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T-Mobile Users: Class Action Lawsuit
T-Mobile Cell Phone Locking Settlement
IF YOU PURCHASED A CELLPHONE FROM T-MOBILE, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.
A proposed settlement is pending in two lawsuits relating to software "locks" that prevent T-Mobile cellphone handsets from operating with other compatible wireless telephone carriers' services. The lawsuits are Nguyen v. T-Mobile USA, Inc., No. JCCP 4332, pending in Alameda County Superior Court, and Hellman v. T-Mobile USA, Inc., No. 04-CA-005061 AN, pending in Palm Beach County Circuit Court.
ARE YOU AFFECTED?
You are a class member if you purchased a cellphone handset from T-Mobile from January 1, 2000 to August 1, 2009.
WHAT IS THIS CASE ABOUT?
The lawsuits claim that T-Mobile's sale of handsets that have been programmed not to operate with other compatible wireless telephone carriers' services is improper and that this restriction has not been properly disclosed to customers. T-Mobile denies any wrongdoing, but has agreed to settle to avoid the cost and expense of further litigation. The Courts have not made a decision in these cases.
WHAT DOES THE SETTLEMENT PROVIDE?
T-Mobile agrees to give to eligible current and former customers, upon request and where available, codes that unlock T-Mobile handsets. Unlock codes will be provided to eligible postpaid customers who are in good standing and have a minimum of 40 days of active service with T-Mobile, and to eligible prepaid customers who are in good standing and who have a minimum of 60 days of active service with T-Mobile and either have a prepaid account balance of at least $10, or have refilled their prepaid account in the last 30 days. Customers may request one unlock code per line of service every 90 days.