who the sales person was etc because that isn't valid and t-mobile shouldn't be able to hold you to it.

First of all, it's written on the receipt that when you 'upgrade' your phone, and take the rebate and discounted price, you are extending your contract. All cell phone companies do this. It's common knowledge as well. Also, T-Mobil has the lowest rates around, and the best service in my opinion, so why are you so bothered that you have another 2 years with them? You're going to have a cell phone anyway, right? And NO, I don't work for them. But I have had their service for almost 5 years, and have never had any serious issues. And I know that when I get another phone, my contract will be extended.

The only way to avoid the extension is to pay full price for the phone.

T-Mobile did the same to me. I bought a phone and they extended my wife's contract. She was the only one on the contract. As with you, no one signed anything to extend the contract out two years.

We are currently still subscribing to their service in order not to be billed a cancellation fee.

I too would like to know if there is any legal action that can be taken.