Another day, another lawsuit for a mobile provider. T-Mobile is being sued by Trent Alvarez, who after entering into an agreement with the provider was told he exceeded a 10GB data allotment on his “unlimited” data plan. The suit, being tried inYolo County, California, claims that T-Mobile’s advertisment of “Unlimited Web & Email” is misleading to consumers and falsely represents the data plan. This draws comparisons to a 2007 suit against Verizon in which the judge awarded the plaintiffs $1 million dollars after claiming they were mislead by Verizon’s “unlimited” data offering. While T-Mobile’s contract expressly states that they reserve the right to throttle data speeds, the argument will be made that users rarely read the fine print and that T-Mobile needs to advertise this policy more openly.
T-Mobile may fight back by arguing that exceeding 10GB is excessive, and may try to find instances of wrong doing in the plaintiff’s data history. Nevertheless, it will be interesting to see how the judge rules in this case and the impact it may have on similar suits in the future. T-Mobile currently offers a variety of Android phones, including the myTouch and the new Samsung Vibrant, and their increasing popularity may cause T-Mobile to rethink their current data plan all together.