T Mobile
Complaint 147624 Details

The following is the complaint history:

COMPLAINT ACTIVITY REPORT Case #
Better Business Bureau serving Alaska, Oregon & Western Washington

Consumer Info: XXXXXXXXXXXXX Business Info: T-Mobile



Location Involved: (Same as above)

Consumer's Original Complaint :
I purchased a new device with an advertised memory capacity that T-Mobile, without notice, forcefully diminished by installing unwanted software that can not be removed and routinely loads and runs using my allocated data capacity without my approval in addition to accessing and transmitting personal data. I contacted the manufacturer, Samsung, who stated that only T-Mobile is responsible for this. If T-Mobile limits the bandwidth to 5mb, then the act of pre installing non removable programs that run in the background is infringing on my ability to use the bandwidth that I am paying for in a manner that I chose. In addition to this complaint, T-Mobile ignored the signed hard copy contract I approved at the time of purchase and added device insurance that I opted out of, and revised the service contract which I has asked to remain the same in the new 2 year agreement. I have the actual hard copy of the document I signed and approved in their store which T-Mobile maliciously revised without approval by me. On the phone, I had T-Mobile correct this within a day of the new agreement. They promised it was corrected. The next day it was returned to the unauthorized terms once again. I made 2nd contact and fixed the issue. Now I noticed I was billed for the device insurance anyway for last month though it is not part of my contract. I believe this to be malicious acts to steal additional funds hoping not to be caught. I tried to work it out with them to no avail. They lie and say I did not do what I can prove I did. Again, I have the hard copy receipt and contract stating EXACTLY what I approved and was sold. I have been a very long time customer and have witnessed illegal and unethical business practices by this company that should have long been regulated and addressed by the BBB, but never have. The issue of preloaded software that can nit be removed and steals service that I pay for, is valid and is in violation of my consumer rights.
Product_Or_Service: Other /gallaxy/customer loyalty
Account_Number:


Consumer's Desired Resolution:
DesiredSettlementID: Other (Requires Explaination)refund insurance costs and remove t-mobile forced applications from my device or cancel my contract.

BBB Processing

07/17/2012 web BBB Complaint Received by BBB
07/17/2012 JPS2 BBB Case Processed by BBB Operator
07/17/2012 Otto EMAIL Send acknowledgement to Consumer
07/17/2012 Otto EMAIL Inform Business of the Case
07/31/2012 OttO BBB Non-Accr - No response to first notice to business
07/31/2012 OttO MAIL Non-Accredited - Resend Case to Business
07/31/2012 WEB BBB RECEIVED BUSINESS RESPONSE : July 31, 2012
FILED ELECTRONICALLY
Bureau Services Consultant
Better Business Bureau of
Alaska, Oregon & Western Washington
PO BOX 1000
DuPont, WA 98327
Re: XXXX XXXXX
Your Case No. XXXXXXX
T-Mobile Account No.XXXXXX
To Whom It May Concern:
T-Mobile USA, Inc. (''T-Mobile'') is in receipt of your letter dated July 17, 2012, regarding the above-referenced account.
In his correspondence with your office Mr. XXXXX disputes the software update that he was sent and that it is causing his memory to be full along with using data each month. Please be advised software updates are sent by the manufacturer of the handset. The software should not negatively affect the use of the handset.
If Mr. God continues to have memory issues he may install an application that will stop applications that are not being used. Mr. XXXXX may contact Customer Care at 1-800-937-8997 to complete the necessary troubleshooting steps if he continues to experience service issues.
Based on the foregoing, we respectfully request that the complaint against T-Mobile be closed as resolved.
Thank you for bringing this matter to our attention. If you have any questions, please do not hesitate to contact me at the address listed below, or call 1-877-290-6323 ext. 341-8036.
Very truly yours,
T-MOBILE USA, INC.
Jason Moten
Executive Customer Relations
07/31/2012 JPS2 EMAIL Forward Business response to Consumer
08/11/2012 WEB BBB RECEIVED CONSUMER REBUTTAL : (The consumer indicated he/she DID NOT accept the response from the business.)
I have contacted the manufacturer of the device, Samsung, who states that T-Mobile is solely responsible for including permanent, non-removable, 3rd party applications in any device OS updates, not them. They state that T-Mobile sells space in the OS update package and prevents device purchasers from removing them as a stipulation of the memory sale. If T-Mobile has advertised a device with an allotted memory space, again, I have the right to use it as I see fit. In addition, the transfer of private or any data by these 3rd party applications CAN NOT be turned off without me disabling the data function of the phone, according to T-Mobile, that I pay over $39.00 per month for, in a limited quantity. Mr. Jasen Moten, of T-Mobile, fabricated his response that the device manufacturer is responsible for the 3rd party applications, or he is purposefully attempting to mislead the Better Business Bureau when he states the manufacturer is responsible and that a user can "turn off the applications." His company refuses to allow me to do any such thing. What's worse is that T-Mobile is double dipping in sales by selling me a phone with a specified amount of memory and a contract for a specified amount of data bandwidth and use, then profitting on top of that by selling memory on my device and selling data that ONLY I have paid T-Mobile for to these third party application developers that have absolutely NOTHING to do with providing my service or the function of the device. They are simply FORCING me to spend money for T-Mobile to profit in a way that they have not manufactured memory or are the leasers of bandwidth that is sold to 3rd party developers. They are profiting from MY owned device and air space on the network which I have NOT authorized.
I have attempted to resolve this by calling the support number listed in Mr. Moten's false response. He has also not addressed the issue of his company falsifying my contract after signing (which I still have for proof) and the first month charge for insurance which I have paid but not received or authorized. He has not responded to the hours of my time on the phone with his agents to resolved the falsifying of my contract by T-Mobile to include charges unauthorized by me, not once, not twice, but THREE times. And in the end, still charged me for at least one month. He has not resolved anything.
To date, T-Mobile has not offered me any restitution for this theft or resolution to prevent it from occurring in the future. Does the Better Business Bureau suggest suing T-Mobile as they are ineffective in resolving this matter? Have you any suggestions for further actions with another agency that may actually be able to help?
As for a middle ground; why should there be a middle ground for T-Mobile to steal? How about a middle ground and convert my contract to month to month?
08/13/2012 JPS2 EMAIL Forward Consumer Rebuttal to Business
08/15/2012 WEB BBB RECEIVED FINAL RESPONSE FROM BUSINESS : August 15, 2012
FILED ELECTRONICALLY
Bureau Services
Better Business Bureau of
Alaska, Oregon and Western Washington
P.O. Box 1000
DuPont, WA 98327
Re: XXXX XXXX
Your Case No. XXXXXXXXX
T-Mobile Account No. XXXXXX
To Whom It May Concern:
T-Mobile USA, Inc. ("T-Mobile") is in receipt of your letter dated August 13, 2012 regarding Mr. XXXXXX's above-referenced account.
On June 16, 2012 Mr. XXXXX upgraded to a discounted Samsung Galaxy Exhibit 4G at a retail store, in exchange for a 24-month contract extension. If Mr. XXXXX would like to dispute the contract extension he will have to take his copy of the Service Agreement to the retail store where the device was purchased showing proof that a contract extension was not required.
Please be advised that T-Mobile provides a buyer's remorse period to all customers allowing them to use the handset to see if it meets their needs. If Mr. XXXXX found that the equipment was not acceptable, he could have returned the equipment within this period. As Mr. XXXX chose not to take advantage of the buyer's remorse period, he remains responsible for the full contract term agreed upon.
On June 19, 2012, T-Mobile records indicate that the handset insurance feature was removed from Mr. XXXX's account. On August 15, 2012, a credit in the amount of $0.69 was applied to Mr. XXXXX's account, which is comprised of prorated handset insurance feature charges incurred from June 16, 2012 to June 19, 2012.
Based upon the foregoing, we respectfully request that this complaint against T-Mobile be closed.
Thank you for bringing this matter to our attention.
Very truly yours,
T-MOBILE USA, INC.
LT Gooden
Executive Customer Relations
08/16/2012 JPS2 EMAIL Forward Final Response to Consumer
08/16/2012 WEB BBB CONSUMER REJECTS BUSINESS' FINAL OFFER : (The consumer indicated he/she DID NOT accept the response from the business.)
Is this guy stupid or purposefully ignoring the content of my complaint? I am not disputing the contract extention. I dispute tmobiles unauthorised modification of the agreement and the unethical and unauthorised modification of the device which is continuing to cost me money to support their marketing efforts. the refund he is speaking of did not happen and to date is still on my billing history. the punk suggests going back to HIS retail outlet which i did and told me that tmobile not in the store was responsible for the unauthorized contract change. what should i do? these people just continue with symantics to wear down consumers to give up. okay jerk at tmobile, what are the charges listed under "other" every month? also, and mist importantly, address specifically the complaint about the 3rd party memory sale and data bandwidth theft to uphold a deal between tmobile and the developer at the cost to my leased data airtime. don't ignore that and respond to things you make up. stop screwing with the bbb like punks. address my complaint directly.




AS PEOPLE CAN SEE, TMOBILE IS "NOT" ACCREDITED OR RECOMMENDED BY THE BBB. THEY DO NOT RESPOND HONESTLY OR FAIRLY BECAUSE THEY KNOW THAT THERE IS NO RECOURSE FOR CONSUMERS BITTEN BY THEIR UNFAIR PRACTICES. I WILL CANCEL MY SERVICE AND MAIL BACK THE DEVICE AND REFUSE TO PAY THE ETF. I HAD BEEN A CUSTOMER FOR 11 YEARS BUT NO MORE. PLEASE BE WARNED BEFORE YOU DO BUSINESS WITH TMOBILE THAT EVEN THE BBB DOES NOT RECOMMEND ENTERING OIN TO CONTRACT WITH THIS NON-ACCREDITTED BUSINESS WITH A HUGE LIST OF UNRESOLVED CONSUMER COMPLAINTS VARYING FROM ALL SORTS OF VIOLATIONS OF ETHICAL PRACTICES. THERE ARE ALSO NUMEROUS LEGAL VIOLATIONS IN MOST OF THE COUNTRIES THEY DO BUSINESS IN BUT UNFORTUNATELY THE DETAILS OF SUCH ARE NOT PUBLIC VIEWABLE, EXCEPT FOR THE FINANCIAL RESULTS SHOWING THEY HAVE LOST.