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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 112777
Experience:  Attorney experienced in commercial litigation.
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I got a tmobile line in New York, the contract is Unlimited

Customer Question

I got a tmobile line in New York, the contract is Unlimited talk within United State, but Unlimited texting anywhere in the world, So i use calling cards, ond other Apps to call through WiFi like sKype, viber and pay on them. I moved to Texas 09/2014 only to find out Tmobile has no Coverage here, no Store here and i can enjoy there service. I have to call through AT& T wifi in my home. If i call on their network the call dropped every few minutes and if i travel on high i am out of coverage to 1 or 2hours till i get to a big city so i lost important calls. However the bill me $350 for a monthly use on two phone. one is working and the other switched off because my wife travels abroad. Tmobile still bill me. Whereas my friend that has same phone i have with full signal and more usage pays $120 monthly. T sent me a Boost to generate Network it wont help where i live and i feel I have been cheated and wants to take me to collections if i wont pay. I want to sue them in small claim court.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
I got a tmobile line in New York 2013, the contract is Unlimited talk within United State, but Unlimited texting anywhere in the world. However, i use calling cards, and other Apps to call intternational call through WiFi like sKype, viber and pay the charged on them. I moved to Texas 09/2014 only to find out Tmobile has no Coverage here in Andrew, lamesa and odessa contrary to the contract. There os No T Mobile Store over herea so and i could nt enjoy what I pay. I have to call through AT& T wifi that i have in my home. If i call on T mobile network, the call dropped every few minutes and if am traveling on highways i am out of coverage to 1 or 2hours till i get to a big city so i lost important calls and money for those period. However the bill me $350 for a monthly use on two phone. one is working and the other switched off because my wife travels abroad for 6weeks, but Tmobile still bill me. Whereas my friend that has same phone i have with full signal and more usage in New York pays $120 monthly. T sent me a Boost to generate Network to help signa. The signal wont help where i live and i feel I have been cheated and they threatened to take me to collections if i wont pay. I want to sue them in small claim court. I think I have a good case.
18 October 2015 10:13
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that legally, these cell phone carrier contracts are written to state that they do not guarantee coverage in every corner of the country and that there may be coverage "gaps" as they call them. You need to read that contract you signed, because you will find that it contains language that states that they cannot guarantee coverage in all areas. T-mobile is liable to you only in the event they are not complying with the terms that are written into the actual contract, so that is where the court would look if you sued them in small claims court. Before you file any such suit against them, you need to pull out that contract and read it carefully, especially the exceptions and exclusions part and the limitations as well, because that is what they will rely upon as well.

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