Page 1 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ... LastLast
Results 1 to 15 of 285

Thread: TracFone, Walmart sued over unlimited data service

  1. #1
    Join Date
    Feb 2011
    Posts
    277
    Phones
    unlocked at&t Samsung S3 mini
    unlocked at&t Samsung S3 mini
    Carrier
    StraightTalk at&t
    Feedback Score
    0

    TracFone, Walmart sued over unlimited data service

    Surprize!

    Law360, Los Angeles (July 25, 2013, 6:39 PM ET) -- TracFone Wireless Inc. and Wal-Mart Stores Inc. were hit with a proposed class action in California federal court Wednesday by consumers who say the companies falsely advertise their “Straight Talk” cellphone plans as providing unlimited data service when they do not.

    Wal-Mart and TracFone co-founded Straight Talk in 2009, and since that time they have continuously advertised unlimited data service plans, according to the suit. Plaintiffs David Hansel, Edward Tooley and Christopher Valdez, on behalf of others similarly situated, say they and other Straight Talk subscribers...


    http://www.law360.com/productliabili...d-data-service

  2. #2
    Join Date
    May 2009
    Location
    Honolulu, Hawaii
    Posts
    3,204
    Phone
    SM-N900A Samsung SGH-I337
    Carrier
    AT&T
    Feedback Score
    0
    Quote Originally Posted by ljfnky View Post
    Surprize!

    Law360, Los Angeles (July 25, 2013, 6:39 PM ET) -- TracFone Wireless Inc. and Wal-Mart Stores Inc. were hit with a proposed class action in California federal court Wednesday by consumers who say the companies falsely advertise their “Straight Talk” cellphone plans as providing unlimited data service when they do not.

    Wal-Mart and TracFone co-founded Straight Talk in 2009, and since that time they have continuously advertised unlimited data service plans, according to the suit. Plaintiffs David Hansel, Edward Tooley and Christopher Valdez, on behalf of others similarly situated, say they and other Straight Talk subscribers...


    http://www.law360.com/productliabili...d-data-service
    why do I gotta provide log in info to view the article in the link provided. it should be free 4 all

    Sent from my SAMSUNG-SGH-I337

  3. #3
    Join Date
    Aug 2011
    Posts
    2,263
    Phone
    Atrix/Skyrocket/R455C/Samsung Jack
    Carrier
    GoPhone LTE
    Feedback Score
    0
    gotta be a corporate email too. we been expecting this. west coast beat the south?


  4. #4
    Join Date
    Jul 2002
    Location
    Armpit of America (Massachusetts)
    Posts
    1,480
    Phone
    iPhone 5
    Carrier
    ATT
    Feedback Score
    0
    And so it begins...
    iPhone 5 !!

  5. #5
    Join Date
    May 2009
    Location
    Honolulu, Hawaii
    Posts
    3,204
    Phone
    SM-N900A Samsung SGH-I337
    Carrier
    AT&T
    Feedback Score
    0
    Quote Originally Posted by SpineDoc View Post
    And so it begins...
    About time

    Sent with the HoFo App

  6. #6
    Join Date
    Aug 2011
    Posts
    2,263
    Phone
    Atrix/Skyrocket/R455C/Samsung Jack
    Carrier
    GoPhone LTE
    Feedback Score
    0
    i hope these guys know what their doing. i would love to read the interrogatories. those questions are really important. i wonder if they will be on lexus nexis? anyone with a subscription?

  7. #7
    Join Date
    Aug 2009
    Posts
    702
    Phones
    HTC Ozone
    iPhone
    HTC One V
    Carriers
    Verizon
    Feedback Score
    0
    Quote Originally Posted by alphamale-b View Post
    i hope these guys know what their doing. i would love to read the interrogatories. those questions are really important. i wonder if they will be on lexus nexis? anyone with a subscription?
    I do. They're just filing now though so discovery will be a ways off if the court even allows the case to proceed. (Unimportant, but it's actually spelled LexisNexis though that service is tranisitioning now to Lexis Advance.)

  8. #8
    Join Date
    Aug 2011
    Posts
    2,263
    Phone
    Atrix/Skyrocket/R455C/Samsung Jack
    Carrier
    GoPhone LTE
    Feedback Score
    0
    You an attorney?

  9. #9
    Join Date
    Jun 2004
    Posts
    954
    Carrier
    Straight Talk
    Feedback Score
    0
    This is why we can't have nice things.
    Nexus 5 rooted with ST AT&T LTE SIM & full Google Voice integration

  10. #10
    Join Date
    Dec 2012
    Posts
    185
    Carrier
    Solavei
    Feedback Score
    0
    It's interesting as ST has been advertising unlimited data for a long time but does anyone even get over 1.5gigs of data? From my understanding it's not even just dropping to slow speed but being turned off till their month is up. There is nothing unlimited about this.

    Manny

  11. #11
    Join Date
    May 2009
    Location
    Honolulu, Hawaii
    Posts
    3,204
    Phone
    SM-N900A Samsung SGH-I337
    Carrier
    AT&T
    Feedback Score
    0
    Quote Originally Posted by GTwannabe View Post
    This is why we can't have nice things.
    you can have nice thing, just gotta pay for it.

  12. #12
    Join Date
    May 2009
    Location
    Honolulu, Hawaii
    Posts
    3,204
    Phone
    SM-N900A Samsung SGH-I337
    Carrier
    AT&T
    Feedback Score
    0
    Quote Originally Posted by CoachManny View Post
    It's interesting as ST has been advertising unlimited data for a long time but does anyone even get over 1.5gigs of data? From my understanding it's not even just dropping to slow speed but being turned off till their month is up. There is nothing unlimited about this.

    Manny
    CoachManny,
    the whole problem with ST/Net10 is they are not consistent with what criteria each one uses as some postings here and other treads consistently says. some gets throttled @500MB, some below that and some runs rampant and never gets dinged, so the subscriber has no way to tell whether he/she in in a safe zone. I've also seen postings that once throttled, stays throttled even after renewing the service.

  13. #13
    Join Date
    Jul 2012
    Location
    USA
    Posts
    6,617
    Phones
    Nokia E71
    Nokia E71
    Iphone 3g
    Carriers
    Straight Talk
    Feedback Score
    0
    Quote Originally Posted by CoachManny View Post
    It's interesting as ST has been advertising unlimited data for a long time but does anyone even get over 1.5gigs of data? From my understanding it's not even just dropping to slow speed but being turned off till their month is up. There is nothing unlimited about this.

    Manny
    it is more than just the amount of data but how you use your data/st service.the tos has in what you cannot do with your st service.might look them over.if you are using st then you have agreed to the tos.

  14. #14
    Join Date
    Feb 2012
    Location
    NorthWestern Tennessee
    Posts
    1,206
    Carrier
    Cricket, GoPhone
    Feedback Score
    0
    Quote Originally Posted by cooter55 View Post
    it is more than just the amount of data but how you use your data/st service.the tos has in what you cannot do with your st service.might look them over.if you are using st then you have agreed to the tos.
    Stated by someone who never uses his phone for anything.

    It took a lot of hogwash to reach 3000+ posts in such a short time.

    Sorry, I just couldn't help myself.
    -- Samsung Galaxy Express 4G LTE on Cricket
    -- Samsung Galaxy Express 4G LTE on GoPhone

  15. #15
    Join Date
    Nov 2010
    Location
    metro Atlanta area
    Posts
    3,071
    Phone
    Nexus 5 (LG-D820), Galaxy Nexus GT-i9250
    Carriers
    AT&T GoPhone
    Feedback Score
    0
    Quote Originally Posted by cooter55 View Post
    it is more than just the amount of data but how you use your data/st service.the tos has in what you cannot do with your st service.might look them over.if you are using st then you have agreed to the tos.
    Yes, I agreed to the TOS where I can stream to my heart's content on my "native" apps -- and how the prohibition against streaming is for Straight Talk branded phones, which my Galaxy Nexus is not. Go read the TOS yourself, Cooter. Many of us have loopholes you can jump a semi-truck through, but Straight Talk STILL throttle people with non-ST branded phones. So, TOS is crap. And you know it.

    IF Straight Talk would just set a clear data limit -- since it's NOT unlimited and never was -- there would be no need for badly-written, contradictory legalese in the TOS. You use the 1.5GB or whatever the monthly limit it, and that's that. You could use it how you please, all in one bender day or over the course of 30 days. State the limit and that stops 99% of the customer complaints, because there would not be a relationship based on lies, false promises and hack-written TOS.

    IF Straight Talk is forced to state a data limit, service will IMPROVE and so will customer satisfaction, as then the company won't have to dedicate resources to prevent customers from using "too much" of the promised "unlimited" data. Instead they can focus on solving technical issues. This lawsuit is a good thing.

    ___________

    Here's the full article. Found by using Google. It's the same link as above, but the full article showed for me.

    http://www.law360.com/articles/46017...d-data-service



    TracFone, Wal-Mart Sued Over 'Unlimited' Data Service

    By David McAfee

    Law360, Los Angeles (July 25, 2013, 6:39 PM ET) -- TracFone Wireless Inc. and Wal-Mart Stores Inc. were hit with a proposed class action in California federal court Wednesday by consumers who say the companies falsely advertise their “Straight Talk” cellphone plans as providing unlimited data service when they do not.

    Wal-Mart and TracFone co-founded Straight Talk in 2009, and since that time they have continuously advertised unlimited data service plans, according to the suit. Plaintiffs David Hansel, Edward Tooley and Christopher Valdez, on behalf of others similarly situated, say they and other Straight Talk subscribers have had their supposedly unlimited data service slowed or terminated completely without warning.

    The plaintiffs say the companies reduce the speed of service or terminate it altogether and then blame the subscribers for misuse of the service.

    “Defendants throttle or terminate data access when subscribers near or exceed defendants' internally established, but undisclosed, data usage limits, or when defendants' wireless network partners direct defendants to do so even where subscribers' usage is below defendants' internal, undisclosed limits,” the complaint said.

    “In response to complaints from the members of the proposed class, defendants routinely blame customers for 'misusing' their data service, but fail to disclose how customers allegedly misused their data plans or explain the reasons that defendants have throttled or terminated customers' data access,” it added.

    After the defendants slow or stop data service to their customers, they fail to restore data access or regular data speeds unless and until subscribers' current prepaid data plans expire and subscribers purchase new Straight Talk service plans, according to the complaint.

    The plaintiffs say that as a result of defendants' material misrepresentations, bad faith and unfair and unlawful conduct, the class members have suffered damages, including payment for “unlimited” data service plans, payment for Straight Talk branded and locked phones, and payment for Straight Talk SIM cards.


    The plaintiffs lodged claims of breach of contract, breach of covenant of good faith and fair dealing, unjust enrichment, and violations of Florida's Deceptive and Unfair Trade Practices Act, California's Unfair Competition Law and California's Consumer Legal Remedies Act.

    The plaintiffs seek an order certifying the proposed class, an order permanently enjoining defendants from their improper conduct, and a judgment awarding restitution, actual damages, exemplary damages, prejudgment and post-judgment interest, attorneys' fees and costs.

    Michael W. Sobol of Lieff Cabraser Heimann & Bernstein LLP, an attorney for the plaintiffs, said he's excited to prove that Straight Talk's promises were unfulfilled.

    “We look forward to proving, on behalf the proposed nationwide class, that Straight Talk's promises of unlimited data went unfulfilled, and to recovering for the class the damages they have suffered as a result,” Sobol told Law360 on Thursday.

    Representatives for the defendants did not immediately respond to requests for comment Thursday.

    The plaintiffs are represented by Michael W. Sobol and Nicole D. Reynolds of Lieff Cabraser Heimann & Bernstein LLP, Daniel M. Hattis of Hattis Law and Cornelius P. Dukelow of Abington Cole.

    Counsel information for the defendants was not immediately available.

    The case is Hansel et al. v. Tracfone Wireless Inc. et al., case number 13-cv-03440, in the U.S. District Court for the Northern District of California.


    --Editing by Andrew Park.
    Your creed may be interesting, but your deeds are much more convincing.

Page 1 of 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ... LastLast

Similar Threads

  1. Blackberry unlimited data service questions
    By Nightfall in forum RIM (Blackberry)
    Replies: 19
    Last Post: 04-03-2007, 11:07 AM
  2. NEXTEL Partners & Unlimited Data Service
    By FiveVolt in forum General Nextel Discussion
    Replies: 2
    Last Post: 03-14-2006, 07:36 PM
  3. Q for those on the SKII Unlimited Data Service
    By Ulysses in forum T-Mobile
    Replies: 1
    Last Post: 10-23-2005, 09:48 AM
  4. New Unlimited Data Service
    By hoffswell in forum AT&T
    Replies: 5
    Last Post: 08-17-2004, 12:02 AM
  5. unlimited data service plan
    By hyvalue in forum Rogers Wireless
    Replies: 37
    Last Post: 06-05-2004, 08:22 PM

Tags for this Thread

Bookmarks