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Class Action Complaint Against M-Qube and Mobile Messenger Alleges Text Message Companies Are Unfairly and Deceptively Placing Charges on the Telephone Bills of Washington Consumers

February 26, 2013

The Seattle firm of Terrell Marshall Law Group PLLC, along with The Scott Law Group PS in Spokane, has filed a class action lawsuit against M-Qube, Inc. and Mobile Messenger, Inc. for unfairly and deceptively charging Washington consumers for premium text messaging services.

The complaint alleges that M-Qube and Mobile Messenger have designed and implemented an unfair and deceptive scheme that causes Washington consumers to become unknowingly and unwittingly enrolled in and then charged for text message subscription services.

This practice is commonly known as “cramming.” The Federal Trade Commission explains that cramming “happens when a company adds a charge to your phone bill for a service you didn’t order, agree to, or use. Cramming charges can be small, say $2 or $3, and easy to overlook. But even when the phony charges aren’t small, they may sound like fees you do owe. That makes them tough to pick out, especially if your phone bill varies month to month.”

Many consumers may have unknowingly signed up for text message subscriptions by entering a phone number into deceptive websites purportedly offering such services as trivia games, auctions, horoscope readings or IQ tests. Other consumers may have never entered a phone number into a website but have nevertheless been charged. Associated services or companies that may appear along with the fraudulent charges on consumers’ phone bills include Ringtone/Auction, MQube, ClickGen, CommuniKate, POW Mobile and WebDirect.

According to the allegations in the complaint, M-Qube and Mobile Messenger have charged hundreds of thousands of dollars in unauthorized fees to Washington consumers who have accounts with wireless providers such as AT&T, Verizon, Sprint, and T-Mobile.

The complaint, which was filed in King County Superior Court on October 17, 2012, seeks an injunction that will prevent M-Qube and Mobile Messenger from continuing to bill Washington residents for unauthorized charges. The complaint also seeks monetary damages.

If you have received a charge on your cell phone bill identifying any of the services or companies listed above and would like to speak with an attorney about this litigation, please contact one of the lead attorneys on the case:

  • Toby Marshall of Terrell Marshall Law Group PLLC — 206.816.6603 or email us
  • Matt Zuchetto of The Scott Law Group PS — 888.955.3966

For additional information on the widespread practice of cramming, please see:,0,3525990.story