Major wireless carriers all slapped with text-messaging class-action lawsuit

Text messaging rates have always been a little ridiculous, but a new class-action suit filed in Mississippi alleges that virtually every wireless carrier you can think of is basically cheating you by charging you for received texts and not allowing you to turn the service off. The suit names AT&T, Sprint, Verizon, Alltel, US Cellular, Cellular South, and Virgin Mobile (surprisingly, T-Mobile didn't make the cut), and says that members of the class are entitled to relief for the unauthorized charges, wrongful collection, and unjust enrichment. Of course, this will all likely end in a useless settlement that nets subscribers like three extra text messages and a 20 percent discount on an "approved accessory," while the plaintiff's law firm banks millions, but we'll see how things go.

[Tyson @ May 20th 2008 8:08AM]

Or it can end with the practice of charging to receive texts which is dumb and not done in most other countries. You can stop your drunk friends or random guy from texting you and then you get charged. You don't have to pick up calls but you always pick up texts. Its like charging someone charging every time someone calls you. This is the best this Mississippi has done ever. i hope they don't mess it up.

[Tyson @ May 20th 2008 8:08AM]

also first

[Flashpoint @ May 20th 2008 8:19AM]

Fortunately, the state taxpayers swallow the entire cost of my cellular services and my text Messages.

I will continue to call and text with impunity !!!!!

[vdogg89 @ May 20th 2008 8:54AM]

last time I checked I could turn off receiving unwanted texts. Im on At&t. I never receive dumb texts anymore

[Anthony @ May 20th 2008 9:55AM]

Flashpoint: "Fortunately?" How are you possibly proud of yourself? Assbags like you are exactly what is wrong with our government.

[Cornelius @ May 20th 2008 9:57AM]

@vdogg

I'm on AT&T too. Unfortunately, if you have a data plan (as I do), you cannot shut off sms/mms and still be able to use data. It shuts off both. So unfortunately, I'm stuck with receiving the random/drunk late-night texts from friends and ex-girlfriends.

[Matt @ May 20th 2008 10:29AM]

This lawsuit is a good idea.

Too bad it will fail miserably.

Any wireless carrier, ANY of them, allows the option to disable text messaging.

Also, why is US Cellular named in this suit? They've offered free incoming texts for as long as I can possibly remember.

Retard lawyers.

[npeer @ May 21st 2008 11:07PM]

Charging for incoming call is also absurd and not done in most countries. Whomever initiates the call should pay for it. Right now cell carriers just double their profit by charging both ends.

[Kate @ May 22nd 2008 12:56AM]

@ Matt

Completely false. T-Mobile (which sadly isn't being sued) will NOT let you turn off SMS has they "may need to contact you via SMS". I've tried to get it turned off so many times, and they refuse.

From their FAQ:

How can I block text messages?

At this time, there is not a way to block incoming or outgoing text messages due to system restrictions.

[Glenn @ May 20th 2008 8:09AM]

Yeah I think I'll go through all that trouble to get credit for those 3 spam messages in 2 years I got.

[Shinigami @ May 20th 2008 8:10AM]

Someone's working hard to get those millions! Can't blame them!
And you might end up getting extra 3 messages per month!

But... you're charged for *received* messages? Weird, they never charged us for it here in Ukraine... They tried to charge us for incoming calls but a law closed that possibility years ago (you only pay for outgoing calls, you don't pay when you're called any more).

[Shadowise @ May 20th 2008 8:12AM]

I'm pretty sure the States is one of the few countries that charges to RECIEVE messages, which is a ridiculous practice.

[Chuck @ May 20th 2008 8:23AM]

same deal in Poland, incoming calls and texts are free, even on prepay.

[superpotential @ May 20th 2008 9:24AM]

sure, it's the same deal everywhere in europe, incoming text messages are free.

but when i lived in europe i had to pay 1 euro per outgoing message. and 1-2 euros/minute for calls (including voicemail), so i hardly used any of this. instead i used data to access gmail, which was running at about 0.015/KB, and used email for communication almost exclusively.

sad, but true state of the aggressive and horrendous costs of european cell phones. (sure, domestic everything is cheap in europe but i'm talking about international within europe; when you live in countries so small you're bound to have friends in all kinds of countries like i did)

[Oinquer @ May 21st 2008 5:16AM]

i pay about 9 cents per sms...which still is a robbery...

[Jeff Snugglebutton @ May 20th 2008 8:13AM]

Mr. capitalist pig lawyers...just call up any of those providers and they will be more then glad to disable text messaging. At the same time why don't you tell the post office to stop sending me junk mailing killing millions of acres of trees a day. Better yet stop allowing lawyers like yourself to suck in the oxygen that I'm using every day and raising the prices of everything you greedy capitalist pigs go neuter yourself with a spade!!!

[Stiv @ May 20th 2008 8:36AM]

@Jeff

Um... you are allowed to stop junk mail from coming to your house. You can stop at the post office and fill out a form that prevents local circulars and anything addressed to "resident" from being delivered.

[Poke4Christ @ May 20th 2008 8:54AM]

Hmm....

You used the phrase Capitalist pigs twice. Is my spider sense tingling or are you just being that blatent? God forbid someone get to keep the money that they work for. I'm sorry, but though socialism sounds nice, it doesn't work in practice. That's why most of the countries using it colapsed or are not on the fiscial world map.

Now, if you are mad at capitalism because you care for those who are in need, then I sympathize. However, if you are mad at capitalists because you think you are entitled to free health care and other government services, then I have no sympathy.

Very few places in the world have less oportunity for self betterment and advancement than the US. However, the major problem is that is coming hand in with laziness and a sense of entitlement that is causing many people to refuse to work for it.

Thing is, even though it sucks, the US is half way to socialism now and doesn't seem to be slowing down. We'll probably get a Democrat in office and we'll have socialized health care before they are out of there. So, you win.

Final note, though I'm staunchly against socialism and favor small government. I also think that those who have money should feel obligated to help those who don't. Though I include the needy in the US in that, I'm mainly thinking of the Millions throughout the world who live in poverty and might not even have clean water to drink.

[Dave @ May 20th 2008 9:11AM]

Poke4Christ

"socialism sounds nice, it doesn't work in practice. That's why most of the countries using it colapsed (sic) or are not on the fiscial (sic) world map."

WHAT?????
I suggest you look at the world:
America which is the most capitalist country around has a collapsing economy.
Europe where almost all the countries have socialist governments (even the "right wing" ones are far more socialist than your Democrats) has a far healthier economy than the US
China, the next largest economy is seriously left wing and they will very soon economically overtake America.
I really suggest you actually have a look around instead of swallowing what your politicians tell you, it is possible for them to be less than 100% honest.

[Publius @ May 20th 2008 10:39AM]

Dave, I suggest you not act like you have multiple degrees in economics or are an economic historian, lest you look like a fool.

First off China is not "left-wing." You could call China Marxist; however, economically, they are moving toward capitalism The places in China that are experiencing a booming economy are the newly minted free trade zones. These are booming from the capital influx and technological investment.

Now lets look at Europe. Europe, which certainly is more socialist than the US, but not that much thanks to Democrats and *gasp* George Bush, has an awful, stagnating economy. There is very little economic progress occuring in Europe outside of the strength of its currency. This is because of the poor GDP growth and oppressive unemployment, which is caused by extreme social engineering. In France, few young people get hired anymore because it is impossible to fire employees, even the bad ones.

The US's current slump is due to a market correction caused by a housing bubble and credit problems. In order to solve these credit problems, the Fed, very shortsightedly in my opinion, has precipitously dropped interest rates which has caused the devaluation of the dollar. The fed is trying to ease the pain, but right now, I think pain is exactly what this county needs. Middle Americans need to stop relying on the government to bail them out.

As for socialism/communism throughout history.
USSR - failed
The eastern block countries who came out of the shadow of Russia and developed completely open markets - flourishing
China under central planning - failed
China in the 15 new free trade zones - flourishing
Cuba - failed
North Korea - failed
East Germany - failed
Venezuela under Chavez - about to fail because he has blown all of his countries wealth on buying votes from the poor and has reinvested absolutely nothing into their oil industry and has run-off all outside investors.

Capitalism has brought more freedom to this world than any other economic system. For a starter, try reading Milton Friedman, Frederick Hayek, or maybe even Ayn Rand sometime. You could learn a lot.

[Wimp @ May 20th 2008 12:46PM]

"Dave, I suggest you not act like you have multiple degrees in economics or are an economic historian, lest you look like a fool."

Funny I'm standing here suggesting the same thing to you.

"Now lets look at Europe. Europe, which certainly is more socialist than the US"
Correct (for once)

"There is very little economic progress occuring in Europe"
More so than there is in the US, and by MILES AND MILES, and the lack thereof is due the the strength of the Euro moreso than its socialist leanings - in fact I can't believe I called Europe socialists in any way shape or form, only when compared to the US, a country run and wholly owned by corporations does Europe look socialist. Its like comparing a typical cloudy evening to the black hole and saying its actually pretty light

"This is because of the poor GDP growth and oppressive unemployment"
No we just established its because of the strength of the currency.


"The US's current slump is due to a market correction caused by a housing bubble and credit problems."

Partly yes, but not entirely. The US economy was heading for a collapse regardless and the credit crunch only acted as a catalyst. The truth is that there are economic cycles, and every country or region experiences them.

Except in some fucked up country, people like you are brainwashed to believe that everytime another country is in recession (however slight) its caused by socialist values and everytime your country collapses its someone else's fault (yea lets blame china or the market, or banks or the credit crunch)

"In order to solve these credit problems, the Fed, very shortsightedly in my opinion, has precipitously dropped interest rates"
The fed is run by some incredibly talented people who have proved their talen in their past work leading upto their current jobs. So forgive me if I take their predictions over some bum on the internet - after all its easy to criticize.

As for socialism/communism throughout history.
USSR - failed nothing to do with socialist, they simply were poorer than the US at the time, and would have

The eastern block countries who came out of the shadow of Russia and developed completely open markets - flourishing

[Homan @ May 20th 2008 12:51PM]

Sorry guys Engadget ruined the end of my comment:
-----------------------------------------------

As for socialism/communism throughout history.
USSR - failed nothing to do with socialist, they simply were poorer than the US at the time, and would have

The eastern block countries who came out of the shadow of Russia and developed completely open markets - flourishing

[lance @ May 20th 2008 8:13AM]

Now if we can just get those losers for giving us cut bandwidth.
they are charging for 12 mb download but giving like 6 (if your lucky)

[rock99rock @ May 20th 2008 10:47AM]

"Bursts of up to 12mbit, 6mbit steady" is how i understand it. Im fine with that. I get my 200gb a month, no complaints about the speed.

[spellprince @ May 20th 2008 8:13AM]

Texting should be free. I can't believe these asshats still charge for texting. I've gotten porked so many times for different text packages, plans, etc. Not only that I pay 34$ a month for my data plan alone that I hardly use and that slow as hell. That's as much as my home connection. I originally had 500 txt/month went over that, it was an additional 60$ for friggin text messages. Went to the "unlimited" package. Little did they tell me it was only unlimited out not in. Tried charging me another 50 something dollars. I told them I thought it was supposed to be "unlimited" so they cut it in half. so now I have real "unlimited; it cost like an extra 15 buck a month or some. SO before I even get to my f*ucking phone plan I'm alreay paying 50 bucks hahaha f*cking Verizon. I love those assh0les.

[aard @ May 20th 2008 8:13AM]

Wait, what? They charge you for receiving messages? And people use the carriers? My god, what a glorious land of stupidity...

[Joe T. @ May 20th 2008 9:06AM]

Every carrier does this in the US, so it's not like we have a choice.

There was recently a bill in Congress that would outlaw text message spam, but lobbyists for the cellphone industry made sure the bill was killed.

[Mike @ May 20th 2008 9:26AM]

Some carriers (US Cellular, for example) do not charge for incoming text messages (USCC even has a spot on their web page that allows you to send texts without charge). Sprint, on the other hand, charges me 20 cents for each incoming message, which pisses me off, and the CSR told me there was no way they can disable incoming texts because Sprint will occasionally send you texts (it's also how they send your password(s) to you if you use the "forgot password" link on their web page). At least they don't charge for texts sent FROM Sprint.

This is one of the reasons I'm looking at switching my current plan from the unlimited incoming 500 anytime minute plan to the 500 minute SERO plan...

[Jon Shannon @ May 20th 2008 8:15AM]

You can turn off Text Messaging with AT&T. Just call in and ask them to remove the pay per use txt feature.

[CubeGuy @ May 20th 2008 9:50AM]

That's what I did. It's fun to see people's reaction when you say "I don't accept texts". They look at you like you're about to kill them.

Actually, I was just at the bank, and the banker was messing with his computer for like 10 minutes. He finally said that he couldn't get the computer to text me my new password, and I spent like five minutes trying to explain to him that I don't accept them.

He kept like, talking about his phone and other phones that do receive texts.

[Cornelius @ May 20th 2008 10:00AM]

I tried to do this with AT&T, but if you disable texting, it shuts off data access as well.

[kal326 @ May 20th 2008 10:07AM]

@Jon Shannon

But why should I have to turn off a feature which I may use because of spam? What they should do is have a feature that lets you see who sent you a message, like the phone number displayed when you get a call. You don't know the number or don't want to speak to them you don't get charged for taking the call. You do want to read what the person sent you, you delete it and don't get charged.

Then again I'm with the people that say it should be free anyway, voice mail is free granted they expect you to burn your minutes on your cell phone to access it so I guess they win either way.

[Jimmy @ May 20th 2008 10:25AM]

you can have text restrict, and data would be fine through att. i work in tech support an do it all the time. as long you have some messaging soc, data will work. now you remove text ppu completely and have nothing else, that would be a problem. i also have a sprint phone. they can also block messaging as well.

[shanoboy @ May 20th 2008 8:15AM]

Its about damn time! I'm sick of getting charged for EVEN RECEIVING messages I didn't ask for.

[HydePark @ May 20th 2008 8:18AM]

This is absolutely outrage to charge people for receiving messages.

[The Apple @ May 20th 2008 8:20AM]

Yay, i can use those three free text messages to participate in my BOOMING social life, lol

[CELLGUY030 @ May 20th 2008 8:24AM]

thats funny, USCellular is on there and they dont charge for incomiing texts...oh and they dont offer service is that state either... hmmm...

[aZepolyn @ May 20th 2008 9:24AM]

Odd yea, USCC hasn't charged for inbound SMS in a long time,and you can call and have inbound and outbound blocked too. Adding to that, MMS incoming is free, and incoming calls are free.

[Choppy @ May 20th 2008 8:25AM]

Do you know that the current version of Sim card from (at least ) AT&T and T-Mobile can not send or receive unicode SMS? Basically, we can not send/receive for example Chinese or Thai SMS.

I used to be able to do that two years ago, but with the current Sim card not anymore.

T-Mobile customer service people listened to the issue that I addressed nicely and tried to get at least five tech-support guys to help me out.

AT&T really pisses me off. They never admit that it is their problem. I wanna sue them, anyone in?

[maff @ May 20th 2008 8:27AM]

omg, that's one hot phone, when's it out???111

[spellprince @ May 20th 2008 8:33AM]

hahaha

[Raheem @ May 20th 2008 8:30AM]

Wow that's painful. You pay for the phone, the monthly line rental, and then receiving messages? Almost unbelievable. Also strange that someone like Virgin Mobile haven't taken the European Model over there, in order to blow the others out of the water. Free phone, 12/18th month contract, free mins and texts and nothing to receive.

On the other hand, you signed the contract allowing them to charge you for it?

[NONE @ May 20th 2008 8:37AM]

I turned off that "feature" with Verizon with one phone call.

Those Telco's are money-grubbing pigopolist. They do this because there are currently few alternatives. They will get what they deserve as technology improves... just like the local carriers who were beat down by VoIP and Cell Phones.

Remember when AOL charged by the hour?

[Kurian @ May 20th 2008 8:40AM]

In India, messages are free. Calls are expensive.

[GreatSunJester @ May 20th 2008 8:41AM]

I gave up and just put a data block on my phone. I would like to have the option of texting or other services if I ever wanted them, but twice now Verizon has included a few text messages on my bills. They were unable to tell me if the texts were incoming or outgoing and could not tell me who the other party was. I had to pay the bills.
Verizon seems to be padding bills that do not have text plans with extra profit makers --- only a few. But since I do not text at all and don't receive them either, the padding texts are VERY obvious.

[james @ May 20th 2008 8:45AM]

The second they stop charging for incoming txts and phone calls, is the same second you'll start receiving telemarketing calls and non-stop txts from them.

that's the only thing that keeps us safe - same as unsolicited faxes. if it costs you, then they can't do it.

[Ryan @ May 20th 2008 9:07AM]

What keeps us safe from telemarketers calling us in the USA is the fact that it's illegal and a $15,000 fine whenever a company calls your cellphone to solicit you.

I would assume that text messaging would fall under the same contexts.

As far as faxes go, the company I work for receives a bunch every morning... I don't think it's illegal as you're not paying per fax to receive or send.

[IrishGandalf @ May 20th 2008 8:50AM]

lol, this is ridiculous! in ireland this is how the networks break down for txting.
Meteor (who i'm currently with) top up by 20 euro (or more) a month and get free txts to same network for 30 days, 9c a txt to other networks and same network when ur 30 days is up (25c a min calls). O2, 20 a month, free txts to any network for 1 month and 11c outside this deal (19c/min to O2 49c/min to other networks), vodafone, 20 a month free same network texts for 30 days, 11c outside this and (19c/min to vodafine 49c/min to other networks). 3, 5c a txt (picture and video messages same price), (18c/min to 3, 35c/min to other networks) and none charge for receiving txts or calls! (unless ur in another country)

[pradera @ May 20th 2008 8:52AM]

In Soviet Russia, received sms costs you!

..o wait.

[Andrew @ May 20th 2008 8:56AM]

With most, if not all carriers, if you don't read the message, you won't get charged for it. At least that's what I was told by the people at, I believe it was, AT&T. I guess their system can tell if a message is read or not. If that's the case, then this lawsuit won't go anywhere.