So the X in their logo represents them crossing out your rights?
Beckie is a [Consumerist] reader who started out with a cell phone from a small company that got bought by AT&T. As you well know, AT&T was bought by Cingular. A few months later, Beckie received a letter from Cingular asking her to voluntarily discontinue her service because more than 50% of her calls were using competing networks and she was no longer economically feasible for Cingular. In return, Cingular would allow her to keep her numbers. No refund. No apology. No free unlocked phones.
As you might imagine, Beckie wasn’t thrilled at the idea of buying three new phones just to help a corporation save some money, so she called the 1-800 number and said, “No.” They shut off her phones anyway.
Now, we’re no experts, but we’re pretty sure that the idea of the contract is that two people/businesses/whatever agree to something and then they are obligated to do it. Right? Beckie said “No.” Cingular should be obligated to provide her with service. Then, again…
The Supreme Court is going to look into this whole issue in the upcoming year.
According to this article, Cingular and Nextel don’t have one term of service contract like other cell phone companies. It varies by home zip code!
Here’s a clever idea on how to ditch your cell phone service without incurring a cancelation penalty.
What’s the problem? The contract that SHE signed (and obviously did not read) states that Cingular, and every other cell carrier, has the right to cancel the contract at no cost to the customer if it is no longer economically viable to the carrier. Cingular was being nice! They did not have to ask her. This is not a “one-way contract”. It’s just a contract, with terms, just like all contracts.
When those terms are met, even if the customer didn’t read about them, this will happen. There is nothing wrong here. Just sensationalist journalism at its finest.
I think the contract problem is that she said ‘no.’ If you are given a contract that you don’t like but have some obligation to fulfill the only dependable way to respond and get results is to give back some other contract. She should have had her lawyer write a paragraph saying she would pay an extra dollar a month. That could have let this go on for years without resolution and she probably could have had cell service the whole time.
I think the point is that she did NOT sign a contract with Cingular. Cingular bought her service provider and her contract, but they may not have changed her terms of service. But that is just speculation on my part, but it does seem plausable.
Most cell phone providers have a clause in thier contract that says that they can sell your account at any time and they can update your contract at anytime with no notice. (It is clearly states in CIngular TOS)
Oh well. I suppose nobody will get too upset about this. Just like the unspeakably shitty service that cell phone companies provide (when they provide service at all), this sort of idiocy is coming to be accepted as the cost of being able to insure that we can walk around the grocery store with a bluetooth device plugged into our ears, ready to jabber on about any inconsequential trivia without even having to spend the time it takes to move the cell phone to our ears.
And this business with cell phones only working now with the company that sold them in the first place?? These guys are worse than the RIAA. What a scam.
I went to court on this same thing – the judge said that Early termination clauses weren’t legal – they could charge for a prorated phone, but that is it.
LOL – and THEN he noticed that I had crossed out the early termination clause and initialed it and they signed the contract. He had a field day with them
How is this any different then the contracts for credit cards. Those can be changed at any time for any reason. Most of the time they only need to give you a warning of 15days if any. At least for cellphones you can buy your self out at a static limit if things go horribly wrong. If you run up some credit card debt the bank can jack up your intrest rate and now owe even more and have just about no recorse. Its even better when they trigger it via ‘universal default’, that is where if they notice your miss a payment for anything (even a cable tv bill) the bank jacks up your rate as you are now a credit risk.
BTW there are a few other cheaper ways to get out of a cell contract. One way is to find a location where there is no service, then just tell the cell company you moved there. Sometimes they will require a power bill or something. There you have a few choices, chat up the girl on the line and say your living with a friend that already pays for utilties. Another option is to get a power bill from someone that has your same name, or you can just attempt to fake the bill competly (photoshop is your friend).
This is why I hate phone companies. I am lucky I don’t actually have to deal with them any more. My company pays for my cell phone.
#4 – Most cell phone providers have a clause in thier contract that says that they can sell your account at any time and they can update your contract at anytime with no notice. (It is clearly states in CIngular TOS)
Comment by Ryan — 9/21/2006 @ 5:56 am
ALL cell phone providers have a clause in the contract that says they reserve the right to screw you in an anal penetration sort of way utilizing the latest in rusty farm implements and in return you have the right to keep paying and paying and paying regardless of whether or not the service works or the bills are accurate or whatever.
Of course you can choose not to sign. That is your right. Which is how wireless carriers say, “you go to hell… you go straight to hell and you die… we will not be made to actually compete in this marketspace… we will not be held accountable for the quality of our service… we are not responsible for the needs of our paying customers who buy expensive yatchs for our board of directors… in fact, we have a poster of Jeffrey Skilling in the boardroom and we love to chant his name while touching ourselves inappropriately!”
#5 – Oh well. I suppose nobody will get too upset about this. Just like the unspeakably shitty service that cell phone companies provide (when they provide service at all), this sort of idiocy is coming to be accepted as the cost of being able to insure that we can walk around the grocery store with a bluetooth device plugged into our ears, ready to jabber on about any inconsequential trivia without even having to spend the time it takes to move the cell phone to our ears.
I dare say your judgementalism could stand to be reeled in a bit… I mean, do you really care what people say on the cell phone as long as they aren’t driving. They are paying for it… Let them do as they will.
But you raise a really valuable point. Why are people willing to accept poor service? Why are we willing to be kicked around?
#6 – I went to court on this same thing – the judge said that Early termination clauses weren’t legal – they could charge for a prorated phone, but that is it.
LOL – and THEN he noticed that I had crossed out the early termination clause and initialed it and they signed the contract. He had a field day with them
Oh great master… Please share more with those of us who are simple in the trickery of the law. 🙂
You have a moral obligation to help your fellow human beings…
Comment by AC — 9/21/2006 @ 6:10 am
When I saw this story on Digg I was smart enough to pass on it. The story isn’t interesting, and the company is enforcing its right to maintain some ability to eliminate legacy report.
If you believe this woman was somehow wronged, then tell me how Windows 3.1 is running these days…
>>do you really care what people say on the cell phone as long as
>>they aren’t driving
Only to the extent that I am forced to listen to it, at an annoying volume, in grocery stores, airports, banks, restaurants, parks, and just about everywhere else I go. And, based on the drivel that they’re talking, I have to ask myself “why bother?”
As to why we put up with crappy service, I guess it’s because there is a de facto monopoly. There may be more than one company, but inasmuch as every one is just as crappy as every other one, the only real choice is between bad and worse. We could put a man on the moon 40 years ago, but we don’t seem to be able to make cell phones that work well. (Actually we used to be able to, but I guess the “telephony” part of the appliance went out the window to make room for the PDA, the music, the GPS, the camera, the color screens, the voice recorder, the bluetooth technology, and all the other garbage they pack into phones these days to try and take our minds off the fact that we can’t make and receive calls when we want to.
I could put up with the crappy service IF there was an alternative. Judging from the terms of service though, all the cell phone providers offer the same one sided crappy options.
It is so easy to see how much the watchdogs in Washington really care about Americans.
All these companies have a pay-as-you-go plan – no contract, no eavesdropping. And if you buy a GSM phone it’s easy to transfer the SID card when you want to try a new service.
The contracts ARE one sided. When my dad died, PacBell demanded that he continue to pay for his cell contract. She sent them a death certificate. Not good enough. They demanded that my mom take over the contract. She refused. She has never had, nor wants, a cell phone. They refused to accept death as an excuse to leave the contract.
PacBell sent his account to collections, and tried all sorts of nasty tricks. Eventually, mom sent a letter to the CEO of PacBell. It took him to order PacBell to stop harassing my mom.
has anyone EVER read your Bank or credit card notices??
Talk about a 1 sided contracts..
This problem is easily solved. DON’T USE A DAMN CELL PHONE!!!!!!!!
I have never owned, and will never own a cell phone. There are few in this world that must be available 24 hours a day, 365 days a year. The only one I can think of, is the guy who carries the nuculear football around.
The buyout of AT&T by Cingular occured just about 2 years ago. The longest contract by a US wireless carrier is 2 years. Chances are, she has purchased a Cingular phone, renewed her contract with them when she did, and now wants to complain?
What’s the big deal?
Her terms of service stated exactly what the provider will and will not provide. She got a copy of the TOS when the buyout occurred; it was her choice not to read it and understand it. Like most consumers, she tossed it and now wants to whine because she was a typical ignorant consumer.
What’s the big deal here? She’s not being charged early termination fees, she’s not honoring the contract (that stated over half of her calls needed to originate on the provider’s network).
And don’t use a damn cell phone? Uhm, are you crazy? Why not? Why wouldn’t I use a cell phone over a silly home phone?
If SPINACH signs a contract does a bear in the woods hear it?