Complaint Review: T-Mobile - Albuquerque New Mexico

I just wanted to thank the persons whom took time to read and respond to my posts it is very much appreciated.

Joan, As a front line sales employee of T-Mobile I would like to let you know that I am also happy that your issue has been resolved.

Joan, As a front line sales employee of T-Mobile I would like to let you know that I am also happy that your issue has been resolved.

Joan, As a front line sales employee of T-Mobile I would like to let you know that I am also happy that your issue has been resolved.

Joan, As a front line sales employee of T-Mobile I would like to let you know that I am also happy that your issue has been resolved.

Joan, Thanks for providing other customer's with a solution to this problem. Working as a supervisor for T-mobile, I take call after call from people who admit they were told to send the phone back, but did not for many reasons. Your final post made sense from a consumer as well as a business standpoint. Good luck in your future law career.

Yesterday I got a phone call from T-Mobile Customer Relations in Albuquerque New Mexico apologizing for the bad experience. They said they had recieved my letters and had recieved a copy of my report from the Better Business Bureau. My account has been credited for the amount of the restocking fees. In my letters and my reports I stated facts pertaining to a legitimate legal issue. In other words I did my research and stated in clear concise wording the facts which related to the point which I was trying to make. In my case my issue was that disclosure of information was not optional (I was told that I had to pay the restocking fees whether I knew about them or not.) and as a side issue I should have been allowed to speak to a supervisor to try to resolve my problem. My advice would be to first pursue your issue with the various agencies. In your letters and conversations try to remain calm state the facts as they happened, try to frame your letters in a way where they present a legitimate legal issue. This is the best way in which the agencies will listen. Consumer advocate websites such as this one and others on the web are a terrific source of free information. I was contacted by two and given some good advice on how to handle my problem. Don't give up!!! That is what the big corporations count on. Some of the class action suits filed against corporations such as this one began because of the thousands of complaints recieved by consumers like you and me. Good Luck Joen Arizona State University College of Law Class of 2008

Yesterday I got a phone call from T-Mobile Customer Relations in Albuquerque New Mexico apologizing for the bad experience. They said they had recieved my letters and had recieved a copy of my report from the Better Business Bureau. My account has been credited for the amount of the restocking fees. In my letters and my reports I stated facts pertaining to a legitimate legal issue. In other words I did my research and stated in clear concise wording the facts which related to the point which I was trying to make. In my case my issue was that disclosure of information was not optional (I was told that I had to pay the restocking fees whether I knew about them or not.) and as a side issue I should have been allowed to speak to a supervisor to try to resolve my problem. My advice would be to first pursue your issue with the various agencies. In your letters and conversations try to remain calm state the facts as they happened, try to frame your letters in a way where they present a legitimate legal issue. This is the best way in which the agencies will listen. Consumer advocate websites such as this one and others on the web are a terrific source of free information. I was contacted by two and given some good advice on how to handle my problem. Don't give up!!! That is what the big corporations count on. Some of the class action suits filed against corporations such as this one began because of the thousands of complaints recieved by consumers like you and me. Good Luck Joen Arizona State University College of Law Class of 2008

Yesterday I got a phone call from T-Mobile Customer Relations in Albuquerque New Mexico apologizing for the bad experience. They said they had recieved my letters and had recieved a copy of my report from the Better Business Bureau. My account has been credited for the amount of the restocking fees. In my letters and my reports I stated facts pertaining to a legitimate legal issue. In other words I did my research and stated in clear concise wording the facts which related to the point which I was trying to make. In my case my issue was that disclosure of information was not optional (I was told that I had to pay the restocking fees whether I knew about them or not.) and as a side issue I should have been allowed to speak to a supervisor to try to resolve my problem. My advice would be to first pursue your issue with the various agencies. In your letters and conversations try to remain calm state the facts as they happened, try to frame your letters in a way where they present a legitimate legal issue. This is the best way in which the agencies will listen. Consumer advocate websites such as this one and others on the web are a terrific source of free information. I was contacted by two and given some good advice on how to handle my problem. Don't give up!!! That is what the big corporations count on. Some of the class action suits filed against corporations such as this one began because of the thousands of complaints recieved by consumers like you and me. Good Luck Joen Arizona State University College of Law Class of 2008

Yesterday I got a phone call from T-Mobile Customer Relations in Albuquerque New Mexico apologizing for the bad experience. They said they had recieved my letters and had recieved a copy of my report from the Better Business Bureau. My account has been credited for the amount of the restocking fees. In my letters and my reports I stated facts pertaining to a legitimate legal issue. In other words I did my research and stated in clear concise wording the facts which related to the point which I was trying to make. In my case my issue was that disclosure of information was not optional (I was told that I had to pay the restocking fees whether I knew about them or not.) and as a side issue I should have been allowed to speak to a supervisor to try to resolve my problem. My advice would be to first pursue your issue with the various agencies. In your letters and conversations try to remain calm state the facts as they happened, try to frame your letters in a way where they present a legitimate legal issue. This is the best way in which the agencies will listen. Consumer advocate websites such as this one and others on the web are a terrific source of free information. I was contacted by two and given some good advice on how to handle my problem. Don't give up!!! That is what the big corporations count on. Some of the class action suits filed against corporations such as this one began because of the thousands of complaints recieved by consumers like you and me. Good Luck Joen Arizona State University College of Law Class of 2008

Jo, Sorry about not being able to receive the copy you requested of the instructions. From my experience, customers have never said it wasn't in the box. It is a small piece of paper about the size of a 4x6 index card. There is also a pre-paid mailing label in the box. The small paper says to 1) remove the battery cover, battery, and sim card from your old phone and place them on your replacement phone, AND 2) place the prepaid mailing label on the outside of the box on top of the original label and send back your old phone. Though it is too late to send your old phone back now, the terms are available on www.t-mobile.com, although I will admit myself that it took some searching to find. http://support.t-mobile.com/knowbase/root/public/tm21963.htm? Handset return and replacement policy If you recently purchased a new T-Mobile handset You have 14 calendar days (30 in CA) from the date of purchase to return purchased equipment to the point of purchase. Equipment must be in good working condition with original contents and packaging to be eligible for a refund of the purchase price. This return policy applies to the purchase of new equipment from T-Mobile or its authorized dealers. Proof of purchase is required. We may charge a restocking fee. A different return period may apply to accessory purchases. Prepaid cards, software, or games are not refundable. If your handset is defective and still under warranty If your handset is under warranty, you may contact Customer Care to order a replacement. Please note that when you call, Customer Care will first attempt to troubleshoot your handset problems. For this reason, please make your initial call to Customer Care from a different phone or you may limit the ability to troubleshoot. Once you receive the replacement handset, you must return the defective handset to T-Mobile to complete the exchange. To receive a replacement handset in advance, you must agree that we may charge you a $100 replacement charge if your handset is found to be outside the warranty period and/or is physically damaged. When receiving a new replacement handset, you have two available shipping options 1. UPS Ground shipping ($9.95 plus any applicable tax) for delivery within 7 Business days (unless the item ordered is on backorder). 2. UPS Express shipping ($15 plus any applicable tax) for delivery within 3 Business Days (unless the item ordered is on backorder) excluding weekends and holidays. UPS Express shipping is not available to PO Boxes, Military addresses that contain APO AE, or prepaid customers. Pay As You Go Customers. A Pay As You Go customer must send their phone into T-Mobile before receiving a replacement handset. To ensure we accurately track the handset order, please contact Customer Care prior to shipping the phone to T-Mobile. How to determine if your handset is under warranty If you purchased a new T-Mobile handset, it is under warranty for 12 months from the activation date on the T-Mobile network or the date of receipt, whichever is earlier. If you purchased a refurbished T-Mobile handset, it is under warranty from either 90 days of receipt or the remainder of your 12-month contract, whichever is longer. Please note that handset warranties are not transferable from one user to another. T-Mobile does not support warranties for any devices that were not purchased through T-Mobile or an authorized T-Mobile dealer. If it is apparent your device is not under T-Mobile's warranty, please contact the manufacturer for manufacturer specific warranties. How to determine if your handset is considered defective Handsets are generally considered to be defective and covered under warranty if the handset has stopped properly functioning due to no fault of the user. For example, a software malfunction would typically be considered a defect of the handset. Handset damage not considered defective includes, but is not limited to: 1. Cracks on or damage to the handset case indicating that the handset has been dropped. 2. Damage indicating that the handset has been exposed to liquid. 3. LCD damage such that the handset screen has cracks or blue spots. 4. Handsets that have been modified or tampered with. What to do when you receive your replacement handset If you still have your defective handset and need to exchange it, you will find a pre-paid mailing label in the shipping carton. Attach this label to the carton and use it to return the defective handset within seven (7) days of receiving your replacement model. IF YOU DO NOT RETURN THE DEFECTIVE HANDSET WITHIN SEVEN (7) DAYS, YOU WILL BE CHARGED T-MOBILE'S REPLACEMENT FEE FOR THE NEW HANDSET. If you have upgraded your handset through our handset upgrade program, you do not need to return the defective handset. What to do if you want to return your upgraded handset If you have just received your new handset in the mail, do not damage or discard the mailing carton that comes with the new handset. You will need this packaging if you want to return the handset for any reason. If you have received a handset upgrade, you may return it for an account credit if the handset is returned in its original packaging with all original contents undamaged and in good working condition. The handset must be returned within 14 calendar days of receipt. Refunds may take up to 30 days to be credited to your account. What to do if your handset has been lost or stolen Call Customer Care immediately to suspend your service. If your handset was stolen, please provide the Customer Care representative with the police report number (if available). Ask Customer Care about handset or SIM replacement options that may be immediately available to you. You will be charged for any call charges made prior to when you reported your handset as stolen and you will receive a credit for any charges made after you reported the handset as stolen. Your monthly bill will be prorated based on the time that your account is suspended. Once you have called Customer Care to report the handset as lost or stolen, your service will be suspended for up to a maximum of 14 days. If your handset has not been recovered within this time period, your current account will be cancelled to prevent any possible misuse. To avoid account cancellation, call Customer Care regarding your options for replacing the lost or stolen handset. If you have Equipment Protection by Asurion, please contact Asurion at 866-268-7221 to file a claim.

Jo, Sorry about not being able to receive the copy you requested of the instructions. From my experience, customers have never said it wasn't in the box. It is a small piece of paper about the size of a 4x6 index card. There is also a pre-paid mailing label in the box. The small paper says to 1) remove the battery cover, battery, and sim card from your old phone and place them on your replacement phone, AND 2) place the prepaid mailing label on the outside of the box on top of the original label and send back your old phone. Though it is too late to send your old phone back now, the terms are available on www.t-mobile.com, although I will admit myself that it took some searching to find. http://support.t-mobile.com/knowbase/root/public/tm21963.htm? Handset return and replacement policy If you recently purchased a new T-Mobile handset You have 14 calendar days (30 in CA) from the date of purchase to return purchased equipment to the point of purchase. Equipment must be in good working condition with original contents and packaging to be eligible for a refund of the purchase price. This return policy applies to the purchase of new equipment from T-Mobile or its authorized dealers. Proof of purchase is required. We may charge a restocking fee. A different return period may apply to accessory purchases. Prepaid cards, software, or games are not refundable. If your handset is defective and still under warranty If your handset is under warranty, you may contact Customer Care to order a replacement. Please note that when you call, Customer Care will first attempt to troubleshoot your handset problems. For this reason, please make your initial call to Customer Care from a different phone or you may limit the ability to troubleshoot. Once you receive the replacement handset, you must return the defective handset to T-Mobile to complete the exchange. To receive a replacement handset in advance, you must agree that we may charge you a $100 replacement charge if your handset is found to be outside the warranty period and/or is physically damaged. When receiving a new replacement handset, you have two available shipping options 1. UPS Ground shipping ($9.95 plus any applicable tax) for delivery within 7 Business days (unless the item ordered is on backorder). 2. UPS Express shipping ($15 plus any applicable tax) for delivery within 3 Business Days (unless the item ordered is on backorder) excluding weekends and holidays. UPS Express shipping is not available to PO Boxes, Military addresses that contain APO AE, or prepaid customers. Pay As You Go Customers. A Pay As You Go customer must send their phone into T-Mobile before receiving a replacement handset. To ensure we accurately track the handset order, please contact Customer Care prior to shipping the phone to T-Mobile. How to determine if your handset is under warranty If you purchased a new T-Mobile handset, it is under warranty for 12 months from the activation date on the T-Mobile network or the date of receipt, whichever is earlier. If you purchased a refurbished T-Mobile handset, it is under warranty from either 90 days of receipt or the remainder of your 12-month contract, whichever is longer. Please note that handset warranties are not transferable from one user to another. T-Mobile does not support warranties for any devices that were not purchased through T-Mobile or an authorized T-Mobile dealer. If it is apparent your device is not under T-Mobile's warranty, please contact the manufacturer for manufacturer specific warranties. How to determine if your handset is considered defective Handsets are generally considered to be defective and covered under warranty if the handset has stopped properly functioning due to no fault of the user. For example, a software malfunction would typically be considered a defect of the handset. Handset damage not considered defective includes, but is not limited to: 1. Cracks on or damage to the handset case indicating that the handset has been dropped. 2. Damage indicating that the handset has been exposed to liquid. 3. LCD damage such that the handset screen has cracks or blue spots. 4. Handsets that have been modified or tampered with. What to do when you receive your replacement handset If you still have your defective handset and need to exchange it, you will find a pre-paid mailing label in the shipping carton. Attach this label to the carton and use it to return the defective handset within seven (7) days of receiving your replacement model. IF YOU DO NOT RETURN THE DEFECTIVE HANDSET WITHIN SEVEN (7) DAYS, YOU WILL BE CHARGED T-MOBILE'S REPLACEMENT FEE FOR THE NEW HANDSET. If you have upgraded your handset through our handset upgrade program, you do not need to return the defective handset. What to do if you want to return your upgraded handset If you have just received your new handset in the mail, do not damage or discard the mailing carton that comes with the new handset. You will need this packaging if you want to return the handset for any reason. If you have received a handset upgrade, you may return it for an account credit if the handset is returned in its original packaging with all original contents undamaged and in good working condition. The handset must be returned within 14 calendar days of receipt. Refunds may take up to 30 days to be credited to your account. What to do if your handset has been lost or stolen Call Customer Care immediately to suspend your service. If your handset was stolen, please provide the Customer Care representative with the police report number (if available). Ask Customer Care about handset or SIM replacement options that may be immediately available to you. You will be charged for any call charges made prior to when you reported your handset as stolen and you will receive a credit for any charges made after you reported the handset as stolen. Your monthly bill will be prorated based on the time that your account is suspended. Once you have called Customer Care to report the handset as lost or stolen, your service will be suspended for up to a maximum of 14 days. If your handset has not been recovered within this time period, your current account will be cancelled to prevent any possible misuse. To avoid account cancellation, call Customer Care regarding your options for replacing the lost or stolen handset. If you have Equipment Protection by Asurion, please contact Asurion at 866-268-7221 to file a claim.

Jo, Sorry about not being able to receive the copy you requested of the instructions. From my experience, customers have never said it wasn't in the box. It is a small piece of paper about the size of a 4x6 index card. There is also a pre-paid mailing label in the box. The small paper says to 1) remove the battery cover, battery, and sim card from your old phone and place them on your replacement phone, AND 2) place the prepaid mailing label on the outside of the box on top of the original label and send back your old phone. Though it is too late to send your old phone back now, the terms are available on www.t-mobile.com, although I will admit myself that it took some searching to find. http://support.t-mobile.com/knowbase/root/public/tm21963.htm? Handset return and replacement policy If you recently purchased a new T-Mobile handset You have 14 calendar days (30 in CA) from the date of purchase to return purchased equipment to the point of purchase. Equipment must be in good working condition with original contents and packaging to be eligible for a refund of the purchase price. This return policy applies to the purchase of new equipment from T-Mobile or its authorized dealers. Proof of purchase is required. We may charge a restocking fee. A different return period may apply to accessory purchases. Prepaid cards, software, or games are not refundable. If your handset is defective and still under warranty If your handset is under warranty, you may contact Customer Care to order a replacement. Please note that when you call, Customer Care will first attempt to troubleshoot your handset problems. For this reason, please make your initial call to Customer Care from a different phone or you may limit the ability to troubleshoot. Once you receive the replacement handset, you must return the defective handset to T-Mobile to complete the exchange. To receive a replacement handset in advance, you must agree that we may charge you a $100 replacement charge if your handset is found to be outside the warranty period and/or is physically damaged. When receiving a new replacement handset, you have two available shipping options 1. UPS Ground shipping ($9.95 plus any applicable tax) for delivery within 7 Business days (unless the item ordered is on backorder). 2. UPS Express shipping ($15 plus any applicable tax) for delivery within 3 Business Days (unless the item ordered is on backorder) excluding weekends and holidays. UPS Express shipping is not available to PO Boxes, Military addresses that contain APO AE, or prepaid customers. Pay As You Go Customers. A Pay As You Go customer must send their phone into T-Mobile before receiving a replacement handset. To ensure we accurately track the handset order, please contact Customer Care prior to shipping the phone to T-Mobile. How to determine if your handset is under warranty If you purchased a new T-Mobile handset, it is under warranty for 12 months from the activation date on the T-Mobile network or the date of receipt, whichever is earlier. If you purchased a refurbished T-Mobile handset, it is under warranty from either 90 days of receipt or the remainder of your 12-month contract, whichever is longer. Please note that handset warranties are not transferable from one user to another. T-Mobile does not support warranties for any devices that were not purchased through T-Mobile or an authorized T-Mobile dealer. If it is apparent your device is not under T-Mobile's warranty, please contact the manufacturer for manufacturer specific warranties. How to determine if your handset is considered defective Handsets are generally considered to be defective and covered under warranty if the handset has stopped properly functioning due to no fault of the user. For example, a software malfunction would typically be considered a defect of the handset. Handset damage not considered defective includes, but is not limited to: 1. Cracks on or damage to the handset case indicating that the handset has been dropped. 2. Damage indicating that the handset has been exposed to liquid. 3. LCD damage such that the handset screen has cracks or blue spots. 4. Handsets that have been modified or tampered with. What to do when you receive your replacement handset If you still have your defective handset and need to exchange it, you will find a pre-paid mailing label in the shipping carton. Attach this label to the carton and use it to return the defective handset within seven (7) days of receiving your replacement model. IF YOU DO NOT RETURN THE DEFECTIVE HANDSET WITHIN SEVEN (7) DAYS, YOU WILL BE CHARGED T-MOBILE'S REPLACEMENT FEE FOR THE NEW HANDSET. If you have upgraded your handset through our handset upgrade program, you do not need to return the defective handset. What to do if you want to return your upgraded handset If you have just received your new handset in the mail, do not damage or discard the mailing carton that comes with the new handset. You will need this packaging if you want to return the handset for any reason. If you have received a handset upgrade, you may return it for an account credit if the handset is returned in its original packaging with all original contents undamaged and in good working condition. The handset must be returned within 14 calendar days of receipt. Refunds may take up to 30 days to be credited to your account. What to do if your handset has been lost or stolen Call Customer Care immediately to suspend your service. If your handset was stolen, please provide the Customer Care representative with the police report number (if available). Ask Customer Care about handset or SIM replacement options that may be immediately available to you. You will be charged for any call charges made prior to when you reported your handset as stolen and you will receive a credit for any charges made after you reported the handset as stolen. Your monthly bill will be prorated based on the time that your account is suspended. Once you have called Customer Care to report the handset as lost or stolen, your service will be suspended for up to a maximum of 14 days. If your handset has not been recovered within this time period, your current account will be cancelled to prevent any possible misuse. To avoid account cancellation, call Customer Care regarding your options for replacing the lost or stolen handset. If you have Equipment Protection by Asurion, please contact Asurion at 866-268-7221 to file a claim.

Jo, Sorry about not being able to receive the copy you requested of the instructions. From my experience, customers have never said it wasn't in the box. It is a small piece of paper about the size of a 4x6 index card. There is also a pre-paid mailing label in the box. The small paper says to 1) remove the battery cover, battery, and sim card from your old phone and place them on your replacement phone, AND 2) place the prepaid mailing label on the outside of the box on top of the original label and send back your old phone. Though it is too late to send your old phone back now, the terms are available on www.t-mobile.com, although I will admit myself that it took some searching to find. http://support.t-mobile.com/knowbase/root/public/tm21963.htm? Handset return and replacement policy If you recently purchased a new T-Mobile handset You have 14 calendar days (30 in CA) from the date of purchase to return purchased equipment to the point of purchase. Equipment must be in good working condition with original contents and packaging to be eligible for a refund of the purchase price. This return policy applies to the purchase of new equipment from T-Mobile or its authorized dealers. Proof of purchase is required. We may charge a restocking fee. A different return period may apply to accessory purchases. Prepaid cards, software, or games are not refundable. If your handset is defective and still under warranty If your handset is under warranty, you may contact Customer Care to order a replacement. Please note that when you call, Customer Care will first attempt to troubleshoot your handset problems. For this reason, please make your initial call to Customer Care from a different phone or you may limit the ability to troubleshoot. Once you receive the replacement handset, you must return the defective handset to T-Mobile to complete the exchange. To receive a replacement handset in advance, you must agree that we may charge you a $100 replacement charge if your handset is found to be outside the warranty period and/or is physically damaged. When receiving a new replacement handset, you have two available shipping options 1. UPS Ground shipping ($9.95 plus any applicable tax) for delivery within 7 Business days (unless the item ordered is on backorder). 2. UPS Express shipping ($15 plus any applicable tax) for delivery within 3 Business Days (unless the item ordered is on backorder) excluding weekends and holidays. UPS Express shipping is not available to PO Boxes, Military addresses that contain APO AE, or prepaid customers. Pay As You Go Customers. A Pay As You Go customer must send their phone into T-Mobile before receiving a replacement handset. To ensure we accurately track the handset order, please contact Customer Care prior to shipping the phone to T-Mobile. How to determine if your handset is under warranty If you purchased a new T-Mobile handset, it is under warranty for 12 months from the activation date on the T-Mobile network or the date of receipt, whichever is earlier. If you purchased a refurbished T-Mobile handset, it is under warranty from either 90 days of receipt or the remainder of your 12-month contract, whichever is longer. Please note that handset warranties are not transferable from one user to another. T-Mobile does not support warranties for any devices that were not purchased through T-Mobile or an authorized T-Mobile dealer. If it is apparent your device is not under T-Mobile's warranty, please contact the manufacturer for manufacturer specific warranties. How to determine if your handset is considered defective Handsets are generally considered to be defective and covered under warranty if the handset has stopped properly functioning due to no fault of the user. For example, a software malfunction would typically be considered a defect of the handset. Handset damage not considered defective includes, but is not limited to: 1. Cracks on or damage to the handset case indicating that the handset has been dropped. 2. Damage indicating that the handset has been exposed to liquid. 3. LCD damage such that the handset screen has cracks or blue spots. 4. Handsets that have been modified or tampered with. What to do when you receive your replacement handset If you still have your defective handset and need to exchange it, you will find a pre-paid mailing label in the shipping carton. Attach this label to the carton and use it to return the defective handset within seven (7) days of receiving your replacement model. IF YOU DO NOT RETURN THE DEFECTIVE HANDSET WITHIN SEVEN (7) DAYS, YOU WILL BE CHARGED T-MOBILE'S REPLACEMENT FEE FOR THE NEW HANDSET. If you have upgraded your handset through our handset upgrade program, you do not need to return the defective handset. What to do if you want to return your upgraded handset If you have just received your new handset in the mail, do not damage or discard the mailing carton that comes with the new handset. You will need this packaging if you want to return the handset for any reason. If you have received a handset upgrade, you may return it for an account credit if the handset is returned in its original packaging with all original contents undamaged and in good working condition. The handset must be returned within 14 calendar days of receipt. Refunds may take up to 30 days to be credited to your account. What to do if your handset has been lost or stolen Call Customer Care immediately to suspend your service. If your handset was stolen, please provide the Customer Care representative with the police report number (if available). Ask Customer Care about handset or SIM replacement options that may be immediately available to you. You will be charged for any call charges made prior to when you reported your handset as stolen and you will receive a credit for any charges made after you reported the handset as stolen. Your monthly bill will be prorated based on the time that your account is suspended. Once you have called Customer Care to report the handset as lost or stolen, your service will be suspended for up to a maximum of 14 days. If your handset has not been recovered within this time period, your current account will be cancelled to prevent any possible misuse. To avoid account cancellation, call Customer Care regarding your options for replacing the lost or stolen handset. If you have Equipment Protection by Asurion, please contact Asurion at 866-268-7221 to file a claim.

Thank you for taking the time to read my post. And, I am glad you had a better experience than I and so many others have had. In my case I was never told in the store nor was there anything on or in the packaging which would lead me to believe that there were any additional terms which I would have to abide by or look into. Two months later my service was discontinued and when I called to inquire about the problem I was told I owed money for the replacement phone. I was not given any options to resolve the problem nor was I given an opportunity to review the terms to which I was being held responsible. I was told that I was to be held to the terms whether I knew about them or not and there was nothing I could do about it. In reference to the T-Mobile(and others)case it is listed as an example of the fact that "T-Mobile is no stranger to deceptive business practices." In that case T-Mobile was advertising free long distance and free roaming while hiding the true costs in the fine print. While I agree with you that it is not exactly the same as my case. It never-the-less provides an excellent example about T-Mobile's business practices because their advertising was found to be deceptive and misleading and in violation of NYC Consumer Protection Law.

I was with T-Mobile for over three years and have had two phones replaced under warranty. The replacement phone comes with paperwork that clearly tells you that the old phone MUST be returned or you WILL be charged the retail cost. You simply didnt pay attention or read what you should have. Hint: Send the phone back now insured for the retail value [hope it gets lost] and send it certified. T-Mobile in my past experience has demonstrated excellent customer service. I think a civil tone and attitude goes a long way with them. Good Luck.

To Joan, In your response to this issue, you referenced the case of the New York City Department of Consumer Affairs vs T-Mobile (along with Sprint, Nextel, and previously filed against Verizon and Cingular). This lawsuit dealt with "The New York City Consumer Protection Law requires the type size used in print ads to be clear and conspicuous to the reader in order to avoid deceptive and unfair trade practices. It prohibits practices that have the capacity, tendency, or effect of deceiving or misleading consumers." This is something totally different. I have exchanged my phone before, and I forgot to send the phone back. They advised me over the phone that I needed to return the phone within 7 days. They did not charge my account for the restocking fee until after 45 days. They were even kind enough to call me and see if the phone was returned about a week before they charged my account. However, I do see that you had taken the phone to the dealer, so they may not have told you everything that they read to you over the phone. In my experience, T-Mobile has offered good customer service in the past.

1. File a report with the Better Business Bureau 2. File a report with the Federal Trade Commission 3. File a report with your local Attroney General's Office All these agencies can be found on line and complaints can also be filed on line. The more complaints they recieve the more likely the red flag will go up on this particular issue and company. In recent months several companies and retailers have been fined or filed lawsuit against for non-disclosure of information pertaining to restocking fees and hidden charges. The most recent are out of New York in violation of The Consumer Protection Law of the City of New York and filed by the New York City Department of Consumer Affairs. Also earlier in 2005 BlockBuster Video was sued for deceptive business practices pertaining to non-disclosure of restocking fees. The BlockBuster suit was settled and covered 47 states. Facts are that non-disclosure of information and hidden fees amount to deceptive business practices and are protected by consumer protection laws. T-Mobile is no stranger to deceptive business practices they just recently settled a lawsuit for deceptive advertising. In its lawsuit, the New York City Department of Consumer Affairs charged that "T-Mobile's advertisements were both confusing and misleading." Message from a PO'd Law Student who has nothing better to do than look up case law and legal news. I disclaim any responsibility for the actions of others taken upon reading this message. All reported information is of public access and can be verified accordingly. The intention of this message is only to inform consumers in my similar situation.