Subscribers of T-Mobile USA can proceed with their lawsuit against the Tier 1 operator. That is the ruling of a U.S. District Court judge who denied T-Mobile’s motion to dismiss the lawsuit filed by a group of disgruntled T-Mobile subscribers, claiming the operator charges them for unsolicited text messages.

According to the complaint, customers have no way to disable their phones from receiving text messages, often in the form of spam, and are forced to pay between 10 and 15 cents for every message.

According to Hagens Berman, the firm representing the plaintiffs, T-Mobile subscribers have few options for avoiding the charges for unwanted text messages. Customers can either continue receiving charges or terminate their wireless phone service contract before completion, which can result in early termination fees.

T-Mobile officials could not immediately be reached for comment.