T-Mobile Shucked & Jived, Class Claims

SEATTLE (CN) - T-Mobile lured in customers with promises of free round-trip flights, but never delivered, a class action claims in King County Court. After offering a "Fly Free in '08" promotion, T-Mobile rejected people for "various, arbitrary reasons," and made it impossible "to contact a representative for assistance by telephone, e-mail, or any other electronic means," the class claims.

T-Mobile offered free tickets to people who subscribed to its "myFaves" calling plan for a 2-year period, but the "offer was false and misleading because it failed to disclose to plaintiff and the class that even if they met the eligibility requirements of the Fly Free in '08 offer, few if any consumers would actually receive their round-trip airfare," named plaintiff Richard Fine says.

Fine claims he met all the requirements for the free ticket, but T-Mobile told him his booking request form was incomplete and would have to be filled out again. Fine says he called T-Mobile repeatedly to resolve the problem and finally was told that his information had been accepted.

"Shortly thereafter, plaintiff received another phone call from someone acting on T-Mobile's behalf who inexplicably asked plaintiff to confirm that plaintiff no longer wanted his free flight. After informing her that, indeed, he still wanted his free flight, plaintiff was assured that he would receive it and that he would be contacted within a month of his chosen departure date," the complaint states.

"Thereafter, plaintiff received a message from someone acting on T-Mobile's behalf asking him to contact them regarding his flight. Plaintiff attempted to call back the number provided three times during normal business hours but was unable to reach anyone.

"To date, plaintiff has still not received the free round-trip flight T-Mobile promised him."

Fine seeks restitution and punitive damages for class members in 39 states and the District of Columbia, alleging breach of contract and unfair and deceptive trade. He is represented by Beth Terrell with Terrell Marshall & Daudt.

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