Cricket Wireless Lawsuit

On November 29th this year a proposed class-action lawsuit has been filed against on t subsidy cricket wireless, Inc, claiming the business website violates the Americans with Disabilities Act (ADA). This suit comes after a customer’s disability claim was denied by a Tampa Bay, Florida-based carrier. The customer was referred to an attorney who pursued litigation on his behalf. He won the case and is now suing the carrier for refusing to re-plan the prepaid debit card usage, which is used by millions of customers to pay for their cell phone usage. In turn, the carrier seeks to have the legal case thrown out.

The crux of the case rests on whether or not a service that provides cell phone use to everyone over the age of eighteen can be considered a ‘service’ or a ‘product’ within the meaning of the law.

If a carrier can be found to be marketing a product or service that provides cell phone access to everyone, then they cannot be held accountable for refusing to allow people with disabilities to use the services. This is where Cricket wireless comes into play. The prepaid debit card is just one method used to pay for wireless internet.

Cricket wireless has challenged the legality of the site in an attempt to avoid a class-action lawsuit. In a filing to the US district court, Cricket contends that the Florida regulatory act protects against class-action lawsuits. The Florida regulatory act allows providers of ‘franchises’ or ‘partnerships’ of sellers from being held responsible for the actions of their franchisees. Cricket’s argument is that because it does not hold itself responsible for the actions of its subscribers, it is not a franchise or a partnership. Therefore, it is not subject to the same laws governing franchises and partnerships.

Cricket wireless has also filed a complaint against T-Mobile, calling their practices in violation of the Americans with Disabilities Act (ADA).

Cricket contends that they have provided a disabled person with the same access to Internet service as any other subscriber. Further, the carrier has provided notification that persons using Cricket’s services will be subject to a surcharge on monthly use. Cricket has filed this lawsuit against T-Mobile because the carrier continues to charge the subscriber for pre-existing conditions.

Cricket wireless has provided details on their website. A class-action lawsuit is an action brought by individuals who were either victim of discrimination or did not benefit from the benefits of the ADA. Class-action lawsuits are not proof of wrongdoing on the part of the carrier. However, Cricket’s potential class-action lawsuit against T-Mobile could provide the fuel it needs to force the company to change its practices. Cricket’s lawsuit against T-Mobile was expected, given the relationship between Cricket and T-Mobile.

Cricket wireless currently offers wireless service in over twenty-four states.

Cricket uses the GSM cell phone technology, which allows users to make calls and send text messages at the same wireless rates that apply to their counterparts using cell phones using CDMA and GSM technologies. Cricket prepaid debit card can be used anywhere a cell phone is issued, even outside of Cricket’s coverage area. Cricket prepaid debit cards can be purchased online at Cricket Wireless’s official website or through third-party payment gateways. By making purchases online, one can avoid many of the fees normally associated with cell phone usage, including charges made by retailers.

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