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Class Action Lawsuit???

USCanthony

USCanthony

Member
Does anyone know if a class action lawsuit on behalf of all of the CDMA MetroPCS customers has been files against T-Mobile USA/MetroPCS yet? I am asking this because T-Mobile USA/MetroPCS has obviously lied to us and continue to lie through their FAQ on their website. They have stated and continue to state that the merger of the two companies will not have an affect on MetroPCS customers. This is obviously a lie and I am very upset that a phone I spent a lot of money on a year and a half ago is now useless. I live in the middle of Hollywood in Los Angeles, California so it is not as if I live in a rural area. before the company merger I received a three bar signal within my home. As of the past two months, I do not receive any network signal at all from within my home. No voice, no data, NOTHING! I have to exit my house and walk a few blocks away to even begin to receive a signal again. Now this is the middle of Hollywood which is a fairly crowded urban environment. If it is this bad for me, it had to be a whole lot worse from people in rural area's. My phone is a Galaxy S3 and when I purchased it I expected to get 3 years of use out of it. I take care of my phone (it has never been dropped) and with the good specs the phone has, three years is not an unreasonable expectation. Unfortunately, T-Mobile USA/MetroPCS seem to feel that I should go shell out more money and purchase a new phone since they have decided to take the bandwidth away from CDMA users. I have tried several times to speak to individuals over at MetroPCS about this on the phone but as soon as I mention that I am calling because of the disappearance of any usable signal since the merger of the two companies I suddenly get disconnected. It appears that their new corporate policy is to disconnect customers who call to complain about their phones no longer working. I have had it with how they think they can treat their old customers and am looking to see if anyone has already filed a class action lawsuit or knows of one. If not, are their other interested parties that would also like to force this new company to do the right thing and not just simply turn their backs on their CDMA customers like they think they are going to do.

- Anthony
 
In the ToS it says something to the tune of service isn't guaranteed(All carriers have it). You should try metro's Facebook team instead they are the best way to go in most cases.
 
The fcc wont do anything and a class action lawsuit would get thrown out in 5 minutes. Lol cmon now seriously. 1. As gman says there t.o.s. covers this issue. 2. You had the phone for a year and a half. I mean they lived up to there end with providing you service for a year and a half on it. And most importantly 3. You nor they are bound by any contract to each other. Meaning they owe you nothing and you owe them nothing. Dont like how your treated you are very free to leave at anytime.
 
Hold the phone there lol..... I've seen MPCS go pretty far to keep customers.

Metro has a trade-in program for a couple of markets where you can get a $199 trade in credit for that S3. It may not be available in LA area yet, but if you can prove your case and show them your phone is somewhat unusable due to the merger, perhaps they can make an exception. You'll never know until you ask.

And secondly, DON'T call them. Log into your MPCS account and do a live chat, and be nice. I've had best results with chat, all telephone CSRs will hang up on you.

Good luck!
 
USCanthony said:
I live in the middle of Hollywood in Los Angeles, California... As of the past two months, I do not receive any network signal at all from within my home. No voice, no data, NOTHING!
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Are other MetroPCS CDMA phones having issues in Hollywood? Have you asked if your local tower is having issues?

I don't think they've started shuting down that CDMA area yet. The first two markets are New England and Las Vegas, and those will be shutdown July 1st, 2014.
 
kate said:
Are other MetroPCS CDMA phones having issues in Hollywood? Have you asked if your local tower is having issues?

I don't think they've started shuting down that CDMA area yet. The first two markets are New England and Las Vegas, and those will be shutdown July 1st, 2014.
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Definitely worth asking there. When I moved to my current location, all of my phones were in full roaming, despite the coverage map showing I was in a strong 4G area. When I asked metro to look into this they discovered that there was indeed an outage they didn't know about, and I was the first customer to complain.

It happens sometimes, and they handled the situation well.
 
timmyh318 said:
The fcc wont do anything and a class action lawsuit would get thrown out in 5 minutes. Lol cmon now seriously. 1. As gman says there t.o.s. covers this issue. 2. You had the phone for a year and a half. I mean they lived up to there end with providing you service for a year and a half on it. And most importantly 3. You nor they are bound by any contract to each other. Meaning they owe you nothing and you owe them nothing. Dont like how your treated you are very free to leave at anytime.
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Of course there is a contract. The law protects consumers, and the law writes default terms into all type of consumer transactions, that the company is not able to get out of by fine print. Fitness of merchantablity comes to mind, - the guarantee that the thing sold will work for the purpose that it is sold. The consumers might win the class action suit, but it would be years, more likely would be a settlement that they give you a coupon But again, maybe 2 years. The FCC won't fix the problem for you, but they are likely to pass the complaint on to T-mobile. You'll then get a letter from an experienced person at T-mobile who is expert at making these type of problems go away.

The advice about a malfunctioning tower near your place, is good.
 
gelige said:
Of course there is a contract. The law protects consumers, and the law writes default terms into all type of consumer transactions, that the company is not able to get out of by fine print. Fitness of merchantablity comes to mind, - the guarantee that the thing sold will work for the purpose that it is sold. The consumers might win the class action suit, but it would be years, more likely would be a settlement that they give you a coupon But again, maybe 2 years. The FCC won't fix the problem for you, but they are likely to pass the complaint on to T-mobile. You'll then get a letter from an experienced person at T-mobile who is expert at making these type of problems go away.

The advice about a malfunctioning tower near your place, is good.
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The product worked fine for over a year and a half they held up there bargain. The customer has no chance in a class action suit. They tried the same thing with nextel and they got laughed at. I was one of the people who bought a shiny new i880 for alot more than the s3 sells and a few years later i was sol. Sprint did offer discounts on a sprint device just as metro does and thats all they need to do to get out of it. Offer a replacement at close to replacment cost. Seeing as the phones about a year and a half old thats nowhere near what they paid for it. Tmobiles or any company isnt dumb they cover there tracks well. And as seeing the network isnt gone yet even there is zero recourse a consumer can take. You can try all you want and honestly best of luck.
 
I also have an old blue att tdma phone somewhere can i sue att because it doesnt work like its intended to anymore?
 
timmyh318 said:
The fcc wont do anything and a class action lawsuit would get thrown out in 5 minutes. Lol cmon now seriously. 1. As gman says there t.o.s. covers this issue. 2. You had the phone for a year and a half. I mean they lived up to there end with providing you service for a year and a half on it. And most importantly 3. You nor they are bound by any contract to each other. Meaning they owe you nothing and you owe them nothing. Dont like how your treated you are very free to leave at anytime.
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timmyh318 said:
I also have an old blue att tdma phone somewhere can i sue att because it doesnt work like its intended to anymore?
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Sure, you could sue them. But it sounds like you know its a joke, so then idon't be surprised that a Judge gives you nothing, and possibly even asks you to pay the costs of the suit that ATT expended.
 
gelige said:
Sure, you could sue them. But it sounds like you know its a joke, so then idon't be surprised that a Judge gives you nothing, and possibly even asks you to pay the costs of the suit that ATT expended.
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Lol exactly. Just like a class action against metro would be a joke. Now if metro was a contract carrier and made people pay there etf if they decided to leave because of the merger and shutdown then yes. Sprint nextel tried to do this and they were in fact sued and had to pay those customers back for there etf's. But again there is no contract with metro so it doesnt apply here. You can simply leave. Theres plenty of cases where this happens. If you were able to sue each time it would be outta hand. In 2021 verizon will shut down there evdo 3g network that doesnt mean everyone who has a moto g or iphone 4 or 4s can sue. Just doesnt work that way.
 
Thanks to everyone for all of the good advice. I will try the suggestion of chatting via their website before anything else and see where that gets me.

I don't know anyone else in the area that has a CDMA MetroPCS phone so I can't say if others are having the same problem. I could not get a signal at all yesterday when travelling in about a 12 mile radius from my home. I do pick up a signal though in certain areas and have even gotten a fairly strong signal over by my parents house so I am not sure it is the phone but then again...a twelve mile dead radius in a highly populated part of Los Angeles shouldn't or wouldn't go un-noticed for very long and this has been going on for about 2 months. My upset with them if this is being caused by the rollover to GSM is that have stated and continue to state that this change will not have an affect on CDMA users. I have always questioned just how accurate that statement could be but this is ridiculous. I also don't feel it is right that their change basically forces users with perfectly good phones to have to go out and spend another $400 to $500 on a new phone. I will try the chat thing though and see what they have to say. Thanks for all of the good advice from everyone. You have all helped me out.
 
USCanthony said:
Thanks to everyone for all of the good advice. I will try the suggestion of chatting via their website before anything else and see where that gets me.

I don't know anyone else in the area that has a CDMA MetroPCS phone so I can't say if others are having the same problem. I could not get a signal at all yesterday when travelling in about a 12 mile radius from my home. I do pick up a signal though in certain areas and have even gotten a fairly strong signal over by my parents house so I am not sure it is the phone but then again...a twelve mile dead radius in a highly populated part of Los Angeles shouldn't or wouldn't go un-noticed for very long and this has been going on for about 2 months. My upset with them if this is being caused by the rollover to GSM is that have stated and continue to state that this change will not have an affect on CDMA users. I have always questioned just how accurate that statement could be but this is ridiculous. I also don't feel it is right that their change basically forces users with perfectly good phones to have to go out and spend another $400 to $500 on a new phone. I will try the chat thing though and see what they have to say. Thanks for all of the good advice from everyone. You have all helped me out.
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They always said that the cdma network would be shut down. They said it wouldnt affect cdma users in the short term and ut really hasnt. But honestly metro isnt the only one doing this within the next 5-7 years every cdma network will be shut down or be in the process of being shut down. Its just part of the business tech advances. Again i use my old tdma model phone as an example. When digital took over and every company switched it left my phone obsolete. Cdma is heading in that direction. Sucks sure but analog phones and iden phones all suffered the same fate. The whole network isnt suppose to be off till next year so they would of gave a little over 2 years notice. By then you would of had your s3 for almost 3 years they fulfilled there obligation. Heck metro is literally giving away gsm phones right now to get people to join. So you really dont have to pay 4 to 5 bills to get a device.
 
Just a quick follow up on my online chat with MetroPCS....

The problem is the CDMA to GSM change-over. Most of the cell sites within my area have been changed over to GSM and according to the individual at MetroPCS, they will all be changed over by July and CDMA will go away entirely in July. MetroPCS customers that still have CDMA phones have until July to get a new phone or be without service. Since the FAQ part of their website still claims that CDMA customers will not be affected and since repeated inquiries with individuals (in the past) at one of their corporate stores always resulted in, Don't worry, you will continue to still have service and your phone will continue to work"....this is wrong on so many different levels. The person I chatted with at MetroPCS told me that I should go into a corporate store and talk to the manager at that location and MAYBE they will work out a deal with me. Managers of corporate stores have been authorized to give discounts or rebates in this situation but it is left to their discretion. I am assuming that it depends on how long the individual has been a MetroPCS customer and how old their CDMA phone is. I still have to go down to a corporate store but will do that very soon because things have only gotten worse since I first created this thread. The dead CDMA area around me is now about a 10 mile radius. My Galaxy S3 that is in perfect condition and which cost me $599 a year and a half ago is now basically a paperweight. For those of you who do not think there is a problem with what T-Mobile USA is doing to long time MetroPCS customers, try being on my end of this. I am not an Apple fan boy type that is prepared to run out and flop down that type of money on a new phone ever year. When I spent that money I spent it with the expectation that I was buying a phone that had the specs and power to keep up with things for 3 years. The T-Mobile/MetroPCS merger wasn't even on the radar at the time (at least not for the general public). I would have never gone with MetroPCS if there had even been a hint of this happening at that time. If you still have a CDMA phone and this has not started happening to you as of yet....BEWARE...you need to do something and you need to do something quickly. It is obvious that T-Mobile USA does not care how it treats its customers (MetroPCS customers are now T-Mobile USA customers no matter what they might say) so try ad do something while you can or be stuck with a paperweight and no service and no warning that the service was going to be gone so quickly.

- Anthony
 
USCanthony said:
Just a quick follow up on my online chat with MetroPCS....

The problem is the CDMA to GSM change-over. Most of the cell sites within my area have been changed over to GSM and according to the individual at MetroPCS, they will all be changed over by July and CDMA will go away entirely in July. MetroPCS customers that still have CDMA phones have until July to get a new phone or be without service. Since the FAQ part of their website still claims that CDMA customers will not be affected and since repeated inquiries with individuals (in the past) at one of their corporate stores always resulted in, Don't worry, you will continue to still have service and your phone will continue to work"....this is wrong on so many different levels. The person I chatted with at MetroPCS told me that I should go into a corporate store and talk to the manager at that location and MAYBE they will work out a deal with me. Managers of corporate stores have been authorized to give discounts or rebates in this situation but it is left to their discretion. I am assuming that it depends on how long the individual has been a MetroPCS customer and how old their CDMA phone is. I still have to go down to a corporate store but will do that very soon because things have only gotten worse since I first created this thread. The dead CDMA area around me is now about a 10 mile radius. My Galaxy S3 that is in perfect condition and which cost me $599 a year and a half ago is now basically a paperweight. For those of you who do not think there is a problem with what T-Mobile USA is doing to long time MetroPCS customers, try being on my end of this. I am not an Apple fan boy type that is prepared to run out and flop down that type of money on a new phone ever year. When I spent that money I spent it with the expectation that I was buying a phone that had the specs and power to keep up with things for 3 years. The T-Mobile/MetroPCS merger wasn't even on the radar at the time (at least not for the general public). I would have never gone with MetroPCS if there had even been a hint of this happening at that time. If you still have a CDMA phone and this has not started happening to you as of yet....BEWARE...you need to do something and you need to do something quickly. It is obvious that T-Mobile USA does not care how it treats its customers (MetroPCS customers are now T-Mobile USA customers no matter what they might say) so try ad do something while you can or be stuck with a paperweight and no service and no warning that the service was going to be gone so quickly.

- Anthony
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Except for all the warnings and stuff, but seriously you bought the device without knowing the future of metro and that isn't your fault. Sure many are going to be mad their s3s are...going to be "useless" and that they spent that much cash on it others don't care because they sold it as soon as byod hit, but that is the game.

Personally I knew the merger was going to be a thing late 2012 so I bought a motion and keep up on gsm phones till September of 13 when I bought my atrix (when byod hit Detroit), I have been telling friends family and people I don't like HEY you should drop those old metro devices before they are worth nothing.. None listen of course. In their minds, it work just fine, lg motion all I need and your bsing can't shut it down.
 
According to your timeline you bought the phone 18 months ago which would be Dec 2012. The merger was announced in Oct 2012. Rumors of the merger date back to May 2012. They did talk extensively about the their plans and that they will have phased out the CDMA network by 2015. By my estimations you should have known you wouldn't be getting your 3 years expectation out of the phone. From the time it was announced 2 years was pretty the max for any phone bought.

Pretty much your best bet at this point is what you have been advised and talking to a corporate manager. If it was me I'd probably get a Nexus 5 ($350) or MotoG ($200) and put the MetroPCS SIM card in it.

Actually if I was you I'd probably look to see if I could move the phone from MetroPCS to a CDMA based MVNO like Ting. Barring that though there are few ways to get a quality phone that will carry you for the next 3 years without spending $600 to $700.

A class action suit isn't going to happen. Even it did you'd probably get $20 five years from now.
 
fdbryant3 said:
According to your timeline you bought the phone 18 months ago which would be Dec 2012. The merger was announced in Oct 2012. Rumors of the merger date back to May 2012. They did talk extensively about the their plans and that they will have phased out the CDMA network by 2015. By my estimations you should have known you wouldn't be getting your 3 years expectation out of the phone. From the time it was announced 2 years was pretty the max for any phone bought.

Pretty much your best bet at this point is what you have been advised and talking to a corporate manager. If it was me I'd probably get a Nexus 5 ($350) or MotoG ($200) and put the MetroPCS SIM card in it.

Actually if I was you I'd probably look to see if I could move the phone from MetroPCS to a CDMA based MVNO like Ting. Barring that though there are few ways to get a quality phone that will carry you for the next 3 years without spending $600 to $700.

A class action suit isn't going to happen. Even it did you'd probably get $20 five years from now.
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Not that it really makes any difference but according to the official merger timeline from the folks at MetroPCS, the merger was announced in May of 2013. That was when they announced it publicly but if you had inside connections with either Metro or T-Mobile, you could have heard about it earlier but the date that really counts is the official announcement date. The merger did not start to take place until much later in 2013 and it was completed in January of 2014 (per MetroPCS).

As I said....it really does not matter though. Things are very messed up within the new company right now and they don't have a clue as to what is really going on. If you talk to someone over the phone you will get a whole story about how they really do care about their older CDMA customers and while they realized the the change would be a bit painful on them, the company is trying to make it as painless as possible by offering trade-in value for your old phone plus a free bump up upgrade (not sure what they mean by that). If you go into a corporate store it is a different story. I went into a corporate store and told them I have totally lost the CDMA signal around my home and to get a signal that can actually be used without it dropping out I have to go a bit over a mile from my home. I asked about switching my phone over to a GSM phone and was told that as of right now if I want to get a GSM phone I will have to purchase it for the normal full purchase price. The upgrade deals being offered elsewhere are not currently being offered in Los Angeles and while they are eventually supposed to be offered here, nobody could tell me when that might happen. So bottom line from the corporate store was either cough up the full purchase price for a new GSM phone or wait until the upgrade offer is authorized for Los Angeles and even though my current phone is pretty useless right now, I will still need to pay my monthly fee's (even though I am not using their network) because that is the only way I will still qualify for the upgrade when it eventually happens.

So right now I do not have a cell phone that works in area's that i am in 80% of the time. I am still paying my monthly charge though because I need to be an existing CDMA customer whenever they do authorize the upgrade deal for my area. They don't seem to see how this has been quite painful for me though. The people that work in the corporate store (including the manager) have all pretty much shrugged their shoulders and have said, "sorry...can't help you unless you want to purchase a new phone".
 
USCanthony said:
Not that it really makes any difference but according to the official merger timeline from the folks at MetroPCS, the merger was announced in May of 2013. That was when they announced it publicly but if you had inside connections with either Metro or T-Mobile, you could have heard about it earlier but the date that really counts is the official announcement date. The merger did not start to take place until much later in 2013 and it was completed in January of 2014 (per MetroPCS).

As I said....it really does not matter though. Things are very messed up within the new company right now and they don't have a clue as to what is really going on. If you talk to someone over the phone you will get a whole story about how they really do care about their older CDMA customers and while they realized the the change would be a bit painful on them, the company is trying to make it as painless as possible by offering trade-in value for your old phone plus a free bump up upgrade (not sure what they mean by that). If you go into a corporate store it is a different story. I went into a corporate store and told them I have totally lost the CDMA signal around my home and to get a signal that can actually be used without it dropping out I have to go a bit over a mile from my home. I asked about switching my phone over to a GSM phone and was told that as of right now if I want to get a GSM phone I will have to purchase it for the normal full purchase price. The upgrade deals being offered elsewhere are not currently being offered in Los Angeles and while they are eventually supposed to be offered here, nobody could tell me when that might happen. So bottom line from the corporate store was either cough up the full purchase price for a new GSM phone or wait until the upgrade offer is authorized for Los Angeles and even though my current phone is pretty useless right now, I will still need to pay my monthly fee's (even though I am not using their network) because that is the only way I will still qualify for the upgrade when it eventually happens.

So right now I do not have a cell phone that works in area's that i am in 80% of the time. I am still paying my monthly charge though because I need to be an existing CDMA customer whenever they do authorize the upgrade deal for my area. They don't seem to see how this has been quite painful for me though. The people that work in the corporate store (including the manager) have all pretty much shrugged their shoulders and have said, "sorry...can't help you unless you want to purchase a new phone".
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I can totally believe you about the difference between what some people say, and what is said at various corporate stores. But. it seems like a bad choice, to pay a phone service that is only available 20% of the time. And, Mostly, they are only discounting you $29 minus the $10 upgrade fee, or $19, so if you are not exaggerating, you ought to either, try to get them to fix the tower near your house, or change to a different carrier.
 
Your right it doesn't really matter, but you have some really bad sources of information on this. I should just let it go because it doesn't really change the fact of where you are now.........but some nights I just have to indulge being "that guy" on the Internet, so here is what a little Googling reveals about the merger:

2012-05-10 Deutsche Telekom rumored to be considering merger of T-Mobile with MetroPCS

2012-10-03 PCMAG: T-Mobile Confirms Plans to Merge With MetroPCS

The following is information from the FCC timeline (this is public record all the way through):


Now looking at the T-Mobile merger page I do see that they do not begin operating as one company till May 1st, 2013. So you are correct with that - but the notion that you couldn't have known that the merger was happening before then is just completely wrong. It was announced in October, filed in October, had a shareholder lawsuit filed in October, etc. etc. etc.


Maybe you missed all that in the news but it was all public record.

As to your current problem, I'd get back on the phone and tell them what the corporate store said and how it differs from what you were told and speak with a supervisor about it. If they say you should be able to get a discount - then make arrangements with them so you can call them while your at the corporate and make them work it out. You might also want to look up senior management information on the T-mobile Investor Relations page and write letters (not email) to them (call even if you can).

I'd also find out what the deals they are offering in compensation to CDMA customers are. You very well might do just as well buying a used phone, or a Nexus 5, or MotoG and just take advantage of the BYOD plan and doing it now.

And as I mentioned before- there is always the ultimate option, switch carriers. MetrePCS isn't the only game in town and honestly may no longer be the best for you. Heck tell them your going to switch and see what they offer you.
 
Also, you may want to find the "Vice President, Regional General Manager" . for your Area (LinkedIn will be good for this). I've done this. Remember who you're talking to. RVP. Don't talk coverage/etc. (they'll know more than you do).

State your case clearly/concise.

My Phone was jacked, no one could hear me and when they did, sounded like Charlie Brown Teacher voice.

Went to MPCS Corp store. Dude punk'd me *STRAIGHT OUTTA THE GATE*--I wasn't mad/nothing.

To prove to me it "worked" . Corp dude called the other corp girl / on corp land line/standing right next to him...Said I hear her just fine. You hear me (to her). Yes. *Laughing*


I *literally* said "Come on man, I'm not running some scam here. I know I'll get a refurbished phone". He walked away from me, goes to his terminal computer--started typing away (clearly in my account). ---someone had messed with his Wheaties that morning...for *SURE*.


Here's the (full) VP, RGM List of MetroPCS.
Sales People are typically the easiest to get help from (in any situation).

https://www.linkedin.com/vsearch/f?type=all&keywords=MetroPCS+Regional+Vice+President

Be sure you click "Current Company" (couldn't paste that---too long of a "dirty" url

The email format follows FirstInital, Last name @ metropcs.com
JDoe@metropcs.com
(if they don't accept a "Link" request from you.

You'll get pushed downward. *BUT* at least it's an VP, RGM pushing you down to "Customer Operations Manager" .

Blame *THE PHONE* (not MPCS "service coverage" yadah, yadah, yadah--blaming the phone makes it a solvable issue. Blaming "service coverage" they can't fix.

Good Luck.
 
https://gigaom.com/2012/10/13/how-the-t-mobile-metropcs-merger-affects-consumers/

It would be nice if Metro gives CDMA device owner's a nice, deep discount on GSM devices.

I got my Spirit from Wirefly and Metro honored the rebate, so I've only invested $159, but still, what about the people that paid full price from Metro?

If Metro wants to retain their CDMA clients, they need to offer some deeeeep discounts for those of us that purchased CDMA phones. I walked into a dealer the other day and they are still selling the LG Spirit!

Otherwise, they are going to have a class-action lawsuit on their hands.

Are they going to replace my Spirit with a comparable phone for $159?
Or why should I even have to pay a penny if my device is working great?

The fact that mine still runs great and I have no reason to upgrade or buy a new phone and that I love my current device makes it worse.

Give me a refurbished Sammy S-3 GSM compatible model and we'll call it even.

Otherwise, I'm done with Metro. And will be looking to class-action lawsuit.
 
As far as Class Action or any lawsuit you might as well hang that idea up. The TOS is so clearly in the favor of the phone carrier its not even funny. Secondly i agree with 2012HereforNow. Find out who is the RVP in your area and contact them with your phone issues not coverage issues. However after 18 months any phone is out of factory warranty so anything they are willing to do for you, you should consider as a huge favor.

Now with that being said, live chat is a wonderful thing on Metro's website, just don't get rude with them, and again blame the phone not the coverage. They are quite nice to talk to and will help you out a lot. If not

Contact the Metro RVP, again complain about phone not coverage. He/She will knock it down to a regional manager, and they will probably knock it down to the manager at your local corporate store to give you a considerable discount on a new or free refurbished phone.

There are a lot of options available to you for assistance, you just have to be willing to be kind to the people. A little kindness goes a long way. I went through 2 S3's and so far 3 LG L70's. My local corp store has been awesome about them all.
 
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