T Mobile Promotion Miscommunication Resolution

Summary

The user, a long-time T-Mobile customer, was misled about a promotional deal involving a phone upgrade. The user was told that their bill would increase by $45 and they would receive a new iPhone in exchange for their old one, with the only additional charge being the tax on the new phone. However, the users bill increased by more than $45 and they were charged monthly for the new iPhone. The user has been in contact with T-Mobiles customer service and complaint line, but the issue remains unresolved. The user was advised to file a complaint with the California Public Utilities Commission or the Federal Communications Commission, and to record future calls with T-Mobile for evidence, after obtaining consent.

Full Conversation

I have been with t mobile over 20 years and recently they had a promotion and I called to get more information. I wrote everything down and told them I would consider it and needed more time. About * weeks went by and I called in and explained that I was ready to take the deal and verified everything I was told before was correct before proceeding. My bill would go up $* and I would trade in my iPhone * for a iPhone * and the only charge besides the $* monthly increase would be to pay $*.* for the taxes on the free phone. Before giving my credit card I again confirmed I would not be charged monthly for the phone and was told I was correct. So I paid the taxes and waited for m nee phone to arrive. Once I received it I sent my trade in and thought everything was okay . When receiving my bill nextonth realized my bill went up more than $* and I was being charged monthly for new iPhone. I called t mobile to get a explanation and they said they were sorry I was told he wrong information. I told them I could return the iPhone but hey said sorry it's past the return window. They said my trade in only covered $* of the $* phone the next day I called back because I wasnt happy and then they told me something totally different I explained the calls are recorded and they said sorry we can't retrieve them. Every week I've called to resolve this issue and they told me they could accept the return but I wouldn't get back the money I paid for the taxes and I wouldn't get my trade in back either or I go to original plan keep iPhone but I would pay full price and I wasn't happy with that either. Finally I called the corporate complaint on office and they helped me they said they would put me back on my original phone plan and I would pay additional $* for iPhone for 20 months . I said okay I could do that because we meet in the middle even though it's not my fault but today I get my bill and it's completely different again. The calls are recorded and I can't be blamed for the wrong information I'm being told or promised by their employees what can I do
Did you sign any contract or agreement with T-Mobile regarding this promotion?
No I only used the automated recording line when they said fo I authorize to pay the phone taxes of $* but the whole call In center states the calls are recorded.
What evidence do you have of the original agreement? In California, verbal contracts can be legally binding, but having proof is crucial.
The information that I was given I wrote down in my notes as well as the recorded calls that I thought they kept
What date did you make the initial call to T-Mobile about the promotion? In California, the statute of limitations for breach of oral contract is 2 years.
May * * to get information and july 1et * I purchased new plan
What actions have you taken so far to resolve this issue with T-Mobile?
Spoke to call center at least once a week and asked for supervisors. I finally called complaint line and they helped me
Have you considered filing a complaint with the California Public Utilities Commission or the Federal Communications Commission? They regulate telecommunications companies and may be able to assist.
No I wrote a complaint on BBB but how do I get help
Have you considered filing a complaint with the California Public Utilities Commission (CPUC) or the Federal Communications Commission (FCC)? They regulate telecommunications companies and may be able to assist.
No how do I do that
You can file a complaint online with the California Public Utilities Commission (CPUC) at www.cpuc.ca.gov/complaints/ and with the Federal Communications Commission (FCC) at www.fcc.gov/complaints.
Yes how do I file complaint and will it help me resolve my issue
What is the nature of your complaint? This will help me guide you on the appropriate steps to take.
They told me the wrong information which led me to agree with the new cell phone deal /plan I got and now I'm paying for the free phone they said I didn't have to . I offered to return but they told me I wouldn't receive my money back or my Phone I traded. Can they chargee for something that they told me was free and then later say sorry it was a mistake but you still got to pay
Did you sign any contract or agreement when you accepted the new cell phone deal?

In California, misleading advertising can be considered a violation of the California False Advertising Law.
I did not sign anything because I call in to the call center
What evidence do you have of the misleading information provided by T-Mobile?

In California, verbal contracts can be legally binding but are harder to prove.
The notes I wrote down and name of individuals I spoke to. All call center calls says they are recording the call
What date and time did these conversations take place? It's important to have this information for potential evidence.
Every week hours of being on the phone . I do haveu phone records of the call In to the call center
What specific dates and times did these misleading conversations occur? This information could be crucial for your case.
Starting may * * - Oct * *
What steps have you taken so far to resolve this issue with T-Mobile?
Spoke to customer service and supervisor and t mobile complaint line
What was the response from the T-Mobile complaint line?

In California, you can file a complaint with the California Public Utilities Commission or the Better Business Bureau.
They told me they would fix it . They said I'd go back to original plan and I could keep the iPhone but I would need to pay $* for 20 months that my trade in was $* off the price of phone
What was the original agreement about the iPhone and the trade-in?
They said my bill would only go up $* and I would receive a iPhone for free with my trade in and i only needed to pay the taxes on the phone at time of upgrade
What was the value of the phone you traded in?
They originally said even trade ... The iPhone * value is $*.* and it would be free just mail trade in the iPhone * trade In and pay one time charge for taxes but now they said they are sorry I was given wrong information by * employees and that my trade in was value at $* which means I pay the other half. And that I can't pay it all at once if i do I will need to pay the whole amount of the iPhone * $*.*
Did you receive any written confirmation or email about the original deal that was offered to you?
No I called into the call center to get information
Did you record the conversations or do you have any other form of evidence to support your claim?
I didnt record because their calls are recorded. Can I record the calls ?
In California, it's legal to record a phone call if all parties involved are aware and consent to it. This is known as a "two-party consent" law.
So when I call into a call center and it says the calls are being recorded and I also am recording the calls do I still need to let them know
Yes, under California law, you must inform the other party if you are recording the call, even if they are also recording.
Do I need to get permission to r can I just state the call is recorded on my end as well
In California, you must inform the other party that you are recording the call. It's not enough to just state that the call is being recorded on your end.
So how do I say it when they get on the phone
You can simply state, "For my records, I will be recording this call. Do you consent to this?"
Do I have to ask if they consent
Yes, under California's two-party consent law, you must obtain the other party's consent before recording the conversation.