Gilitar
join:2000-11-20
Mobile, AL |  Breach of contract?
Wouldn't this change constitute a breach of contract?
If so I'm taking my business elsewhere. |
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bobjohnson
Premium
join:2007-02-03
Titusville, FL
 ·Sprint Mobile Broa..
 ·RoadRunner Cable
| said by Gilitar  :Wouldn't this change constitute a breach of contract? If so I'm taking my business elsewhere. I thought the contracts say that prices and offers etc. are subject to change with notice?? |
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Gilitar
join:2000-11-20
Mobile, AL
 ·AT&T Southeast
1 edit | said by bobjohnson :said by Gilitar :Wouldn't this change constitute a breach of contract? If so I'm taking my business elsewhere. I thought the contracts say that prices and offers etc. are subject to change with notice?? I don't have the contract to look at at the moment. Does anyone know?
I seem to remember that the last time this happened it was a breach of contract. |
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bobjohnson
Premium
join:2007-02-03
Titusville, FL
·Sprint Mobile Broa..
·RoadRunner Cable
| said by Gilitar :said by bobjohnson :said by Gilitar :Wouldn't this change constitute a breach of contract? If so I'm taking my business elsewhere. I thought the contracts say that prices and offers etc. are subject to change with notice?? I don't have the contract to look at at the moment. Does anyone know? I seem to remember that the last time this happened it was a breach of contract. Sorry, I'll answer my own question... They can only change people in contract if you change anything and update your contract... They can just change month 2 month subs with notice... I looked at my old nextel contract, and come to think about it I still have the nextel national 1000 for 45.99, i'm sure sprint would have changed it if they could looking at their pricing now.. |
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Gilitar
join:2000-11-20
Mobile, AL | So if they change my SMS pricing I have an out. Nice to know. |
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morbo
Complete Your Transaction
join:2002-01-22
00000
clubs:
·Charter Pipeline
·AT&T Southwest
1 edit | reply to Gilitar
yes. when they change the rates, you can get out of your contract without penalty. you will have to fight them -- may have to call back several times, but be persistant. "material change" i believe is the key wording in the contract. google it.
EDIT
in the mean time, you cost them $ on all the customer service calls. if they still don't budge, go to an area where you know you are roaming (even though you get free roaming), and then use all your minutes there. do that for a few months and they will beg you to leave without penalty.  |
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en102
Canadian, eh?
join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME
| reply to Gilitar
Message 'packages' are an add on feature to your contract and can be removed/changed at any time, which means they are not subject to contract pricing.
i.e. Your wireless voice plan is for 2 years
Messaging can be added or removed at any time. You don't need to be in contract either to add/remove it.
I used to have $0.10 to send and free to recieve under AT&T Wireless. Since they now charge me to receive (spam), I have AT&T disable data/messaging completely so that I won't be charged.
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Canada = Hollywood North |
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morbo
Complete Your Transaction
join:2002-01-22
00000
clubs: | if there is a limit to the number of messages allowed in a "package", meaning there is a chance you could go over the limit, then it is a material breach of contract. |
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en102
Canadian, eh?
join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME
| The contracts do not come with any required commitment to any messaging 'package', if I'm not mistaken.
Eg. 450 + rollover = contracted (2 year)
Messaging = add on feature (package?) of 'none', pay per use (now $0.30), and what other media packages / bundles that you add. They are not part of the wireless contract.
Don't confuse a monthly add on feature which has its own rates to your one or two year wireless contract for service. The only basis for a messaging package/feature usage is that you have service.
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Canada = Hollywood North |
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dvd536
as Mr. Pink as they come
Premium
join:2001-04-27
Phoenix, AZ
| reply to bobjohnson
said by bobjohnson :said by Gilitar :Wouldn't this change constitute a breach of contract? If so I'm taking my business elsewhere. I thought the contracts say that prices and offers etc. are subject to change with notice?? it does but since THEY changed the rates, you can get out without an ETF!
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You can never be too rich, too thin or have too much Bandwidth |
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morbo
Complete Your Transaction
join:2002-01-22
00000
clubs:
·Charter Pipeline
·AT&T Southwest
| reply to en102
package or no package: this is a material change to the contract. message rates were set at the time of the agreement between the customer and AT&T. changing the rates now is...well a change, hence, any AT&T customer can get out of their contract for the next 30 days without penalty. |
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en102
Canadian, eh?
join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME
| said by morbo :package or no package: this is a material change to the contract. To what contract? There are no contract term rates for pay per use messaging. Messaging is a la carte.
The options for a la carte messaging are:
- None (i.e. disabled, which is how I have mine)
- Pay per use, in which rates are subject to change
- Bundled (i.e. 200 texts for $4.99)
»www.wireless.att.com/cell-phone-···.jsp#gsm
quote:
Pricing/Taxes/No Proration: Final month's charges are not prorated. Prices are subject to change. Prices do not include taxes.
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Canada = Hollywood North |
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morbo
Complete Your Transaction
join:2002-01-22
00000
clubs:
·Charter Pipeline
·AT&T Southwest
| said by en102 :- Pay per use, in which rates are subject to change - Bundled (i.e. 200 texts for $4.99) changing the price of messages is breaking the contract. simply saying "prices are subject to change" does not give AT&T a free pass for changing the prices. changing the price has consequences. |
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en102
Canadian, eh?
join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME
| This is no different than me having a 2 year satellite contract for TV service and during that period seeing pay-per view price change for a boxing match or NFL/NHL items changing during that time. The pay-per view was not part of the contract rate there was no contract stating that that item was
a) purchased
b) set to a specific rate, never to change
Show me where in the contract that it states that PPU messaging is part of any contract for AT&T.
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Canada = Hollywood North |
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morbo
Complete Your Transaction
join:2002-01-22
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clubs:
·Charter Pipeline
·AT&T Southwest
| the difference is messaging is on by default on all cell phones. you can receive messages without your consent. people spam you without your consent. that would be fine if the rate was the same as it was at the time the contract was agreed to.
with pay per view, you and only you (or family member) initiate ordering the program and resultant charges.
see the difference? MAYBE you would have a point if txt messaging was turned off by default, but it is not. so you are wrong. |
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en102
Canadian, eh?
join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME
| You can also disable messaging on your cell phone.
The U.S. industry is a pain for 'opt-out'. If they don't give you any form of disabling messages, or charge extra to have messaging disabled (parental controls) then yeah, they'd have a lawsuit, and I'd be joining it.
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Canada = Hollywood North |
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morbo
Complete Your Transaction
join:2002-01-22
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clubs:
·Charter Pipeline
·AT&T Southwest
| messaging is on by default. i remember reading that carriers don't always (consistently?) allow users to disable messaging.
when carriers start requiring users to TURN ON messaging, then i will agree with your point. until then, consumers should be aware that they can break their contract when their provider breaks it by raising rates. |
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en102
Canadian, eh?
join:2001-01-26
Valencia, CA
·RoadRunner Cable
·DSL EXTREME
1 edit | Yup - messaging is on by default - I had to disable mine when I migrated from AT&T Wireless (Free inbound messages) to Cingular/AT&T. If they would not have let me, I would have sued. They should have a disable text option... it would solve this.
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Canada = Hollywood North |
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