- T-Mobile defends its “Easy Switch” tool as pro-consumer, arguing AT&T’s lawsuit misrepresents the feature and aims to keep customers from comparing plans
- AT&T maintains T-Mobile unlawfully scraped its systems, even after T-Mobile disabled the original version and limited functions for AT&T users
- The fight raises all kinds of questions about data access, customer consent and how far carriers will go to protect churn
In its lawsuit complaining about T-Mobile’s “Easy Switch” tool, AT&T said “this case is not about competition for customers.”
T-Mobile’s response? Oh, it’s all about the customer.
TL;DR version: T-Mobile unveiled its “Easy Switch” AI tool during a splashy media event at the Formula 1 Heineken Las Vegas Grand Prix on November 20. The tool, which is part of the T-Life app, allows AT&T and Verizon customers to compare their wireless plans against competing T-Mobile plans via their mobile phones. The promise is that a customer can switch an account over to T-Mobile within 15 minutes.
AT&T called the whole thing a “deceitful intrusion” on its computer systems and filed suit, seeking a temporary restraining order. AT&T said it took steps to detect and block T-Mobile’s scraping tools from accessing its systems but that T-Mobile repeatedly hacked around those technical road blocks.
T-Mobile says Easy Switch is pro-consumer
In court documents filed this week with the U.S. District Court for the Northern District of Texas, T-Mobile argued that the Easy Switch feature is “inherently pro-competitive and pro-consumer, providing customers with the information they need to select a wireless plan that best suits their needs.”
It said AT&T’s request for a restraining order is moot because T-Mobile disabled the original version of Easy Switch that AT&T claims is unlawful – and T-Mobile “does not intend to reenable it.”
According to the document, T-Mobile removed certain functions for AT&T customers on November 26, four days before AT&T filed for a temporary restraining order. But AT&T had repeatedly blocked the original Easy Switch, such that it was used by consumers only 342 times in the six days it was available.
Since T-Mobile made changes, Easy Switch has only allowed AT&T customers to upload a copy of their wireless bill or manually enter their wireless plan information.
T-Mobile: We didn’t access AT&T’s servers
It’s quite common for a consumer to bring their wireless bill to a competing carrier to comparison shop, so what’s the big deal? That appears to be T-Mobile’s argument, telling the court it should deny AT&T’s motion – stat.
“AT&T’s motion grossly mischaracterizes the functionality of that feature in an effort to mask its true motivation – to make it more difficult for AT&T customers to see that T-Mobile may offer better service terms,” T-Mobile lawyers argued. “T-Mobile did not ‘access’ AT&T’s computer servers at all. Only the AT&T customer ever accessed AT&T’s servers.”
Fierce asked AT&T if they’re going to drop their suit and this is what they said: “We appreciate T-Mobile says they will stop recklessly scraping customer data for now. We ask that they commit – on the record – to never employing these unlawful tactics that put customers and intellectual property rights at risk again.”
T-Mobile stressed that it’s AT&T customers who are seeking information about their own accounts to comparison shop.
So far, Verizon doesn’t appear to be taking legal action. A spokesperson said Verizon takes steps “every day to protect our customers' personal information. T-Mobile's recent 'switch in 15 minutes' AI tool poses significant customer privacy concerns that we - and others in the industry - take seriously.”
“Verizon has always and will continue to give people a safe, fast and easy option to switch carriers using the MyVerizon app or by accessing their accounts online. And with eSIM, Verizon’s activation is virtually instant and done in a privacy-safe manner,” the carrier said.
Winners and losers
Where this all ends up is anyone’s guess.
AT&T may prevail in opposing Easy Switch, “but the optics of opposing a customer trying to use all his/her/their resources to get the best deal will appear anti-customer at best,” said IDC analyst Jason Leigh. “T-Mobile may win, but that could incite a petty race to the bottom of looking for loopholes and legal nuances among carriers for a competitive advantage rather than competing on the merits of network quality, performance, price/value or customer service.”
So much ink has been spilt about the “magic” of deploying AI for business efficiency and customer personalization – including in telecom – “but now we have a customer who might be utilizing an AI tool to more efficiently find themselves the best personalized deal? Opposing that feels hypocritical and isn’t a good look for telecom, or AI for that matter,” he told Fierce.
“At its simplest, it is not as if T-Mobile is hacking into AT&T’s systems,” he said. “The AT&T customer is willingly opening the door to their own account and letting T-Mobile electronically peek over their shoulder to provide an opinion on the best possible deal.”
What about that EULA?
If the terms and conditions of the end-user licensing agreement (EULA) specifically prohibits an AT&T customer from allowing a third-party to access their account, then AT&T could prevail.
However, since T-Mobile isn’t a signee to the EULA, isn’t the AT&T customer the one who’s “breaking the rules," so to speak? And if that’s the case, is AT&T then going to go after its own customer for violating the EULA?
Leigh stressed he’s no legal expert, but it appears the net result is the same. “If a customer was kicking the tires on changing carriers anyway, AT&T accusing them of violating the EULA pretty much guarantees a lost customer,” he said.