Elliott C. Back: Internet & Technology

T-Mobile Early Termination Fee Class Action Lawsuit

Posted in Cellphone,Deals & Savings,Law by Elliott Back on May 16th, 2009.

I just got a great postcard in the mail. This last year I was charged a $200 early termination fee by T-mobile, after Wendy had to cancel her plan and move back to Shanghai. Now, there’s a class-action lawsuit which is promising to refund $125 of the contract fee! Awesome!!

A proposed Settlement is pending in a class action entitled Milliron v. T-Mobile USA, Inc., No. 08-04149(JLL) (ES) in the U.S. District Court for the District of New Jersey. The lawsuit alleges that T-Mobile violated state and federal laws by charging customers a flat-rate early termination fee (“ETF”) in its wireless telephone service contracts. You are part of the lawsuit if you are a current or former T-Mobile wireless subscriber who paid or were charged a flat-rate ETF from July 23, 1999 to February 19, 2009, or if your contract for service included a flat-rate ETF from July 23, 1999 to February 19, 2009.

If you can prove you paid a flat-rate ETF, or T-Mobile’s records indicate you paid a flat-rate ETF, you may submit a Claim Form and receive up to $125.

You can go visit ETF-Settlement to read the details, and/or apply for a claim. I already did, as I received a postcard in the mail. However, if you meet the class-action criteria (pretty much anyone screwed by a T-mobile early termination fee), you should also fill out the form.

This entry was posted on Saturday, May 16th, 2009 at 12:34 am and is tagged with . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback.

33 Responses to “T-Mobile Early Termination Fee Class Action Lawsuit”

  1. Bruce Joseph says:

    TMobile is, possibly,the worst company I have ever had to deal with. They don’t fufill their end of the agreements. Bad coverage,bad customer service, and a sense of your problems just dont matter. How can their bad technology be the consumers fault? and yet, the don’t care. I am not their IT guy. I truley hate them.

  2. Joe Bowen says:

    Well I cant even begin to tell you how much i hate this company how horrible it is to even get through to customer service but my main problem is when i signed up for their 4g internet i was told at the time thaqt when i reach my mamimum alloted download amount the speed would be cut in half several times turns out it is cut by 98% so much so its slower than dial up and I cant do anything they lied to my face and when I called em on it they told me tough **** now im stuck with an $200 ETF I have never had such hate and disapointment in a company in my 33 year life.

  3. Brenda says:

    I received a postcard regarding the class action suit back in 2009. I moved, and wrote several letters to inform whomever in charge. Now, I learned that they have paid out, but, I never received my due payment. Does anyone have a phone number? I had to pay over $800.00 to close out my T-mobile account, and I want my money back!!! Thanks

  4. Janet heineman says:

    That was supposed to be march 6 2010

  5. Janet heineman says:

    Was tmobile customer with 2 lines. I was looking to change my service, called tmobile to see when my contract wAs up. They told me I believe march 6. On that day March 6th I authorized metropcs to take over my 2 lines. Tmobile went ahead and billed me 172.80 even though I switched over to metropcs the day mycontract was up. I know I am cutting off my nose to spite my face but I refused to pay tmobile a cent. Afterall when I began with them they prorated my first bill so I certainly don’t owe them anything especially since they robbed me month after month on mybills

  6. Monica Trejo says:

    I will add to the ordeal… have been with Tmoble for years until oct of 2009 when they continously screwed up my acct for 6 months straight!! I paid to be on a “no contract” plan and when i decided enough ******** up with 150 plus aof messing up on my bill MONTHLY i decided to drop them and they sent me a bill for 600 in ETF’s (3 lines) plus what they claim i owe. Of course i did all my billing online… never saved any of my bills because i thought i would be able to recover them through them. They refuse to give me ANY of MY billing info AND dammaged my credit by sending my bills to collections. Please file a complaint with the FCC esupport.fcc.gov/complaints.htm it seems this is still going on and they HAVE to stop ripping people off!!!

  7. RON COPE says:


  8. Christie says:

    I have Tmobile and I cannot belive the terrible customer service. I just sent them a certified 3 page letter explaining every single problem I have had since just August when I signed the 2 year contract. I sent the letter monday, not expecting much from a company like this…I am thinking about taking it much further though. I canceled sprint to switch to Tmobile and it has done nothing but cost me a ridiculous amount of money,time and frustration … the service you pay for is TERRIBLE…I dont get some calls, or txt msgs – and its not that they just come late – they never come at all!!! PLEASE PLEASE PLEASE no matter how good they make the deal sound – DO NOT – sign up for Tmobile. PS. PASS THIS ON!!!

    • Dimas Reyes says:

      We have 3 T-mobile phones blackberry and the same experience I had. We are just paying for nothing. Most of the time, I can’t call from my work. The messages were a day late. We have our phones replaced for it is always broken. Now, T-mobile cant replaced my wife’s phone for the 2nd time or they will charge us. This is the worst service we ever had. We tell our relatives and friends not to get T-mobile. Is there any class action or lawsuit regarding this. I will be glad to sign up?! PLEASE DON’T GET T MOBILE…IT IS A RIFT OFF!

  9. Bill rogers says:

    This practice is still going on. The worst company ever!!!

  10. BBE says:

    I never received anything from this.

  11. shimirra says:

    I have been on tmobiles unlimited anytime minutes for $50 per mo for over 5 yrs. i signed up for family plan may of last year on a special loyal customer promotion where they gave you 135 cash back for porting another carriers number in and a monthly rate of about $50 per account (unlimited anytime min and txt). A great deal I thought… and signed my roommate daughter and sister up each/w two yr contract. However my roommate was on parole and arrested two months later. He served 5 mos for violation during which time the phone was never used but because we were unsure how things would go I just paid the bill. He was released in nov but had charges pending that he went to court on in april at which time he was sentenced to 10 yrs state prison and remanded into custody. Now I am told that I will have to pay 250 ETF unless i wait until I only have 6 mos left on contract at which time i will only have to pay 100 (+300@50×6) I feel like although this acct included an awesome phone which i am now using as well as a kick back I have paid a lot on the account already and only used the service for about half of the time. Can they make you pay for ET if you are incarcerated? What if you die or are in a coma??? Seems to me there should be some rules here. I have always found tmobile to above and beyond as far as customer service goes but this has me thinking maybe it is time for a change.

  12. Kirk Anderson says:

    It seems that this is being delayed by some lawyers claiming that they are entitled to 80% of the fees. Here’s a link: www.law.com/jsp/article.jsp?id=1202436215023

    My t-mobile story is the worst: they told me on the phone that my contract was up. I switched to another carrier. Turns out my contract had not expired yet. Bingo: $200 ETF. Of course I had no proof of what I’d been told on the phone.

    • Janice Blalock says:

      Same thing happened to me. T mobile told me. I went to see if I could get a new phone. We had been using tmobile for a long time, so figured it was time for an upgrade. Well they imformed me that I could not get a new phone unless I paid for it because my contract had expired. Seems it expired when they swithched me to unlimited minutes a year before. I asked why I had not been informed. I switched to AT&T, then lo and behold, tmobile decides to imform me that I still was under contract with them for another eight months. I asked why they told me I did not have a a contract. They said thought my contract had been canceled, I still had to finish my term. That is not what was told to me before I switched. Now they are harrassing me for the full amount of termination fees for four phones. Beware, They are horrible. It was there mistake. They should have people that know how to explain the facts to you to begin with before you switch and give it to you in writing. I signed nothing saying I ageed to not have a contract.

  13. Sallie says:

    Just looking into this 12/7 T mobile put 700 dollars on me in bad credit 350 for 2 phone’s. Kid connect and regular. I got hurt very bad and could’nt pay the bill any more. Is there any hope for this prolbem?

  14. Ate says:

    so when will the send the checks?

  15. G says:

    After filling out the information on the ETF website (“the website”) during or around early June, I returned to the website today to find the following information:

    “Settlement information last updated on November 10, 2009:

    On September 10, 2009, the Court in Milliron v. T-Mobile USA, Inc. entered an order granting final approval to the class action settlement. The deadlines to file a claim, object to the settlement or request exclusion from it have passed.

    The distribution of settlement benefits will be delayed because objectors to the settlement have filed appeals challenging the Court’s final approval order. Benefits will not be distributed until the appeals process is complete. Please be patient.”

    For those of us who are due refunds and have complied with the procedural requirements established in and through the settlement provisions, we are subject to a delay. Irrespective of my opinion on this, I thought it would be good information for those of you whom are monitoring your mailboxes awaiting a reimbursement check of $125.00.


  16. ron says:

    And now t-mobile is billing all of its customers $1.21 for this lawsuit not fair

  17. jimmy ferguson says:

    want information on lawsuit aganist t-mobile

  18. Celia Cruz says:

    does this mean that they can no longer charge you to leave?

  19. I have just been charged an early termination fee against my will on Thursday July 2nd for cancelling my G1. I was in a “no win” situation and I had to cancel it. I would like to join this lawsuit. 603 869-2102

  20. jayzy says:

    just go to www.etf-settlement.com if you qualify, just fill the form and you’ll get your money back.

  21. kempton says:

    I have three lines suppose to be $149 but i pay up to $300 to $500 dollars a month but i pay to much I ask them if i drop one of the lines they told me i will how to pay $250 and i ask them why should i how to pay that much to drop one line and no im not sure if i have received a postcard if i did i didnt pay no attention to it but i hope i qualify for the claim could i please get some more info regarding the settelment.

  22. Gretchen Howard says:

    The 2009 Sidekick LX 3G doesn’t even use all the features because TMobile doesn’t have it’s 3G Network up everywhere yet so the phone is useless to me. I want to cancel my contract because they told me my phone will do this and that and it doesn’t. then they wouldn’t even work with this $400 bill they stuck me with for an upgrade that was only suppose to be $199. So I am canceling my service!

  23. Mark says:

    I was charged 600 for a family plan. Like it or not it is what it is and I will surely take my money back. Does anybody know the address to register for the refund?

  24. melissa says:

    I would like to terminate my contract because I am un-happy with the Service.

    Would I be able to qualify for this ?

  25. Andrew says:

    That is junk mail trying to scam you. Ignore it.

  26. jasmine says:

    i just terminated my contract with t-mobile last may 29th of this year and had to pay 200 USD/phone with family plan. i received a postcard regarding T-mobile ETF lawsuit but somehow lost it. i see that i am not covered in the said period of the suit. im hoping that i qualify for this claim but im happy to hear that someone is fighting against this contract fees for others who are involved.

    • Khayyam says:

      I would submit the information that you have(account number, date billed, etc.) at the site; you may really be covered.
      Site Link : www.etf-settlement.com/

      • Khayyam says:

        Just checked the site again; Bogus.
        Even if a person such as you or me should probably get a reimbursement for an ETF; this lawsuit only covers those who were charged that before Feb. 19th, 2009, even if the contract was from before then. It’s like the fee was just a s wrong, and this lawsuit doesn’t cover the rest so far.

  27. Thanks for posting this. I’ve moved a couple of times and probably never would have gotten the post card, but I definitely qualify, as I was charged ETF by T-Mobile during this period.

Leave a Reply