Corey Gouker's Machine Inside the Mind

I was just reading about the Vista upgrade matrix on Ars. You know, it actually makes sense. There's really no point in offering upgrade pricing to pre-Windows 2000 users since well, there's no point in them upgrading.

1. They'll have to clean install anyway.
2. Their machine will perform so poorly with Vista that the upgrade costs alone will equal that of a new PC.
3. It's probably about time they get a new PC preloaded with Vista anyway.

Really it's a big deal for all those OEM's that will now be getting loads of new PC purchases. Would imagine they'll even be getting some from XP users that bought those ~$500 PC's two or three years ago that figure it'll be another $500 to upgrade to a good Vista experience. So they might as well buy another ~$500 Vista machine.

Now just to convince both my parents to just sit and wait so that they don't waste more money replacing their dying PC's.

Was just getting up to date on all my feeds. Noticed this morning that Cingular now has a new class action lawsuit against them during my read of Ars.

I'm all for this one. I mean I used to be a AT&T customer. I was still with them during the big transition period with Cingular. In the end I went through this long drawn out ordeal with them to finally cancel what was meant to be a month to month service. Turns out that I was wrongly put on a year long contract even though I only purchased just a SIM card and was told that I wouldn't be on a contract. Making things worse is that they wanted written proof from the store manager that it was their mistake. The final nail in the coffin was when I was told by one of the employees that the manger wasn't going to be in for 4 hours and that I should just go home, go to their website make my own letter head and sign with all the managers information forging his signature. I ended up contacting the BBB and the FCC. Cingular ended up sending a collection agency after me despite having the entire thing contested for over 6 months. In the end I still ended up paying the early termination fee just to have the entire thing ended. So yeah, there's a short history with me and Cingular and T-Mobile with the T-Mobile to Go prepaid service:

The end of all decent mobile providers in the US is here. T-Mobile begin charging to receive SMS.
T-Mobile to Go, definitely my cheapest option for mobile phone service.
Cingular is trying to screw me once again.
Step 1, buy T-Mobile PAYG SIM
Switching from Cingular to T-Mobile's Pay As You Go
Switching from one evil to another...
Finally freed, Audiovox SMT5600 unlocked from the devil, AT&T/Cingular

So in the end... so much for all mobile providers in the US. They're all useless.

I just received this text message during lunch:

"Free Msg: As of 8/15/06 incoming US txt/IM will be $.05 each, US pic/video msgs will be $.25. Sent US msgs still are $.10 for txt/IM and $.25 for pic/video."

T-Mobile's website of course doesn't reflect this change at all. Their T-Mobile to Go Prepaid pages still show the following:

• Text messaging ($0.10 to send, FREE to receive)
• Picture messaging ($0.25 to send, FREE to receive)

Now I've been a happy T-Mobile to Go customer since January. It's only cost me like $16.67 a month for what I need which is by far the cheapest thing out there for my needs. I don't actually have a written contract with them and have never signed a thing other than the receipt for the SIM card and the initial minutes and such.

One of the big reasons I went with this plan was because of the free incoming text messages. It's also the reason why I didn't go on a contract with T-Mobile since their normal accounts have charged to receive text messages for some time now (in line with other US carriers). It's unfair to charge for something that you can't decide not to receive. It's not like you can just not read the message and not get charged. Text messaging is totally different than typical phone calls, you can't block text messages from coming in. I can use my PC and send you 10,000 free messages from Messenger right now and you'd get charged $500. It was bad enough that in the US we pay to receive phone calls because it's "air time" but I didn't really mind that too much since I could just not pick up.

Because I'm on a prepaid service as well I see the charges immediately. There's no special deal that gives me 1000 text messages or free incoming text messages or one low rate. It's an all out scam designed to make more money on something that's been free since their service started.

Unless something changes on 8/14/05 I plan on calling T-Mobile and requesting that they disable receiving text messages so I won't get charged to receive messages I don't want to receive. Or if that is not possible that they refund the remaining balance on my prepaid account and cancel my service completely.

As an additional note here's a little bit of fine print from Cingular's terms of service:

"Text, Instant, and Multimedia messages are charged when sent or received, whether read or unread, solicited or unsolicited. Cingular does not guarantee delivery of messages."

The only real fine print I can see with T-Mobile's To Go services would be in the form of a FAQ found here.

I think there are grounds for a class action lawsuit. If you agree, feel free to comment and join in.

UPDATE: I just called T-Mobile. I verified that the text message received is valid and that they will begin charging $.05 per message received on 8/15/06 and continue to charge $.10 to send each SMS. The conversation pretty much went down as follows:

• Me: Hi, I'm calling to verify the text message I received about the SMS charges being changed on August 15th is valid.
• TM: Yes that is correct sir.
• Me: So is there any way you can remove ALL text messaging capabilities from my service including sending and receiving.
• TM: Let me have your number and I'll check.
• Me: <provides number>
• TM: Okay it looks like I can remove the ability to send text messages from your account.
• Me: Okay that's fine but not needed. I'm capable of controlling whether or not I send text messages. I want to know if I can control whether or not I receive them.
• TM: Let me double check. Okay sir, it looks like you're correct I can disable sending but not receiving.
• Me: Okay so just one last time to double check we're on the same page here. You're telling me that I have no way to control whether or not I receive 10,000 unsolicited text messages and thus being charged $500 for something that I don't want.
• TM: That is correct sir.
• Me: Thanks, that's all I needed to know.

INSANE!

UPDATE: I've got 10 people to respond privately so far as being interested in joining a potential class action suit against T-Mobile and the T-Mobile To Go Service specifically. If you're a class action lawyer and just happen to be reading this or you're just wanting to comment please feel free to do so or email me. I'm currently investigating options on how to proceed to file the suit against T-Mobile, updates to follow soon...

UPDATE: Unfortunately despite not having been given any T&C when I bought the SIM card (probably just a mistake on the part of the T-Mobile rep), I've apparently agreed to be bound by some unread T&C's just by activating the SIM and using the service. The full set of T-Mobile terms and conditions can be found here.

One important thing to note is the following portion:

CLASS ACTION WAIVER. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. NOTWITHSTANDING SEC. 22, IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.

Obviously this complicates things greatly. Reading through the T&C's further also reveals that as a Prepaid customer I'm screwed if I want to get my remaining balance refunded to me and not be charged to receive text messages.

One amusing thing and a glorious bit of false advertising is how T-Mobile love flashing: No Contract, No Credit Check, No Monthly Bill.

Yes fine, sure, but isn't this entire thing of terms and conditions in fact a contract?