Stop Practicing Law On USENTE!

The real answer to the OP is that he consult an ATTORNEY who is qualified to
answer his legal question, not post an inquiry on USENET, and then receive
conflicting responses, most or all of which came from unqualified
individuals.

The OP is raising a matter of contract law, not a technical question about
phone service.

If he is unable to resolve the issue informally, through the Customer
Service Department, or senior management, then he ought to pay a few bucks
and get the straight scoop from an attorney.

All this legal speculation may make for interesting reading, but none of it
can be considered sound advice, as it represents only unqualified OPINIONS
of well-meaning people that do not have law degrees.

I would be interested in hearing what his attorney advised him, based upon
his state's laws, regarding his ability to break the contract.

---

› See More: Stop Practicing Law On USENTE!

[POSTED TO alt.cellular.cingular - REPLY ON USENET PLEASE]

In <[email protected]> on Tue, 03 Aug 2004
14:20:48 GMT, "Jeremy" <[email protected]> wrote:

>The real answer to the OP is that he consult an ATTORNEY who is qualified to
>answer his legal question, not post an inquiry on USENET, and then receive
>conflicting responses, most or all of which came from unqualified
>individuals.
>
>The OP is raising a matter of contract law, not a technical question about
>phone service.
>
>If he is unable to resolve the issue informally, through the Customer
>Service Department, or senior management, then he ought to pay a few bucks
>and get the straight scoop from an attorney.

The problem is that the amount at stake ($70) is too small to make that
worthwhile -- the "few bucks" (ha!) to an attorney would probably be far more
than the recovery. The more practical recourse is to the BBB. Even Small
Claims probably isn't worth it.

>All this legal speculation may make for interesting reading, but none of it
>can be considered sound advice, as it represents only unqualified OPINIONS
>of well-meaning people that do not have law degrees.

I think not spending more than the amount at issue is sound advice. ;-)

>I would be interested in hearing what his attorney advised him, based upon
>his state's laws, regarding his ability to break the contract.

I wouldn't hold my breath if I were you. :-)

To be clear, I am not a lawyer, and I don't presume to give legal advice. I'm
simply expressing my personal opinion about the most prudent course of action,
just as you are.

USENTE?

--
Best regards, HELP FOR CINGULAR GSM & SONY ERICSSON PHONES:
John Navas <http://navasgrp.home.att.net/#Cingular>

In article <[email protected]>,
"Jeremy" <[email protected]> wrote:

> The real answer to the OP is that he consult an ATTORNEY who is qualified to
> answer his legal question, not post an inquiry on USENET, and then receive
> conflicting responses, most or all of which came from unqualified
> individuals.
>
> The OP is raising a matter of contract law, not a technical question about
> phone service.
>
> If he is unable to resolve the issue informally, through the Customer
> Service Department, or senior management, then he ought to pay a few bucks
> and get the straight scoop from an attorney.

Nope a non judgemental letter to one's State's Attorney General, with a
certfied copy to of the HQ of the Carrier in question will get good
results if the carrier is at fault.


Typically Customer Service departments don't have the authority to waive
ETF except in a precious few cases.

"Robert" <[email protected]> wrote in message
news:[email protected]...
> In article <[email protected]>,
> "Jeremy" <[email protected]> wrote:
>
> > The real answer to the OP is that he consult an ATTORNEY who is
qualified to
> > answer his legal question, not post an inquiry on USENET, and then
receive
> > conflicting responses, most or all of which came from unqualified
> > individuals.
> >
> > The OP is raising a matter of contract law, not a technical question
about
> > phone service.
> >
> > If he is unable to resolve the issue informally, through the Customer
> > Service Department, or senior management, then he ought to pay a few
bucks
> > and get the straight scoop from an attorney.
>
> Nope a non judgemental letter to one's State's Attorney General, with a
> certfied copy to of the HQ of the Carrier in question will get good
> results if the carrier is at fault.
>
>
> Typically Customer Service departments don't have the authority to waive
> ETF except in a precious few cases.

Are you suggesting that the OP become, essentially, a "Do-It-Yourselfer?"
The Attorney General will not give him legal advice. It is doubtful that a
dispute over whether or not this issue falls under the Consumer Protection
laws. It sounds more like a disagreement over the provisions of the
contract.

He needs an attorney. You can bet that ATTWS is being guided by their own
attorneys' advice, not the advice of non-attorneys on USENET.

[POSTED TO alt.cellular.cingular - REPLY ON USENET PLEASE]

In <[email protected]> on Tue, 03 Aug 2004
16:33:09 GMT, Robert <[email protected]> wrote:

>In article <[email protected]>,
> "Jeremy" <[email protected]> wrote:
>
>> The real answer to the OP is that he consult an ATTORNEY who is qualified to
>> answer his legal question, not post an inquiry on USENET, and then receive
>> conflicting responses, most or all of which came from unqualified
>> individuals.
>>
>> The OP is raising a matter of contract law, not a technical question about
>> phone service.
>>
>> If he is unable to resolve the issue informally, through the Customer
>> Service Department, or senior management, then he ought to pay a few bucks
>> and get the straight scoop from an attorney.
>
>Nope a non judgemental letter to one's State's Attorney General, with a
>certfied copy to of the HQ of the Carrier in question will get good
>results if the carrier is at fault.

The carrier wasn't at fault.

--
Best regards, HELP FOR CINGULAR GSM & SONY ERICSSON PHONES:
John Navas <http://navasgrp.home.att.net/#Cingular>