T-Mobile says it can’t be sued by users because of forced-arbitration clause

T-Mobile says it can’t be sued by users because of forced-arbitration clause

Enlarge / A T-Mobile store in New York City. (credit: Getty Images | helen89)

T-Mobile US is trying to force customers into arbitration in order to avoid a class-action lawsuit that accuses the phone carrier of violating federal law by selling its customers’ real-time location data to third parties.

T-Mobile yesterday filed a motion to compel arbitration in US District Court in Maryland, saying that customers agreed to terms and conditions that require disputes to be handled in arbitration instead of courts. The two plaintiffs named in the lawsuit did not opt out of the arbitration agreement, T-Mobile wrote.

“As T-Mobile customers, each Plaintiff accepted T-Mobile’s Terms and Conditions (‘T&Cs’),” T-Mobile wrote in a memorandum of law. “In so doing, they agreed to arbitrate on an individual basis any dispute related to T-Mobile’s services and to waive their right to participate in a class action unless they timely opted

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AT&T denies that selling phone location data was illegal as FCC investigates

AT&T denies that selling phone location data was illegal as FCC investigates

Enlarge (credit: Getty Images | Witthaya Prasongsin)

AT&T, T-Mobile, and Verizon have all told the Federal Communications Commission that they recently stopped selling their customers’ phone location information to other companies. Sprint said it is phasing out the sales and will shut them down by the end of this month.

The details came in letters to FCC Commissioner Jessica Rosenworcel, who had demanded an update on the carriers’ sale of customers’ real-time geolocation data. Rosenworcel released the carriers’ responses yesterday.

Rosenworcel, a Democrat, criticized the Republican-controlled FCC for not taking action against the carriers over the privacy invasions.

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