|reply to IowaCowboy |
Re: Contract language
So you are implying he is stealing service that he isnt even using. How in the world did you come to that conclusion?
Being you dont know what was in his contract you cant speak for any fine print that may or may not have existed. He was either under his old contract as it is still in effect but just expired or he is not under any contract and any terms or provisions in the expired contract do not apply. Both him and AT&T take the implied risk of there being no contract between them.
Regardless of that, AT&T's choice should have been to contact him to explain the situation and give him X days to comply at which time they terminate his service.
AT&T should not have taken it upon themselves to add cost to his bill that he has not explicitly given authorization to. The phone companies have been sued and have lost on those very grounds concerning renewing of contracts.
What the article fails to mention is that many people don't read the entire contract before signing it. AT&T is a multi-billion dollar company with some of the best attorneys on retainer. If you read the contract word by word, there is all kinds of terms and conditions that you don't realize you are signing. That is why they have a buyers remorse policy but they can charge a $35 restocking fee. There is all kinds of language such as giving up the rights to participate in class action suits (arbitration agreement), that you agree to pay debt collectors that they may assign/sell a delinquent account to, that you have to pay attorneys fees and collection costs, that they are not responsible for failed 911 calls (even if they are grossly negligent), etc.
If I were your law professor, your homework assignment is to read your cell phone contract word by word. It's basically a closed end contract which means take it or leave it. In other words, if you don't like it, don't do business with AT&T.
And one last word, that contract has terms that if you violate the contract, AT&T at its discretion may terminate your service and bill you the appropriate ETF. So if you use a smartphone without a data plan, that is a violation of the terms of service and AT&T at its discretion may consider that a breach of contract and suspend and or cancel service and bill you the ETF.
I've experienced ImOn (when they were McLeod USA), Mediacom, Comcast, and Time Warner. They are much better than broadcast TV.
I have not and will not cut the cord.