Expert: Barnette Law Offices, LLC - 10/5/2008

Question
I was a Suncom customer who was transferred to T-Mobile when the buy out occurred.  My first bill from T-Mobile was $378, not my usual $60 with Suncom.  T-Mobile states I sent nearly 2000 text messages when I knew I had not.  About 700 where to a routing number they say that I sent texts but the routing number couldn't identify the number.  After endless conversations with customer reps, no one will listen.  I researched and found other customers are having the same issue and it appears they are charging us twice for one text.  Once for the actual text and then again through the routing number an hour or two later.  I asked if I could pay what I agree I owe and leave out of the payment what I am disputing without it affecting my credit but I could not get that assurance.  I don't feel I should pay the entire bill since that could be considered me accepting the bill.  I have perfect credit and have never had a late payment.  What rights do I have as a consumer for something that is obviously a glitch in their system.  I can understand them not wanting to admit fault since they would have to check every bill for the error but I do not feel I should have to pay for texts that I did not make.  I can even prove the glitch since I have been saving all my outgoing texts since getting my bill.  Matching the texts to my current bill shows what the other customer mentioned.  What are my rights?  Can they find me delinquent if I don't pay the questioned charges?

Answer
Rachel:

  You need to locate their department for Fair Credit Billing Act disputes and send them a written letter disputing the charges.  You have a 60 day window.

           Jason Wade Barnette, Esq.
           Barnette Law Offices, LLC
           1-615-585-3885