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ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
kudos:4

Out of the contract?

So since AT&T changed their TOS I assume people can call and cancel without an ETF?


morbo
Complete Your Transaction

join:2002-01-22
00000

1 edit

said by ptrowski:

So since AT&T changed their TOS I assume people can call and cancel without an ETF?
excellent point! alerting my iPhone toting friends right now...

JSM88

join:2000-12-20
Falls Church, VA

reply to ptrowski
good question - huge question - with another iphone coming out in two months I'd love to drop the current contract without the $175 etf and pick up a new phone a year early - so what's the deal, do they actually have to say this contract change applies to my contract or is it assumed?



ptrowski
Got Helix?
Premium
join:2005-03-14
Putnam, CT
kudos:4

reply to morbo
I am one of them. If I can use this to my advantage.....



morbo
Complete Your Transaction

join:2002-01-22
00000

reply to JSM88
as i understand it, cell phone companies don't give up contracts easily. they will say anything to make you think you don't have a right to leave your contract. but don't give up. the law is on your side.


djeremy

join:2004-07-12
San Francisco, CA

reply to ptrowski
almost all cell phone contracts state that the carrier can change the contract at any time for any reason. it's in the fine print.


JSM88

join:2000-12-20
Falls Church, VA

yes, of course they do, but the LAW (which, funny enough, supercedes contracts) says that if a retailer makes a "material adverse change" to the conditions of a contract, you have the right to void it, with no recourse to the retailer. Now - understand what's going on here - the retailer does have the right, reserved in the contract, to change contract terms, and if you don't cancel, you must abide by them - but they DON'T have the right to change the terms and expect you to pay for the materially different product.

Now, we know that changing the rates charged for something (eg. instant messages) is absolutely considered a MAC, but do these changes qualify?


dentman42
Premium
join:2001-10-02
Columbus, OH

reply to ptrowski

said by ptrowski:

So since AT&T changed their TOS I assume people can call and cancel without an ETF?
Wow! An out for iTards!


TreeTopFlyer

@sbcglobal.net

reply to ptrowski
Wonderful . . . I've got a lot of clients that are stuck with AT$T on their phones and want to change. I told them to wait until AT$T changes their TOS so they wouldn't have to pay the ETF. Links to this story are being emailed to them right now.


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