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Charles Duffy
January 28, 2007 3:36 PM
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The Cingular arbitration clause lets you go with small claims rather than the arbiter should you be so inclined. That's the route I'm going to go.

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dantsea
January 28, 2007 4:18 PM
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So their attitude is basically \"Screw you, go ahead and sue us,\" because they know most consumers won't. Go ahead and sue them in small claim.

Here's the fun thing about small claims courts in most jurisdictions: They're not courts of law, they're courts of equity that do not set legal precedents but settle community disputes.

The Cingular rep -- if they show up -- can argue contract law until he's blue in the face, the judge can say \"what you're doing isn't fair,\" and enter judgment for the plaintiff.

There is an appeals path to the lowest court at law, but since that's when things start to get more expensive than small claims is worth, most losers won't bother.

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Merlesneed
January 28, 2007 4:29 PM
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My research (sample size of one) leads me to conclude that cellphone carriers have supplanted used-car salespeople, timeshare sales operations and late-night infommercials guys and gals, as the sleaziest operators around.

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LatherRinseRepeat
January 29, 2007 12:30 AM
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I don't see the point in arguing legal language with a customer service rep. You're spinning your wheels and getting no where. Just take them to court and let the lawyers duke it out.

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ViewFromHere
January 29, 2007 5:48 PM
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@dantc: Not all states allow appeals from Small Claims court. I live in Oregon where the decision by the judge in Small Claims court is final. The individual parties to the case present their evidence to the judge--no lawyers allowed--which makes it a much more level playing field when a consumer is taking on a corporate giant.

Many local courts have websites. Consumers should check with their local courts for more information about how to file a Small Claim.

Good luck, William!

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royal72
January 29, 2007 7:36 PM
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well i tried as well and in so many words got the same thing. in my case i kept getting \"it's not part of the contract, as it's an optional service.\" two hours later, i'm waiting for a \"supervisor\" to call me back.

i have neither the time, nor money to take these clowns to court, so i'm hoping for a class action lawsuit to tag along with.

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phildeaux
February 1, 2007 9:33 PM
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This is very interesting because Cingular and Verizon and T-Mobile and all the other carriers use these arbitration clauses and bans on class actions in every lawsuit to try to defeat the class action.

They constantly argue that these bans on class actions are enforceable. And that Customers agreed to the bans. We spend years arguing over the enforceability of arbitration clauses and usually go through multiple appeals.

And now they say that the change is not material? Talk about doublespeak. If it isn't material, why do they post the notice on the website at all. This problem, as well as Cingular's refusal to allow customers to cancel based on the change in TXT messaging could form the perfect storm for a class action...

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dwj119
March 1, 2007 6:04 PM
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I was planning on calling Cingular to break out of my contract without paying the early termination fee using the information I found on this site. By reading past comments, I'm getting the feeling its pretty much worthless. Should I even spend the time and try using the script based on the text message rate increase? Is anybody having any success?

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Jobeleca
March 3, 2007 6:14 AM
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Sorry, but we just laugh at people who try this. That only applies to something you are billed for monthly, not usage charges. Nice try though.

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singularone
May 2, 2007 12:02 AM
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I followed your script last night with a Cingular rep -- tier 2. It was an entirely frustrating and ultimately futile process.

The first twenty minutes were spent arguing whether this was a change to the contract at all. I kept pointing him to the words \"revised the ARBITRATION CLAUSE in our standard Wireless Service Agreement\" and he kept saying it was not a change to the service agreement. He finally broke dwon and agreed it was a change to the agreement but still denied that it affected the \"service part of the agreement\" (?!?!)

Other nonsensical assertions: This revision benefits you the consumer (um, that isn't the issue whether you THINK it benefits me) and then his assertion that I received notice in the November bill that there would be a change to the clause. (I am not sure if this is true or what effect it would have.)

I would love to figure out how to terminate the agreement without a fee since the service itself is abysmal and they have twice supplied my wife with a phone that does not work (and now want to charge her for a new phone.)

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