Legal Question in Consumer Law in California
T-mobile, for the last 4 months, has been charging me $8 a month for a protection bundle. This bundle includes 3 things. Insurance on my phone, a warranty in case of damage and a security package that will lock my phone if it's stolen and attempt to lacate it through gps. Now, my phone was stolen 3 days ago so i called them to try and locate it before i place a claim on this $600 phone. The deductible alone is $150. They said the security bundle was never activated by me therefore they cant locate it or lock it. Why wouldnt they set it up if i paid them for it? Why did'nt they contact me to say the process was not completed? So they collect money for a service that they never actually set up, they never start and never complete? So i've been paying for a protection that "technically" isn't active. When i called them about it, they dismissed it as if it were nothing. They credited my acct $40 for the 4 months i paid it. Thats it! Thats like buying a car insurance policy and then totalling your car 4 months later and the insurance company denying your claim because your agent never started the policy.Thats a E&O claim on the agent right? Btw, the csr who i talked to said that they dont service the locator coverage anymore. They discontinued it a month ago. If thats the case, why are they still charging me for it? Maybe thats why they cant locate my phone, because they no longr do business with the vendor. So in a nutshell, im being charged for a coverage that they no longer offer, they dont service and isn't even in force! But they continue to collect premium. Then, come claim time, they deny you because the procedure wasn't completed properly by them to begin with! In the end, if you're lucky, you may get $40. Im sure theres many others like me or waiting to turn into one like me. Is this class action material?
1 Answer from Attorneys
Is it a class action, don't know... You need to look at the contracts created at the time. You signed up for the security. The company gas responsibilities but I wonder what your were in this contract...
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