Delaware Liberal

Cell Phone Contracts

This looks like it will be a good thing!

CA court rules T-Mobile contract terms unconscionable

-Mobile, as many other cell phone companies do these days, had written into its contract with customers that any disputes between T-Mobile and the customers had to be resolved by arbitration. Requiring customers to go to arbitration means that customers cannot sue, and more importantly it means that customers cannot file class actions. The result, if the contractual terms requiring arbitration were valid, would be that the most abusive cell phone company practices could not be limited by customers bringing lawsuits.

However, in the suit Gatton et al. v. T-Mobile USA, Inc., the plaintiffs convinced the trial court that the contractual provision requiring arbitration was unconscionable and therefore not enforceable. On June 22, 2007, the California appeals court affirmed the trial court’s ruling. The class action is going forward.

It is pretty huge, because the contracts are total bullshit. You sign a contract that says you can’t sue the company? WTF how is that valid? I personally have an issue with cell phone contracts and the bullshit ways that they lock you into a contract. Any little change to your plan and BLAMMO! you are locked in for another 2 years. It is total horseshit and my guess is that this opens up the gates to start turning the tides on these bullshit contracts.

I don’t need a contract on my house phone, why do I need a 2 year commitment for my cell phone?

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