My problem with T-Mobile

I started T-mobile service with a new phone (Motorola xxx) purchased from an authorized T-mobile store. At the time, we were told the phones carry a one-year warranty.

About 3 weeks before the warranty expires on April 30, 2006, one of the phone has a problem with its audio. Unless using the speaker phone or a hands free handset, one can not hear from the phone.

So, we called T-mobile. After gone through all the testing, they admitted the phone is broken and still under warranty until April 30. Initially, they said they will exchange this phone for a working unit. However, they later found out T-mobile does not have these phone any more. So, they told me to contact the Manufacture, Motorola.

When I called Motorola, they told me the warranty expired 5 months ago, i.e. the phone T-mobile sold me only have 7 months of warranty left instead of 12 months I was charged.

So, I called back T-Mobile, they called Motorola while I was on the line and Motorola agreed to fix this phone, and it needed to be dropped off at a local RadioShack, which is Motorola’s server outlet. When I went to RadioShack, I was told that it is out of warranty and they refused to take it. Then I called back T-Mobile, and they eventually called Motorola and again, Motorola agreed to fix the phone.

This went back and forth three times, while the last time is May 7. I was worrying about the warranty expires on April 30, and was assured by T-Mobile representative that since we contact them before the expiration date, it should be okay. They promise to call Motorola again and call me back with a solution.

They never called back.

On May 15, I called T-Mobile again. This time, I was told that due to fact that the warranty expired on April 30, they will not be able to replace the phone. If I want to use the service, they can sell me another phone. They may offer me a discount if I agree to sign another one or two year warranty. I refused.

I believe T-Mobile had sold me a product (the phone) with a warranty actually shorter than what they claimed. This is not only misrepresentation but indeed fraud.

I don't think I had time to go through the small claim court but did file a complaint throught BBB.

Now I'm cell shopping again.