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jgkolt
Premium Member
join:2004-02-21
Avon, OH

jgkolt

Premium Member

Breach Of Contract

Does that mean we can get out of our contracts now?

WeSRT4
join:2000-11-20
Mobile, AL

WeSRT4

Member

said by jgkolt:

Does that mean we can get out of our contracts now?
It appears so
cghh
join:2001-01-15
Milpitas, CA

1 edit

cghh to jgkolt

Member

to jgkolt
said by jgkolt:

Does that mean we can get out of our contracts now?
I don't think your contract mentioned anything about text message rates. Unless it specifically included terms for text messaging (such as "unlimited" in some plans), then the contract hasn't been breached. Just because you have a contract charging $Y for X min/month of voice calls doesn't mean that they cannot change the rates for other products they offer.

morbo
Complete Your Transaction
join:2002-01-22
00000

morbo

Member

said by cghh:

I don't think your contract mentioned anything about text message rates. Unless it specifically included terms for text messaging (such as "unlimited" in some plans), then the contract hasn't been breached. Just because you have a contract charging $Y for X min/month of voice calls doesn't mean that they cannot change the rates for other products they offer.
your interpretation is incorrect. please don't repeat this as it will confused people that are legally able to break their contract now that AT&T has made one sided changes to the original agreement.
cghh
join:2001-01-15
Milpitas, CA

cghh

Member

said by morbo:

said by cghh:

I don't think your contract mentioned anything about text message rates. Unless it specifically included terms for text messaging (such as "unlimited" in some plans), then the contract hasn't been breached. Just because you have a contract charging $Y for X min/month of voice calls doesn't mean that they cannot change the rates for other products they offer.
your interpretation is incorrect. please don't repeat this as it will confused people that are legally able to break their contract now that AT&T has made one sided changes to the original agreement.
Did the original agreement include text messaging rates? If it did (either explicitly or implied), then I apologize.

RadioDoc

join:2000-05-11
La Grange, IL

RadioDoc to WeSRT4

to WeSRT4
Nope. Since you can turn SMS/MMS messaging options on and off and/or change messaging and data plans at will online with no change to your underlying contract price or term--in other words, this is an add-on to your existing service you could drop completely at will--this price increase has no effect on it.

MPScan
Premium Member
join:2001-08-24
Boston, MA

MPScan to cghh

Premium Member

to cghh
I'm not sure exactly what the deal with AT&T is, but when Verizon changed their rates, they allowed anyone who asked out of the contract even though the contract did not specifically mention the exact rates. It's defined as a "material change" to the contract.

Of course, it was not publicized by Verizon, but they let people out. Now, I'm sure it'll be the same for AT&T, they won't say a word about it, but it's all there.
TheGhost
Premium Member
join:2003-01-03
Lake Forest, IL

TheGhost to RadioDoc

Premium Member

to RadioDoc
said by RadioDoc:

Nope. Since you can turn SMS/MMS messaging options on and off and/or change messaging and data plans at will online with no change to your underlying contract price or term--in other words, this is an add-on to your existing service you could drop completely at will--this price increase has no effect on it.
It could be argued that there is a material change. You had access to a service for a certain cost. They significantly raised the cost. Giving you the option of not using a service should not be considered a valid option. It is an option to make sure you don't get charged going forward, but if you want out, you should have that option as well. I have heard that if you have not used text messages in the past that they will try and argue that you are not being hurt, have heard of those cases going both ways.