Court Clears Way for Mobile-Phone-Unlocking Lawsuit Against T-Mobile

[Edward]

Wired News is reporting that a California court has cleared the way for a lawsuit against T-Mobile to proceed. The issue involves the locking of phones so that they only work on T-Mobile's network.

The article also mentions that the arbitration clause (including the prohibition on class-action lawsuits) contained in agreements that customers sign, is unenforceable.

Court Clears Way for Mobile-Phone-Unlocking Lawsuit Against T-Mobile (http://www.wired.com/politics/law/news/2007/10/tmobile)

[Ellen]

Here we go. Another silly lawsuit to add to the others...:rolleyes:
Is it me, or do all these new lawsuits seem to be coming mostly from CA?

[darkjedi]

Here we go. Another silly lawsuit to add to the others...:rolleyes:
Is it me, or do all these new lawsuits seem to be coming mostly from CA?

Those silly Californians...what can you say about a state that elects the Terminator as governor?

[Edward]

Here we go. Another silly lawsuit to add to the others...:rolleyes:
Is it me, or do all these new lawsuits seem to be coming mostly from CA?

I've heard that the 9th Circuit Court (which I think sits in San Francisco) is the most liberal.

[Rzrlvr74]

I'm slightly amused by this. Do you not expect a cell phone carrier to lock a phone to it's network? It is business. They have a contract with a certain manufacturer to produce a cell phone exclusive to that particular carrier so as to draw business. I would not expect any less from any carrier. How stupid have people become?:rolleyes:

[wm1]

Wirelessly posted (Mozilla/4.0 (compatible; MSIE 6.0; Windows CE; IEMobile 6.12) T-Mobile Dash)

Gotta love California...I've never had a problem getting my phones unlocked. Heck, if you want to use an unlocked phone on their network they'll even send you the internet settings. The iPhone I can understand since neither the manufacturer or the carrier will authorize unlocking but not T-mobile...silly Californians

[Galvatron]

you no the scary thing is arizonas goverments wanna base off california 20 years ago that alone is scarry an yes CA is the most libral and crazy state near me.

heck on CA mayore wanted to bad peole from smoking in there house not a big fan of smoking but com on! you can't ligh up in public ther an you ar littarlly having the goverment dictating how to live your life thats going to far

[PortPowerKS]

Those silly Californians...what can you say about a state that elects the Terminator as governor?

I sure didn't vote for him the 1st time around.. I'd rather have voted for Ali G! :D

Edit: Unlocking my Nokia 6600 was not a problem, as it was for a legitimate reason, and I was living in California at the time..The only f-up I've had was here in Kansas, see another thread for the details..

[Railroader]

you no the scary thing is arizonas goverments wanna base off california 20 years ago that alone is scarry an yes CA is the most libral and crazy state near me.

heck on CA mayore wanted to bad peole from smoking in there house not a big fan of smoking but com on! you can't ligh up in public ther an you ar littarlly having the goverment dictating how to live your life thats going to far

Are you by chance related to Archie Bunker? Let's see, everybody who doesn't agree with you is a communist, every state next to you is going to hell, and we all are mindless, communists in CA, that's fine :)

[Railroader]

It's okay, we have the snowiest place in the US (Sierra Nevada Mountains), the highest point in the lower 48 (Mount Whitney), the lowest spot in the entire US (Death Valley), the largest living things in the world (Redwoods), the largest living things in the world (Sequoia), the oldest living things in the world (Bristlecone Pine), largest free standing volcano outside of Alaska (Mount Shasta) number one agricultural producing state, vast forests, unspoiled coastal areas, excellent passenger and freight train system, deserts...almost every climate there is on Earth, hey, there simply is no other place I've found yet that has the sheer variety in one place that CA does, for all that I'll take the Enquirer style pot shots are are beautiful state :) I guess when you're on top, they try to knock ya down ;)

Oh, I didn't vote for Arnie either.

[gapboi954]

oh boi

[Galvatron]

Are you by chance related to Archie Bunker? Let's see, everybody who doesn't agree with you is a communist, every state next to you is going to hell, and we all are mindless, communists in CA, that's fine, you can live in our fantasy world, just don't drag us into it :)
No CA is the most endebted state in the Union and has really bad spending habbits. no matter whos govoner. they are also one of the most regulated states you have celebs who drivre DUI or are complete drug adicts or both an overcrowded jail system the cost of living is up there with new york. an thos wo can't afford it move down here to AZ.

also id don't think everybody I don't like is a comunist I just ting all the demacratic presidental canidates all ther policies an proposals ar socalist which would hurt the US economy. that is one of the reson the USSr dosn't exist there economy went down the crapper in the 70-80's.

and i just falue my rights an freedom most would take for granted.

I do however despise the left wing folk who want a Nanny state an have this freeloading sense of entittlemet.

example i was shopping in a wall mart an this elderly lady was griping how her sons won't buy her a computer because she feels entittled to it because she is a grandma.

[Rzrlvr74]

No CA is the most endebted state in the Union and has really bad spending habbits. no matter whos govoner. they are also one of the most regulated states you have celebs who drivre DUI or are complete drug adicts or both an overcrowded jail system the cost of living is up there with new york. an thos wo can't afford it move down here to AZ.

also id don't think everybody I don't like is a comunist I just ting all the demacratic presidental canidates all ther policies an proposals ar socalist which would hurt the US economy. that is one of the reson the USSr dosn't exist there economy went down the crapper in the 70-80's.

and i just falue my rights an freedom most would take for granted.

I do however despise the left wing folk who want a Nanny state an have this freeloading sense of entittlemet.

example i was shopping in a wall mart an this elderly lady was griping how her sons won't buy her a computer because she feels entittled to it because she is a grandma.

LMAO...At what point will society realize that not everything will be handed to them on a silver platter. We need to get back to basics and develop values and ethics. I think the "ME" generation started it. So many people were born into the Great economy during the Reagan years and now that the economy is teetering, they cannot adjust to not being given everything like Mommy and Daddy gave them. I'm a little scared for our future. The housing market is a prime example. All these people that wanted "McMansions" (or cookie cutter mansions) were wedged into jumbo loans with an ARM and now two years later are faltering because their interest rates skyrocketed. It's all for the sake of "My house is bigger than your house." Craziness!

[Nwahs]

After this conversation got off topic, it started going down hill. Try to stay on topic please, and if you are going to disagree with another user, please do it respectfully.

Yes, many lawsuits come out of California, but I think they are a step ahead of the rest of us in many ways. I think this lawsuit is frivolous. Of all the carriers to sue about locking phones, I think T-mobile is the most liberal. They will unlock your phones for you for free, and they will also help with and support unlocked phones 100%.

[j__1]

Yes, many lawsuits come out of California, but I think they are a step ahead of the rest of us in many ways. I think this lawsuit is frivolous. Of all the carriers to sue about locking phones, I think T-mobile is the most liberal. They will unlock your phones for you for free, and they will also help with and support unlocked phones 100%.It appears the trend is leaning towards more control on the consumer front... with many more options available. However, I hope the masses are prepared for the downside of higher up front costs.

Regardless of what happens with all of these lawsuits, one thing is certain: the business model is changing.

[jgebis]

I'm slightly amused by this. Do you not expect a cell phone carrier to lock a phone to it's network? It is business.

Right now, it's the way things are done -- but it shouldn't be. Companies should be able to use incentives or disincentives (stay with us and we'll give you XYZ, if you break a contract with us there's a penalty of $XYZ) to encourage consumers to do something, but artificially locking phones to a single carrier is anti-consumer and anti-competition.

It would be tough for one carrier to stop on its own, as long as other carriers are doing it. That's why a court case could be a good answer: clarify that all of the carriers have to allow phone manufacturers to compete on the quality of their phones, and carriers to compete on the quality of their service.

[Nwahs]

Please review these rules:

http://www.t-mobilesignal.com/forum/f235/political-touchy-discussions-forum-rules-1849.html

They apply for this thread.

[Nwahs]

I'm opening this post assuming it will follow the above rules.

Back to the topic at hand. Does anyone disagree that in the United States, T-mobile is the most liberal of the carriers when it comes to unlocked/unlocking phones?

[Ellen]

I'm opening this post assuming it will follow the above rules.

Back to the topic at hand. Does anyone disagree that in the United States, T-mobile is the most liberal of the carriers when it comes to unlocked/unlocking phones?
I wouldn't say that T-Mobile is the most liberal. AT&T's international care line has given me the unlock codes for every one of the phones that I have requested the code for. I have also received help to reconfigure my phones from them as well......That being said, I do feel that T-Mobile has been just as accommodating with the unlock requests that I have made from them as well.
I'm all for all the carriers charging full retail for an unlocked phone to begin with, so that customers don't have to be bothered with the unlock process.

[Rzrlvr74]

Right now, it's the way things are done -- but it shouldn't be. Companies should be able to use incentives or disincentives (stay with us and we'll give you XYZ, if you break a contract with us there's a penalty of $XYZ) to encourage consumers to do something, but artificially locking phones to a single carrier is anti-consumer and anti-competition.

It would be tough for one carrier to stop on its own, as long as other carriers are doing it. That's why a court case could be a good answer: clarify that all of the carriers have to allow phone manufacturers to compete on the quality of their phones, and carriers to compete on the quality of their service.

I do agree with you that it is not best practice, however I do think that it should initially be expected. While the phones should be a lure, a carrier does need to maintain good service to keep the customers. It would be nice, as well, if phones could be either GSM or CMDA. As it stands, even if I wanted an LG Chocolate. I would be unable to unlock it and use it with T-Mobile as it is not designed to handle
a SIM card. The lawsuit is hopefully going to go the way of " change things to better serve people" and not the " I want a boatload of money because I did not get my way". We'll see how it turns out.

[Davesworld]

I feel that Tmo is the most accomodating carrier as far as how they treat customers in the US. They've been known to help people set up unlocked phones or unbranded unsubsidized phones and why wouldn't they? Ultimately, the carriers are better served if the service sells itself rather than trapping people for years at a time. I avoid subsidized phones anyway so I already pay the cost of freedom.

[chokaay]

I feel that Tmo is the most accomodating carrier as far as how they treat customers in the US. They've been known to help people set up unlocked phones or unbranded unsubsidized phones and why wouldn't they? Ultimately, the carriers are better served if the service sells itself rather than trapping people for years at a time. I avoid subsidized phones anyway so I already pay the cost of freedom.


I agree. T-Mobile is one of the most accomidating carriers... but looks like other carriers are trying to seem that way too (or are afraid of getting sued like T-Mobile is):

MSNBC: AT&T Changes Fee Policy For Contracts (http://www.t-mobilesignal.com/forum/f11/msnbc-t-changes-fee-policy-contracts-1869.html)