SACRAMENTO (CN) – T-Mobile deceptively markets its myTouch 3G and Nexus One mobile phone data plans as unlimited, when the company actually caps data at 10 or 5 gigabytes before cutting off access to the 3G network and drastically reducing Internet speeds.
Lead plaintiff Trent Alvarez says he bought three T-Mobile smart phones last year that required him to agree to a two-year contract.
“Nowhere on this contract does T-Mobile disclose its invisible data cap,” he claims in Yolo County Superior Court. He says the company presented the plan as “unlimited.”
T-Mobile’s sales representatives also allegedly failed to inform Alvarez about the data limit.
“In fact, the sale representatives expressly represented to [Alvarez] that the data plan [he] was to receive was ‘unlimited,'” he says.
Alvarez says he discovered the limit in May 2010, when T-Mobile sent him a text message stating, “Your data usage in this billing cycle has exceeded 10GB; Data throughput for the remainder of the cycle may be reduced to 50kbps or less.”
The reduction has rendered his phone unable to perform the functions promised in T-Mobile’s ads, including sending emails, downloading music and videos, and uploading photos and applications, all at blazing fast speeds.
Now Alvarez says he is locked into a two-year contract without being able to experience the unlimited data services T-Mobile promised.
The class demands an injunction preventing T-Mobile from continuing to deceptively advertise its data plans, as well as restitution for false advertising and disgorgement of all profits T-Mobile made from selling the “unlimited” plans.
Class members are represented by Jenelle Welling with Green Welling.