Two and a half years on someone finally decides to sue over unwanted text messages

I have to admit I was pleasently surprised (for once) to read about a new class action suit. This one was being filed over T-Mobile's practice of refusing to block text messages and then charging customers for receiving them. This is something that I blogged about two and a half years ago when T-Mobile told my partner (whose bill I pay) that it was impossible to block unwanted text messages from someone she didn't know. These were being sent by some kid who was crank texting her (or just had the wrong number).

I was, how shall I put it, "gobsmacked" that they could claim it was impossible to block those texts and her only recourse was to change her phone number. I mean what kind of P.O.S. network were they running that such a request was not possible. There really was only one answer - it was a deliberate ploy to extract the most text fees from all their customers. As anyone knows texts are expensive and getting more expensive and yet the underlying cost to networks is essentially zero because they are sent on a control channel that is otherwise unused and if there is ever any conflict texts are just not delivered (although I'd happen to guess customers still get billed!).

In general I'm not a particular fan of class action suits - but in this case I see that it was basically the only way to force a corporation to drop a practice it was clearly pursuing to maximize profit. In the USA since the 1919 Supreme Court case Dodge v. Ford Motor Co corporations have been legally obliged to persue profit over customer interests until such time as it is no longer profitable to ignore those interests. And since almost no individual has money to make a case against a carrier stronger than moving their business elsewhere, then a class action suit and associated punitive damages is basically the only effective way for them to get such a result, especially since such behavior seems to be endemic in the cellular industry.

Hence I would actually encourage you to contact the lawyers involved (see the linked article) if you believe you are entitled to join the class. Ironically I actually contacted a legal firm that specializes in class actions back in 2005, but they never bothered to follow through. I bet they are wishing they had now!