When MetroPCS Says 'No Contract,' They Mean 'Contract'

the law stopped the cell phone carriers from doing much of anything?

advertising "no contract" and then forcing a contract is typical of ALL of the cell phone companies. Screwing customers is far, far more important than providing good service at a reasonable price. I have yet to see a cell company that cared about customers.

Unless someone has the money to fight the binding arbitration clause in court, they will get away with it. They probably have slipped the FCC money under the table to ignore their false advertising.

I only know of one.. Alltel.. I have had their service for a few years now and haven't had any issues. Even when I couldn't pay my bill due to financial difficulty, they offered to waive the termination fee and apply a $25 credit on my bill.

Plus, their data service is really unlimited. I've been using it for years, usually accruing 10+GB a month (getting updates for customers) on my 6800 and TP.

Unfortunately, in around a year, at&t will officially screw me over and I'll be miserable like everyone else.

I have to agree with you about Alltel; I was with them for about ten years--all good. But, in my area, Alltel is now Verizon--not as good. With Alltel, "U" came first; with Verizon, it's all about the $$$. Verizon does a good job, I suppose, but that's all it really is: a job. Different corporate culture.

you must be on the Alltel GSM ?

Nope. Alltel RevA CDMA.

Verizon/at&t are still having issues with the local laws here in Montana. Something about a local monopoly.

I agree 100%, Alltel was truly the best for us for 7 years. We still have our Alltel blackberry's, but have noticed a slow in our data speeds since Verizon took over. I'm keeping our plan as long as I can since Alltel gave you free unlimited text and free unlimited tethering with their smartphone plans. Verizon charges extra for both of those options. I also use as much as 12GB a month and have never had a problem.

RIP Alltel, we miss you very much!

-Dragasoni-

»pblog.bna.com/techlaw/20 ··· act.htmlThe 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.

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 only way to "win" cases like this is to find a lawyer who will put forth a class action suit.

I agree with OverModded as well.

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

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.

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

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

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.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

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"

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.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...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.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

Bull Feces. It seems that everything in the digital world is covered by a contract. I am surprised that all new cars do not come wrapped in cellophane with a 2,000 Page shrink wrapped contract contained in the glove box.

I purchased a car with a Navigational System and I found that I could not use the system until I pressed a button to agree to a shrink wrapped contract that popped up when I started the engine.

It seems that any new technology is governed by a contract. Which means that in the not to distant future, when you buy an appliance you will have to connected it to the internet and then have to sign a shrink contract to begin using it. For example you will have to agree not to do is insert a metallic object into a toaster to recover a piece of toast. The toasters metal detector will report you to the manufacturer if you do. The Refrigerator will report you to the food police if you do not throw out any food that has exceeded the use by date. How will the Refrigerator know! By the new smart tags with RFID affixed to the food. Remember we live in a free country except when it comes to corporate interests.

I'm sorry but in a world where greedy people sue McDonald's for there coffee being hot and burning them when they spill it, when they would be furious if they were sold coffee that wasn't hot.
these things are required.

So now they have a warning: this coffee is hot!
wtf, of course it is.

If everyone was still decent and honest, these wouldn't be required, but everyone the customer and the corporations are just out to make a buck.

Way back in brick sized phone days, I signed up for GTE MobileNet and when presented with the contract, I read it, crossed out the spots that were unacceptable...me and the dumb kid initialed the redacted pieces and then I signed the contract, and took home a photocopy of the contract.

When I stopped my service, and they tried to hammer me for a $500 ETF. I had scratched that piece from the contract and it was accepted by the "authorized agent" who should have sent me out of the store. They could have attempted to sue me, but their agent was the one in control of the situation. My kids play with that phone today.

Now the contracts are electronic, can't be altered, but if a buyer finds themselves in an understaffed office signing up for service and there's a long line of angry customers building up, a person could claim that the contract was signed under duress and that reasonable accommodations were not provided.

Of course, there's going to be some kind of contract. You're not gonna wander into a telco of any kind and not have to sign SOMETHING. They need to be indemnified if you use their service to commit some heinous act, and to keep the buyer from suing them in court for false advertising or sub-par service.

I was about to post a note about how it was in the good old days when telephone service was regulated and customers were not jerked around by contracts and ETF's, but I forgot one thing. The telephone companies had tariffs to hide behind. In view of the fact that the tariffs were an implied contract, whenever a customer had a problem with their service the company would hide behind the tariff. When there was a complaint the customer service representative would always ask it the customer had read the tariff. When the customer would admit that they had not the CSR would say SEE, refer to the tariff it plainly states we can provide crappy service under certain circumstances.

Most telephone companies give their new sales personnel a one week class on how to read the tariff. How does an ordinary consumer have a chance. These days, service providers make their contracts so complicated that even a Philadelphia Lawyer could not unravel them.

True but no one should have to give up the fundamental ability to sue someone/some company in front of a jury of his/her peers.

Please do some research on this lawsuit before you make such statements. It was McDonald's that was stupid in this case as you will see if you do the research.

The case you are referring to was legitimate. She didn't sue because the coffee was hot (and most definitely not because she was greedy), she sued because it was negligently hot (185 °F/85 °C), enough to cause third degree burns to 6% of her body within seconds and 16% of burns overall. She had to have two years of medical treatment to recover.

»en.wikipedia.org/wiki/Li ··· taurants

For what it's worth, my coffee finishes brewing at 65-70 °C (150-160 °F), but I can't touch it until it's about 50 (120).

That lady suffered third degree burns and needed serious surgery. The temperature mcdonalds had been selling their coffee at the time would have killed anyone stupid enough to drink it in one gulp. Not only did mcdonalds add the warning but they also lowered the temperature at which they sold their coffee because IT WAS A REAL SAFETY HAZARD.

Stop being a corporate white knight when you don't even know the story. This particular ditti gets resung every so often and is always spun in favor of mcdonalds. That is good PR at work, ladies and gentlemen.

I dont remember ever signing a contract for Cricket, but that doesn't mean there may not have been some form of electronic EULA so to speak.

Still even the most clueless of consumers understands the difference between a "no contract" carrier and a "contract" carrier.

Does anyone know of a company that allows you to use their network without some leagalese/eula?

Look at the documentation you received or on the Cricket website TOS section and you will see that you sighed a contract without knowing you did so, by opening the package and activating the service! The shrink wrapped contract was hidden somewhere. By activating the service you agreed to the contract.

Look a little further... and, people here, INCLUDING Karl, needs to apply a little education. There IS something called context... words have implied meanings as allowed by law.

The term "CONTRACT" or "NO CONTRACT" when talking about the way you pay for your service means that you're not forced to commit to a "CONTRACT LENGTH OF SERVICE." It DOESN'T mean NOR imply that you're bound by terms that you must abide by when using the service.

I don't know any company, even down to a car wash or parking garage, that doesn't have some kind of agreement or rules or "contract" you're bound to when using said service.

So, to speak to the little minds, they should have said "NO COMMITMENTS" instead of "NO CONTRACTS"... because, like I said, it's WELL KNOWN in the INDUSTRY TERM that "CONTRACT" means a length in which you must remain a customer to avoid any kind of penalty.... it DOESN'T mean that you have free and unabridged rights to do anything you want.. BUT you ARE bound by their TERMS so long as you use the service.

I mean.. really... I think it's a slow news day today.

oh.. and anyone, including a good lawyer, knows that arbitration in the case of a piece of hardware, like the phone itself, catching fire would sail right past any arbitration.

When you have a pre-paid cell phone service, such as MetroPCS, Cricket, or Boost, what "harm" can happen? You pay for the service.. you use it.. when your time is up, you decide to pay for another 30 days service in advance... so, unlike post-paid commitment term service providers where there are issues that can and do arise during that term, what could you really want to sue for in the first place?

If by opening the box, you agree to arbitration-then this is a very big deal and FAR different then having no termination fees-ESPECIALLY in light of the data that shows how seldom consumers WIN in arbitration!

What if that cell phone was manufactured improperly (some are) and catches fire in your pocket-badly burning you (some have)? Would you not want the right to sue the manufacturer and/or the provider to pay your medical bills and to pay for the time you were too injured to work? What if your cell phone caught fire in your bag while you left it in your brand new car? Would you not want them to pay to replace the car?

Based upon the data about arbitration here-the chances of ANY of these things happening are FAR more remote then might happen in a trial.

If arbitration is as biased against the consumer as the data seems to show then it should be declared ILLEGAL!!

In my area metro pc only covers half the county (suffolk county on long island) . When you go out to say the hamptons you will get charged fees by metro pcs.

Its not worth it vs even t-mobile.

Metro PCS is actually in the process right now at putting circuits in the rest of your county on long island. I'm sure they'll be putting them on the same towers that tmo/att/sprint and vzw use so you can expect similar reception.

What i dont understand is how many voice minutes do you use at the hamptons every month? Cause if it's more than a 20 min i'd be surprised and texting is free for metropcs customers with verizon roaming. by the way that's like 4 dollars worth of roaming fees (20 min). If that was the only reason you didn't use metropcs you may want to reconsider what kind of marketing you've been buying into.

When you enter a Metropcs store to get on board with unlimited International calls, which no other carrier has.You are not asked for your ssn# instead they ask you what name do you want on your bill, so here's the thing those customers who have very common names like Jose Rodrigues who are they going to sue????? Verizon the evil empire does this all the time trying to take good companies and throw them under the bus because theyre profitabel or taking profits away from them, say NO to Verizon...

Absolutely... Metro wants only a name to put the service in.. They are a very good company if you ask me. I think they try very hard to fill a void and provide a good service at a fair cost. If you people dont agree do the great American thing.. CHOOSE SOMEONE ELSE!! No one makes you choose Metro!

So somebody is suing a company that provided unlimited calling when nobody else would at a affordable price.

My family has used metropcs for years, and had never hit some kind of cap based on calling, nor have I had to pay any fee to cancel.

To me that is no strings attached, now if the company wants to protect themselves by issuing a contract that I won't do anything by having access to their public network. Then they have every right to do so.

But my services are still unlimited as stated, and I am under no contract for the hardware that I fully paid for up front.

Someone is just trying to pocket in some money from an actually good company which are only trying to protect their assets. Because I guarantee most of you wouldn't care if that contract was there or not, because more than likely it's just a network usage policy.

I'm thinking about switching to MetroPCS ..
I had Verizon for a 4 years and as soon as T-Mobile
redone their prices. I jump to T-Mobile and I've had
so far no issues.

I'm thinking of getting a Google phone, but I'm going
to wait for the second or even a third release. Maybe
in 2011 I'll make a decision on what I'm going to do.

MetroPCS looks like they will be around for years
to come ... Maybe the rest will drop their prices to
match them ...

I just signed on with Metro PCS and I guess you could say the little receipt I signed to pay for my phone was a contract although certainly not in the AT&T sense of the word.

I must be blind because it doesnt seem to say what was violated.

Did the person start calling to/from Burma?
Did the person tether their phone to backtrack 4 computer and then start cyber attacking metropcs' network?
Did the person get the cheapest plan and then want to do everything unlimited?

No matter what you do in the world. There's always at least implied contracts. Terms of service is a contract but not in the same sense.

Take for example. I goto mcdonalds to get a meal. I was part of several contracts to do so. 1. Terms of service are... no shirt no service... no pets.. etc etc.
2. If I order something... I have to pay for it.
»en.wikipedia.org/wiki/Im ··· contract

Most people.. 99.999% of people would say there was no contract required there.

I just want to know what exactly the customer violated. Then I can judge.

Afterall if I got caught trying to crack their gsm network and record other people... I wouldnt get very far with claiming... "It's not against terms of service; there is no contract to say I cant do it"
»en.wikipedia.org/wiki/Qu ··· contract

Implied by law.

No shoes, no shirt and no service. Interesting there's nothing about "no PANTS"...