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fAcEtIOUs
Premium
join:2002-03-03
kudos:4

"No contract" means a prepaid svc plan

»pblog.bna.com/techlaw/2010/02/do···act.html
MetroPCS argued that the phrase "no contract" is a standard industry term for "prepaid service plans with no long-term commitment and no termination fee."
The above is the std accepted marketing term for cell service that has no long term commitments. Most people understand that that is what "No Contract" means. Even buying a pack of gum in a grocery store has an implied contract that applies to buyer & seller. This lawsuit is trying to turn an advertising claim in to something it is not and that almost all reasonable people understand.


R4M0N
Brazilian Soccer Ownz Joo

join:2000-10-04
Glen Allen, VA

1 edit

I have to agree with OverModded here on the main issue. There's always a contract even when none is signed. When I sell I used lawn mower at a garage sale, there's an implied contract that says the item is sold "as-is" even though nothing is written down.

The term no-contract is understood to be no long-term commitment.

As for the biding arbitration clause, I think it's crap no matter what the situation.



The Dv8or
Just call me Dong Suck Oh, M.D.
Premium
join:2001-08-09
Denver, CO

The only way to "win" cases like this is to find a lawyer who will put forth a class action suit.
--
You're so vain... I bet you think this post is about you.



MovieLover76

join:2009-09-11
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reply to fAcEtIOUs
Normally I don't side with corporations, but in cell phone land the things people hate contracts for are the long 2-year commitments and the ETF to get out of that commitment.

This seems to be just a standard contract outlying the terms of service, what happens in the event of service disruption,etc
all service providers need those to avoid huge laysuits.

This is just someone trying to make a buck.



en102
Canadian, eh?

join:2001-01-26
Valencia, CA

reply to R4M0N
I agree with OverModded as well.

The 'contract' should be more of a 'Terms of Use' and 'AUP'.



Noah Vail
Son made my Avatar
Premium
join:2004-12-10
Lorton, VA
kudos:1
Reviews:
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reply to fAcEtIOUs

said by fAcEtIOUs:

Even buying a pack of gum in a grocery store has an implied contract that applies to buyer & seller.
I can locate a copy of MetroPCS's non-existent contract. Since I can read it, it exists.

Where do I look on the pack of gum to locate a copy of it's implied contract, the one that the gum maker implies doesn't exist?
NV
--
In my perfect religion, a giant hole appears and sucks up all the lousy people.
I call it the Crapture.

theeinstein
Premium
join:2003-07-31
Fernandina Beach, FL

Since you put it that way... its for people like you.. who dont have the logic to understand what is reasonable...



Noah Vail
Son made my Avatar
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Reviews:
·Bright House
·Sprint Mobile Br..

said by theeinstein:

Since you put it that way... its for people like you.. who dont have the logic to understand what is reasonable...
Some folks consider the usage of lies in advertising to be reasonable.

Many of those folks assume that reasonable equals healthy.

Sucks to be them.

NV
--
In my perfect religion, a giant hole appears and sucks up all the lousy people.
I call it the Crapture.

theeinstein
Premium
join:2003-07-31
Fernandina Beach, FL

1 edit

Actually...Most people have the ability to define reasonable but you dont seem to carry that common sense gene....



Noah Vail
Son made my Avatar
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said by theeinstein:

Actually...Most people have the ability to define reasonable but you dont seem to carry that common sense gene....
I also carry a powerful expectation gene. It reduces people who depend on passive logic to a simpering wreck.

said by theeinstein:

Its ok though you seem like an Obama voter..so that makes it ok..
Ha! You've just made my day. I enjoy folks who believe they can identify an ideology from a single position.

Ironically, I have an Obama sticker on the back of my van. It's a holdover from the previous owner. I keep it there because I too often drive like an self-important butt-hole and I like creating the negative association.

NV
--
In my perfect religion, a giant hole appears and sucks up all the lousy people.
I call it the Crapture.

theeinstein
Premium
join:2003-07-31
Fernandina Beach, FL

Powerful expectation of what.. you expect others to be as you are?.. Back to the main topic.. Since you think metro is lying in their ads have you stopped using them?

Made your day huh... really man its ok you can admit you voted for him...everyone makes mistakes..

When you talk with people pay better attention to the words.. namely "seems like" from my previous statement. An actually yes you can tell a lot about people from a relative small sample of that person.. unless maybe that isnt part of your "perfect religion"



Noah Vail
Son made my Avatar
Premium
join:2004-12-10
Lorton, VA
kudos:1
Reviews:
·Bright House
·Sprint Mobile Br..

said by theeinstein:

Powerful expectation of what.. you expect others to be as you are?..
My Expectations are to be honest in dealings with others, even if it reduces profit. I expect businesses to embrace the philosophy; not because it is mine but because it is superior.

It's a conservative, and very Christian principle. You should embrace one sometime.

said by theeinstein:

Since you think metro is lying in their ads have you stopped using them?
To knowing say there is no contract when there is a contract is a textbook example of a lie.

An acceptance of absolute right and wrong is one of the most liberating facets of conservatism. It beckons to you...

said by theeinstein:

Made your day huh... really man its ok you can admit you voted for him...everyone makes mistakes..
I voted for McCain, though I would have preferred a seasoned (ie: less robotic) Bobby Jindal. McCain was kind of a milquetoast candidate; though not as awful as Bob Dole.

said by theeinstein:

When you talk with people pay better attention to the words.. namely "seems like" from my previous statement. An actually yes you can tell a lot about people from a relative small sample of that person.. unless maybe that isnt part of your "perfect religion"
I pay perfect attention to people's words; to do less is inconsiderate. I choose to not be inconsiderate.

I'm sorry you see denial in other people's voting choices, especially as you lack meaningful evidence. I'd offer that I understand but I doubt that I do.

I hope you become largely secure in who and what you are, that you too may escape most of life's opportunities for senseless paranoia.

Properly applied conservatism brings order, liberty... and peace of mind. It will be waiting for you whenever you find yourself ready.

NV
--
In my perfect religion, a giant hole appears and sucks up all the lousy people.
I call it the Crapture.

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