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Walmart and Straight Talk Face Data Access Consumer Fraud Class Action Lawsuit

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San Francisco, CA: A consumer fraud class action lawsuit alleging false and deceptive advertising has been filed against StraightTalk and Walmart. The lawsuit, filed in California, alleges the companies intentionally falsely advertise unlimited data access, with plaintiffs detailing the companies reducing the speed of service or terminating it altogether and then blaming the subscribers for misuse of the service.

The lawsuit alleges breach of contract, breach of covenant of good faith and fair dealing, unjust enrichment, and violations of Florida' Deceptive and Unfair Trade Practices Act, California' Unfair Competition Law and California' Consumer Legal Remedies Act.

The class-action seeks to finally determine a set of clear limitations on data service. Further, Straight Talk representatives have allegedly refused to explicitly define throttling points for data access, and many customers have complained about receiving inconsistent data service without using much data at all, while others are able to use gigabytes of data without much issue.

The plaintiffs are seeking certification of the proposed class, an order permanently enjoining defendants from their improper conduct, and a judgment awarding restitution, actual damages, exemplary damages, prejudgment and post-judgment interest, attorneys' fees and costs.

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Last updated August 8 2013

Reader Comments

Posted by

on
They kept my phone for over a month now and have no idea when it will be returned no tracking number and no other information about it. So after another two weeks of waiting I call and ask for a refund and they reply nope cant have one since I purchased the phone at Walmart I'd have to return it there for a refund when at the beginning I had asked that very question. They said return it to us so Walmart and straight talk are liars and thieves and they also got paid for a month of service I didnt have the phone for also plus the stupid warranty that doesn't disclose that your phone will be held till we feel like giving it back for 55 extra dollars. I hate straight talk wireless and Walmart for allowing them to cheat their customers of their money while endorsing them at every outlet they have. I want my money back I'm not even interested in this company's service or phones I just want my 500 bucks back for the phone service the phone and the ripoff warranty that still has my phone. Plus the first month of service the data was cut off a week short when I was nowhere close to the throttle limit and didnt use as hotspot even tho I paid to.

Posted by

on
I have been getting ripped off for years but can't afford other service... just this month..I got the unlimited plan with hotspot on the 1st..by the 6th it was shut off..I had to wait 16 days to acquire funds to get another plan...I got it back on by 3am this morning...by 10 am they shut it off again... I didn't even use my phone for 4 of those hours cuz I was busy...they said I used it all...I said how much... well they don't know,they just know I used all of it...in hours... seriously?! So now they r trying to charge me 63$ every few hours if I want my service...these guys are the worst of crooks...they steal from ppl who can't afford to make the switch...so they shut it off whenever they want, demand more money for something u already paid for,and sit back and laugh at all the stupid Americans they scam knowing they are getting away with it... I hope and pray I get in on this lawsuit...I've cried enough tears and been physically ill over this stress of Trying to make it thru the month with service..and now it's daily

Posted by

on
I am on my 3rd time with straight talk,and again WOW,,must be dumb they either take auto pay to early or late,,,I am on SSI and without a phone,,, because of the time they took the PMT out

Posted by

on
I have been with straight talk for at least 6 years. Over tge passed few maybe 5-6 months ive noticed my service getting slower and slower. I have been on the Ultimate Unlimited plan since I started with straight talk. Please helo

Posted by

on
straight talk and their leasing company has repeatedly cute my service off early , their leasing company does not charge every 30 days like they state when you sign up , I started my service with Smart Pay ( this is who straight talk goes through) on the 8th and they repeatedly try to charge me on the 27th of each month and they will have your service cut off with straight talk even tho your service is still good until the 30th or the 31st.

Posted by

on
I have had straight talk for 8 yrs and the other day my 4G was off I called them and they told me after being on hold for a hour that I used all my data but I just paid my bill on the 13th less than 2 weeks ago and I paid 60$ which is unlimited so I asked her was that a lie and they ripped me off was that what she was telling me and she said yes I said wow so I asked for her supervisor and I am still right this sec.on hold for them and have been for a hour now they are pressing buttons in my ear they are really playing with people's time and money and something needs to be done about them

Posted by

on
We've been straight talk customers for over 3 years. Unlimited dat plans. We use our phones as wifi hotspots while travelling. We never go over our 20gb limits. Straight cut off my use of WiFi hotspot aonth ago. Did same to my wife yesterday. Contacted their online rep and asked what had changed. His reply over a long text conversation was that nothing had changed. I told him repeatedly that was a false statement. Phones worked as hotspot for years and now they don't. Obviously something changed. He referred me to terms and conditions. Could not find Amy restriction excepting commercial use or more than 60gb overuse. This is wrong. Their WiFi hotspot plan for 20hb data is over $100 a month. Classic bait and switch. Offer affordable service the abruptly change the rules

Posted by

on
I was on the phone with a supervisor last night and she told me my data was cut off because I used my hotspot on my phone and I'm not allowed to do so I can only use my phone for the service I pay for which is totally beyond me if I am paying for the internet and want to use my service to use my computer why cant I use my service i pay for on what ever I want plus they are still unlawfully using unlimited in the wrong way I have the ultimate unlimited plan which in my opinion should be unlimited but they put a number on it which should not be allowed 60 GB is not unlimited this company is so ridiculously wrong and they dont get it plus before talking to this supervisor the worker after i mentioned the law suit to him said he would reinstate my data then came back and said he wasn't allowed to do so this company isn't anything but a bunch of thief's taking our money for sucky service

Posted by

on
I have been with. Straight Talk for 5 years . In December of 2018 after I had just paid for my phone service Straight Talk deactivated my phone for no reason what so ever . I contacted their customer service and was told that it was my problem and they would not do anything to correct . I then informed them that since I could no longer use my service that I wanted a refund for the payment that I had just made . They told me that they would not issue a refund . I contact both the BBB and The Attorney General with a complaint against this fraudulent company and literally nothing was done . Straight Talk basically kept my money and shut my phone off . This has got to be the most fradulent. disgusting company I have ever dealt with .

Posted by

on
I frequently purchase the $55 ultimate unlimited plan and I often experience slow speeds, service cut offs, and/or service failures, and cannot seem to find legitimate support from the company itself.

Posted by

on
I've been purchasing the $55 card since it came out and after the 3rd month of it my phones data all of a sudden slowed way down. So slow it's to the point that watching videos or playing games and almost surfing the web are impossible. I've contacted straight talk about this problem numerous times all to which have been in vain. They instantly tell me there's nothing wrong with my phone. Well there is and it's straight talk that's the culprit. So I pay for the ultimate unlimited and don't receive the services i pay for. When I asked straight talk what they would do to compensate for the problem they basically laughed in my face. This is absolutely ridiculous

Posted by

on
I’ve been a Straighttalk customer since January 2010 my data runs out on me a week to two weeks after adding my 45.00 card when I call them they say it’s my fault I hardly use data and when I’m not using my data I turn my data off I also signed up for there rewards programs two years ago but they have been basically stealing my rewards points out of two years it says I only have 200 points and that’s not right at all I’m a single mom on a tight budget my money is extremely valuable to me but I’ve been dealing with them on my data running out in two weeks since January 2010 and for eight years had to deal with them saying its my fault but I’m not a idiot if I count my data off when not in use it should last til I refill my service plan

Posted by

on
We had 2 phones and a Wi-Fi unit 3 (lines) our phones claimed 5GB of data and speeds throttled down to 3G. Both our phones would run out of data in under 2 weeks then the internet would flat quit. We rarely used the data. Our Wi-Fi unit would stop working after 20 minutes of paying bills online. My computer keeps track of data used with each connection. I would use aprox 700KB when straitalk claims I used 5GB. Straight talk is padding the amount of data used. I would like to be elegance for this class action lawsuit against those crooks.

Posted by

on
I am another customer of Straight Talk wireless and I believe they're cheating me out of my data. I am rarely on my phone, and each month I receive notifications stating that i have used most of my data.

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