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US contract law generally doesn't support "fines" under private contracts. You might justify it as liquidated damages, but here T-Mobile expressly used improper
by unyttigfjelltol 3y ago
US contract law generally doesn't support "fines" under private contracts. You might justify it as liquidated damages, but here T-Mobile expressly used improper punitive terminology, and didn't require customers to expressly accept these particular provisions either.
The revision looks like a mistake by T-Mobile, or else a calculated risk that a class actions somewhow are unavailable and anyone they "fine" will accept it to avoid drawing law enforcement attention.
- otterley 3y agoThe actual verbiage provided by T-Mobile isn’t provided here, so we don’t know what the language is. The word “fine” might merely be a characterization made by bandwidth.com.