T-Mobile Problème signalé à GetHuman par GetHuman-grateful

novembre 15, 2017

Report Details

Summary of the problem
opt out clause in contract
Company and department tried
T-Mobile - Service client
Reported by
GetHuman-grateful - GetHuman user since octobre 22, 2017
Problem classification
T-Mobile: Erreur générale du client
Date of incident
novembre 6, 2017
Reported by GetHuman-grateful
Reported on novembre 15, 2017 from Nebraska
Problem report / further detail
Hello,**PLEASE KNOW THIS IS TIME SENSITIVE - I HAVE UNTIL ********** TO OPT OUT OF MY CONTRACT!!*A FAST RESPONSE IS DEEPLY APPRECIATED! THANK YOU BEAUTIFUL HUMANS!!!**I have been a customer of T-mobile for about * years now. I just bought a brand new phone from their online store and was looking over my contract.**Essentially, if you just sign the contract and immediately start downloading your favorite apps, you are agreeing to never go to court with your wireless carrier, you can only go through their arbitration process. But you can Opt-Out of Arbitration and you have a **-day window.**I have a question about * of the * dates used to determine the start of your **-day opt-out window.**Below is the "Dispute Resolution and Arbitration" section from the new contract I signed with my new phone. See the second paragraph*******------------------------------------------------------------------------------------------------------------------------------------------** Dispute Resolution and Arbitration. **This section describes how any disputes between you and T-Mobile will be resolved. WE AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, OUR PRIVACY POLICY, OUR SERVICES, EQUIPMENT, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against others relating to services or equipment provided or billed to you (such as our suppliers, dealers or vendors) when you also assert claims against us in the same proceeding. This agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision below). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MAY AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). **Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT INSTEAD OF ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES. To opt out, call *-***-***-**** or complete the opt-out form located at www.T-Mobiledisputeresolution.com. TO BE EFFECTIVE, YOU MUST OPT OUT BY THE OPT OUT DEADLINE FOR EACH LINE OF SERVICE. ****THE OPT OUT DEADLINE IS ** DAYS FROM THE EARLIER OF THE DATE OF YOUR SIGNATURE TO THIS AGREEMENT, THE DATE YOU PURCHASED EQUIPMENT FROM US OR THE DATE YOU ACTIVATED A NEW LINE **** EXCEPT THAT FOR A LINE OF SERVICE ACTIVATED PRIOR TO JUNE **, ****, THE OPT OUT DEADLINE IS ** DAYS FROM THE FIRST TIME AFTER DECEMBER **, **** WHEN YOU AGREED TO EXTEND OR RENEW YOUR TERM OF SERVICE FOR THAT LINE.**-break - extra info in contract, but ran out of room in this text box!-*** CLASS ACTION WAIVER. WE AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.*** JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, unless otherwise prohibited by law WE AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.*------------------------------------------------------------------------------------------------------------------------------------------***Inside the **** are the * event dates they consider the start of the **-day window to opt-out.**-Date of Signature on this agreement*-Date you purchased equipment from us*-Date you activated a new line**The first * are easy - and clearly printed on the receipt. But I am not sure what is considered a new line. Does a new phone on the same number count? I suspended my service while I was waiting for the phone in the mail. I then re-activated my account - does that count?**If it only means the day you activate a new phone number, another line on your account - then that day would have been when I signed up * years ago. BUT, and it's a bit BUT, there is NO SPECIFIC LANGUAGE saying I can't sign up for a new line of service and transfer my new phone to that line. If so, that would make the date I added the line the newest of all, and the purchase*signature date starts my **-day window.**What do you think?**THANK YOU AGAIN FOR ANY AND ALL HELP!!!!! HUMANS ROCK!!!!
How GetHuman-grateful attempted to contact T-Mobile
J'ai essayé la messagerie T-Mobile via leur page Facebook pour voir si le service client répondrait
Was equipped with the following information
Prénom, nom, adresse personnelle, adresse e-mail, numéro de téléphone, code PIN / mot de passe sur le compte, nom du titulaire du compte
Reported back to GetHuman as fixed
Fixed, on novembre 21, 2017

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