This page was created as a source of information to consumers who are inquiring about a class action lawsuit recently filed against T-Mobile with regard international roaming charges.
This class action lawsuit, entitled Behar v. T-Mobile, was filed on October 24, 2003 in San Diego Superior Court. It seeks to proceed as a class action on behalf California residents arising out of T-Mobile's allegedly unfair, deceptive and misleading business practices of billing their cellular telephone customers for calls dialed to their cellular telephones while their customers (and their cellular telephones) were outside the United States, even though their customers never received or made the calls for which they were billed. A scanned copy (in PDF format) of the class action complaint can be viewed by clicking on the link on the side menu entitled "View the Complaint".
The facts underlying this class action are as follows: In or around March 2003, the plaintiff noticed that its T-Mobile telephone bill contained several extremely high and duplicate roaming charges for calls allegedly placed to plaintiff's cellular phone while plaintiff was out of the country. For these alleged one minute telephone calls, two charges of $4.99 each appear on plaintiff's bill. Plaintiff was out of the country when these calls were placed to its cellular telephone. Plaintiff never made or received the calls that appear on its T-Mobile bill.
Then, in May of 2003, T-Mobile sent Plaintiff a letter threatening to suspend its cellular telephone service for non-payment of these overcharges. When asked by plaintiff, T-Mobile provided no explanation for the $4.99 charges which had been placed on plaintiff's cellular telephone bill. The overcharges that appeared on plaintiff's T-Mobile bill totaled in excess of $140.00.
The class action lawsuit seeks to obtain recovery for each effected resident of the State of California of all monies wrongfully obtained and retained by T-Mobile. The named plaintiff in the class action lawsuit is Behar International Counsel, PLC.