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- 02-01-2012, 08:53 AM #1james 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)
- 02-01-2012, 10:15 PM #2DevilsPGDGuest
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.
- 02-02-2012, 05:50 PM #3DevilsPGDGuest
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.
- 06-15-2012, 06:34 PM #4james 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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