T-Mobile is facing a class action lawsuit for allegedly attempting to prevent customers from expressing negative opinions about the company through its website user agreement, allegedly in violation of California law.
The lawsuit was initially filed on Dec. 20 in Los Angeles County Superior Court and later moved to federal court on Jan. 25.
The plaintiffs include Raymond Juarez, Anthony Foster, Roxy Lopez, Sherri Sherwood, and Rachel Galarsa who are representing themselves and other similarly situated consumers.
According to the lawsuit, anyone who visits or uses the T-Mobile website to make payments or purchases is required to agree to terms and conditions, allegedly including one allegedly requiring customers to "agree they 'must not post, upload, submit or request . . . any material that could harm T-Mobile’s business, reputation, employees . . .'"
The lawsuit claims this provision is intended to give the company recourse against negative reviews and negative statements about the company and its products online, particularly those that "go viral." But the lawsuit asserts the alleged provisions actually stifle customer speech in violation of California state laws.
The lawsuit seeks to expand the action to include two groups, including all California residents who visited T-Mobile's website, and all California residents who purchased items or services through T-Mobile's site. The lawsuit estimates this could include hundreds of thousands of people.
The lawsuit asks the court to order T-Mobile to pay unspecified statutory damages and restitution, plus attorney fees.
Plaintiffs are represented by attorneys Christopher R. Rodriguez, of Singleton Schreiber LLP, of Sacramento, and Thomas A. Leary, of San Diego.