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  1. #1
    james g. keegan jr.
    Guest
    in june 2011, i contacted at&t and advised them that I would allow them
    to terminate my contract without paying me a termination fee.

    as you might guess, this was not received well and throughout june i had
    a few email exchanges with them.

    basically, i told them i was being nice to them because, despite their
    promises, they were enable to provide me the services they had
    contracted with me to provide.

    eventually, i move up the ranks of customer service quality and finally
    discovered a guy who got it. wow, i thought. it's finally over.

    about six weeks ago, i began receiving daily phone calls in the middle
    of the night, 2 to 3am, from severe sounding males demanding i call them
    about my account. naturally, i didn't. about a month ago, i was up quite
    late working on a project and received such a call. i missed answering
    but called back in a matter of seconds and explained to someone who
    sounded like a frightened boy that he was calling me daily in the middle
    of the night. he denied it and said he was not. i confronted him and
    made him look up my account records and finally he discovered it!! I
    made him read my reason for terminating. I had relocated to Yangmei City
    Taiwan and, my Iphone4, with the at&t sim had never picked up a signal
    here. thus, at&t had defaulted on the contract.

    he politely apologized and said i'd not receive any more calls.

    since then i have received 21 such calls.

    today my attorney submitted a letter to at&t billing them $275 for early
    termination and suggesting they could be sued for illegal harassment.

    i'll post results when there are any.

    the odd thing is that while i was in the usa, and despite their horrid
    reputation, they were great to deal with.



    See More: Interesting Evolution re AT&T Termination Fee(s)




  2. #2
    DevilsPGD
    Guest

    Re: Interesting Evolution re AT&T Termination Fee(s)

    In the last episode of <[email protected]>,
    "Anthony R. Gold" <[email protected]> said:

    >On Wed, 01 Feb 2012 22:53:52 +0800, "james g. keegan jr."
    ><[email protected]> wrote:
    >
    >> i confronted him and
    >> made him look up my account records and finally he discovered it!! I
    >> made him read my reason for terminating. I had relocated to Yangmei City
    >> Taiwan and, my Iphone4, with the at&t sim had never picked up a signal
    >> here. thus, at&t had defaulted on the contract.

    >
    >Your ATT contract promised cell phone service in Yangmei City? Maybe you
    >will quote the particular promise in your contract that ATT broke and so
    >defaulted.


    AT&T advertises roaming services. I haven't looked, but if they
    indicated roaming services in a particular location and failed to
    provide, the service would be unfit for use under consumer law and you
    could likely get out of any contract without too much pain.

    --
    It's always darkest before dawn. So if you're going to
    steal your neighbor's newspaper, that's the time to do it.



  3. #3
    DevilsPGD
    Guest

    Re: Interesting Evolution re AT&T Termination Fee(s)

    In the last episode of <[email protected]>,
    "Anthony R. Gold" <[email protected]> said:

    >On Wed, 01 Feb 2012 20:15:26 -0800, DevilsPGD <[email protected]>
    >wrote:
    >
    >> In the last episode of <[email protected]>,
    >> "Anthony R. Gold" <[email protected]> said:
    >>
    >>> On Wed, 01 Feb 2012 22:53:52 +0800, "james g. keegan jr."
    >>> <[email protected]> wrote:
    >>>
    >>>> i confronted him and
    >>>> made him look up my account records and finally he discovered it!! I
    >>>> made him read my reason for terminating. I had relocated to Yangmei City
    >>>> Taiwan and, my Iphone4, with the at&t sim had never picked up a signal
    >>>> here. thus, at&t had defaulted on the contract.
    >>>
    >>> Your ATT contract promised cell phone service in Yangmei City? Maybe you
    >>> will quote the particular promise in your contract that ATT broke and so
    >>> defaulted.

    >>
    >> AT&T advertises roaming services. I haven't looked, but if they
    >> indicated roaming services in a particular location and failed to
    >> provide, the service would be unfit for use under consumer law and you
    >> could likely get out of any contract without too much pain.

    >
    >I doubt his contract promised a useful signal in particular places in
    >Yangmei City. But if he quotes the part breached we will all be the wiser.


    I got four ETFs waived after we relocated to an area that showed full
    coverage, only to discover that we had no coverage at all. While they do
    have a tower only a couple KM away, it turns out that it's on the
    opposite side of a small mountain and so instead of a speedy 3G signal,
    we have 0-1 bars of EDGE.

    They weren't happy about it, but I didn't pay a penny to terminate those
    agreements. Even without any specific language in the contract that
    covers such situations, most locales have some sort of requirement that
    products and services be "fit for purpose" or include a "warranty of
    fitness", where the purpose can be implied by the way a reasonable
    person would expect the product to function based on the advertising.

    Companies love to tack on a "as-is" clause to their agreements to avoid
    such clauses, but in practice, they don't survive a judgment.

    In the US, article 2 of the UCC deals with this, specifically, "They
    must meet the specifications... even if not so specified by the contract
    for sale" -- So by showing coverage on a map and then not providing
    coverage in that location, a consumer can reasonably claim that the
    product was not merchantable.

    At the end of the day, none of this really matters since it will just
    land in small claims court or binding arbitration, such arguments
    generally require a real lawyer in a real court. In small claims court,
    you usually just need to demonstrate reasonableness of an argument to
    prevail.

    --
    It's always darkest before dawn. So if you're going to
    steal your neighbor's newspaper, that's the time to do it.



  4. #4
    james g. keegan jr.
    Guest

    Re: Interesting Evolution re AT&T Termination Fee(s)

    In article <[email protected]>,
    "Anthony R. Gold" <[email protected]> wrote:

    > On Wed, 01 Feb 2012 22:53:52 +0800, "james g. keegan jr."
    > <[email protected]> wrote:
    >
    > > basically, i told them i was being nice to them because, despite their
    > > promises, they were enable to provide me the services they had
    > > contracted with me to provide.

    >
    > enable unable
    >
    > > i confronted him and
    > > made him look up my account records and finally he discovered it!! I
    > > made him read my reason for terminating. I had relocated to Yangmei City
    > > Taiwan and, my Iphone4, with the at&t sim had never picked up a signal
    > > here. thus, at&t had defaulted on the contract.

    >
    > Your ATT contract promised cell phone service in Yangmei City? Maybe you
    > will quote the particular promise in your contract that ATT broke and so
    > defaulted.
    >
    > > today my attorney submitted a letter to at&t billing them $275 for early
    > > termination and suggesting they could be sued for illegal harassment.
    > >
    > > i'll post results when there are any.

    >
    > Great, and also please post your brand new credit score :-)



    my apologies for my delay in reporting on this issue.

    at&t decided to resolve the matter my having my iphone placed on the
    permanent apple unlock list so that I could use it anywhere.

    i couldn't get them to admit that they had broken the contract and were
    obligated to pay me the termination fee but they definitely did not want
    to contest the argument in any formal setting.

    while not entirely fair and balanced, i think the result was acceptable.

    good luck to any of you who face similar issues.



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