The Commercial Appeal

T-Mobile to pay $48M over plan details

Customers weren’t told about slowdowns for heavy data use

- MIKE SNIDER

T-Mobile will pay $48 million as part of a settlement over inadequate disclosure of restrictio­ns on the unlimited-data plans it offered consumers, the Federal Communicat­ions Commission announced Wednesday.

The cellular provider will pay a $7.5 million fine and $35.5 million to TMobile and MetroPCS customers with unlimited plans as part of a settlement of an investigat­ion into whether the company adequately informed unlimited data subscriber­s about speed and data restrictio­ns, the FCC said.

T-Mobile could slow down customers’ data speeds when they exceeded a monthly data threshold, the agency’s investigat­ion found.

“Consumers should not have to guess whether so-called ‘unlimited’ data plans contain key restrictio­ns, like speed constraint­s, data caps, and other material limitation­s,” said FCC Enforcemen­t Bureau Chief Travis LeBlanc in a statement. “With today’s settlement, T-Mobile has stepped up to the plate to ensure that its customers have the full informatio­n they need to decide whether ‘unlimited’ data plans are right for them.”

The FCC said that the company’s advertisem­ents and other disclosure­s may have misled customers by failing to let them know that unlimited-data customers would have their data speeds slowed if they used more than 17 gigabytes in a month. Consumers told the agency that this practice made the network unusable for them at times.

Unlimited plans and streamline­d consumer offerings for data, calls and texting without overage fees have helped T-Mobile grow its customer base to become the No. 3 wireless provider with 52.5 million customers. Competitor­s including AT&T and Sprint have countered with their own programs.

Last year, the FCC proposed a similar action against AT&T with a potential $100 million fine for misleading unlimited-data customers. AT&T has filed a response, which is still under review by the FCC.

Customers eligible for benefits — including 20 percent discounts on accessorie­s and an additional 4GB of data for their plan — will be notified by Dec. 15. For more informatio­n, consumers can visit the T-Mobile and MetroPCS websites.

Under the settlement, T-Mobile will also update its customer education materials to explain this “Top 3 Percent Policy,” in which heavy data users have their speeds slowed, and will notify customers via the network when their usage nears that level, the FCC said.

T-Mobile will also donate at least $5 million for tablets and other devices to low-income school districts to combat the homework gap.

 ?? RICHARD DREW/AP ?? T-Mobile has been fined $48 million by the Federal Communicat­ions Commission for not clearly telling customers about limitation­s in so-called “unlimited” data plans.
RICHARD DREW/AP T-Mobile has been fined $48 million by the Federal Communicat­ions Commission for not clearly telling customers about limitation­s in so-called “unlimited” data plans.

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