The FTC is currently investigating whether or not T Mobile is guilty of any wrongdoing in its marketing of its “Unlimited Cash” plan. The company has come under fire recently because it was found that there were several thousand dollars worth of free gifts that had been offered to customers who opted in for this plan. Well, according to legal experts involved, the customers in question are entitled to a free lawsuit settlement. T Mobile has indicated that they would be fighting the lawsuit aggressively and going to court.
This could be quite a lengthy and expensive process for the business. Right now, it appears that the judge in the case may allow the settlement to go forward as long as there is evidence that the plaintiff has suffered some type of financial loss as a result of the defendants conduct. However, this is still being debated and there is no definite timeline set in place. The customer may have enough evidence on which to base their case to enable them to win the lawsuit, but until that point, it appears as if the case will likely be delayed again. If you are unsure whether or not you should proceed with a lawsuit, you should probably seek legal advice first.
According to Richard W. Pound, an attorney based in San Francisco, California, many of the companies that offer cash-back or settlement programs actually violate federal laws. For example, if a customer purchases merchandise and then contacts the company about issues regarding the product, this can be considered a deceptive advertising claim. Federal law states that a consumer who is deceived by advertising cannot sue for damages. Furthermore, if a company encourages or assists in misleading a customer, then it can be held responsible for civil fraud.
There is another issue that is related to this lawsuit. Many companies simply do not want to be saddled with a case like this. In fact, T Mobile’s legal team has sent letters to the attorneys of both plaintiffs stating that they have engaged in a “pattern of abusive litigation.” Essentially, the company feels that both plaintiffs are asking for too much money and are acting in bad faith. It is not uncommon for a company of this size to have 20 attorneys working on a single case; one of whom is handling the lawsuit.
This is often when attorneys of large companies get involved. They don’t care if they lose or win the case, they just want to ensure that their client’s rights are protected. As previously mentioned, there is nothing wrong with this; however, large companies have a legal team that knows how to fight these cases in court. Smaller companies may be trying to cut corners in any way possible, but if they stand up to legal scrutiny and handle their business accordingly, they should be able to stay afloat. This is why it is so important to ensure that you do your homework before signing anything or entering into any financial agreements with a company that you never personally met.
The best way to avoid being taken advantage of by a mobile lawsuit is to ask lots of questions of any company that you are thinking of hiring to represent you. If they are unwilling to answer your questions, walk away and look for someone else. It may take a little bit of time to find the right attorney for your case, but it will be worth it in the end. By protecting your rights, you can ensure that your lawsuit is handled professionally and that you receive a fair settlement. When a lawsuit like this occurs, it is the lawyer that is going to benefit, not you.
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