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Renewed contract without consent... what should i do?

TurdFurguson

Nov 13, 2003, 3:26 AM
I found out in July ATTWS renewed my contract w/o consent. What can i do? I called and spoke to them and they said in the customer service records they read aloud something and i agreed to it which is a lie. I know the law and know the burden of proof is on them. With no signature and no recorded confirmation what grounds to they have to charge me to "break" this fictitious contract. This is not the first time to have been duped my ATTWS cust service... which is why i am switching to a new carrier before contract ends. I have already mailed a written letter to a coorespondence address with no reply. Help please!
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slipperybear

Nov 13, 2003, 1:01 PM
🙄 There isn't much you can do. 1 year contracts with ATTWS are verbal commitments and 2 year contract require signatures. If the notes in the EVENTS on your customer profile detail (in writing) everything that was explained to you, then you don't have a leg to stand on. Also, the Terms and Conditions state that by paying your bill you are agreeing to the contract. Sorry to tell you the bad news.

JSB
Customer Care Representative II
AT&T Wireless
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TurdFurguson

Nov 13, 2003, 3:35 PM
I appreciate your response and sincerly thankyou for any further insight... but I did indeed sign a one year agreement that expired on approx Nov 10th. As far at Texas (where i live) verbal agreement don't hold any weight... it would like me saying they told me they would give me a million minutes on my 10th month and then writing down a name and date of someone I spoke to... even thought it was untrue.

What had happened was I was promised free gifts for joining the survice in NOV of last yr...and the gift never came. So I called and complained as to why in Jan 2003, and they had no idea what i was talking about (apparently it was a regional offer to college students) so the agent on the phone offered me free month and more minutes for th...
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pumpkin

Nov 13, 2003, 6:25 PM
two misconceptions a lot of people seem to beleive.
1) verbal contracts are legally binding in all 50 states, it is a federal law and therefore legal in all states including texas.
2) as you are saying attws has done wrong, it is not for us to prove we are inocent, it is for you to prove that we are guilty of the deceipt and therefore the burden of proof is on you and not on attws.

also just so you know, attws has not had signed contracts for one year agreements for 5yrs, only 2 yrs, unless you signed a contract with the dealer, some dealers require a contract with them as well as with attws.
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ATandT

Nov 14, 2003, 2:00 PM
In all 50 states a verbal contract IS legally binding. It is not the same as you writing something down on paper and trying to hold AT&T to it. They would read you a legal contract statement and note your Account with legal documentation.

You are admitting a representative gave you a FREE month of service and promotions and you expected nothing from your end. You are quite naive. Anytime you accept a promotion of any kind or a FREE month of service the company is going to ask for your commitment in return.

If you want to "rumble" it's up to yourself, but AT&T will take you to collections and based on what you're saying it would probably hold up in court.
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TurdFurguson

Nov 14, 2003, 3:25 PM
Naive? They did indeed break a verbal contract when they failed to hold up their end of the bargin when i purchased the phone (the free gifts that equaled 75 bucks). THAT is why they offered me the free month. I want them to read my contract... it's only from a year after activation/purchase. I still don't understand how the burden of proof is on me... they are ones saying I extended my contract.. the only thing set in stone should be the fact i signed a one year contract. Yeah, I'm not a lawyer... so yeah I am just using logic and common sense.

If indeed you are correct and i cannot do anything (except for the FCC) PLEASE EVERYONE BEWARE who are looking into ATTWS. I have seen companies (Cingluar) lie and do decitful things like this bef...
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mycool

Nov 27, 2003, 9:06 AM
I've never heard of free gifts offered directly from ATTWS. Are you sure that the gifts were not from an independant 3rd party? If so, then it isn't ATTWS fault you didn't get them. Also, if they were promised FROM ATTWS directly, it should be in your copy of the original contract you signed...
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TurdFurguson

Nov 30, 2003, 11:14 PM
It was an actual attws offer by ATTWS last October... the website at the time attws setup was www.attgear.com

With the promotion if you activated a new line of service by a certain date you received your choice of a gear pack... a couple ps2 games, cds, or dvds. To take advantage you activated a new account, create attws online login, go to above mentioned website and entered your info. It was geared for college student or so i was told and i was informed about it by an ad in my college newspaper. No 3rd party. I still have the e-mails from attws in my mailbox about it.

Oh and moobak (with difficulty restraining myself from saying worse) your dumb... I am not dense nor lying, is it that impossible to accept the fact that someone with a...
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L B

Nov 13, 2003, 1:49 PM
Was it an extension for a phone purchase, credit or rate plan change/promotion? Find out why it was extended, because if it was extended for a credit or discount on equip, some reps will debit your account and revert the contract. If it was for a promo, all is not lost, you can try contacting the FCC (1 (88😎 CALL-FCC (225-5322) or submit a complaint through www.ftp.fcc.gov/cgb/complaints.html. This usually gets good results. There are other places (BBB, etc...) But the FCC complaint can usually fetch results well. It may be a bit of a battle, though.
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pumpkin

Nov 14, 2003, 1:38 AM
Unfortunatly the BBB is a For profit orginization. So when ppl call up and say that they will Call the BBB on AWS, I laugh because if AWS gives BBB a couple thousand dollars BBB says that AWS is the best company in the world. You are better off with the FCC.
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ATandT

Nov 14, 2003, 1:54 PM
You obviously do no t know the law. A verbal agreement is perfectly fine for a 1yr contract. Companies do it everyday, even in the state of Texas. In fact, the burden of proof is on you because you're the one disputing something, not AT&T. Even without a signature or a recorded confirmation they have the notes in your Account, those are considered legal documents and are able to be subpoenaed to a court if necessary. They do contracts like this everyday and there legal dept. has been informed by the courts that as long as the contract statements is read and it's documented you agreed to it then the contract is binding. The correspondence address is merely a form of customer care. To be honest with you they are not allowed to override ...
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McG

Nov 15, 2003, 11:40 AM
HAHAHAHAHAHA!!!!!!!!!! Verbal contracts not binding? I mean c'mon. Unless you can find that CSR that did it. Make him/her say they extended your contract wrongly. Theres nothing you can do. Just find someone to take the account from you, change of financial responsibility, or bite the bullet and pay the ETF. Because like someone else post you were naive to think you were getting a month free for nothing. Im sorry but theres not a whole lot you can do. If you go far enough and spend enough money on lawyers and in court maybe just MAYBE if ATTWS gets annoyed they might let you out. But thats it!!!!
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Big Daddy

Nov 20, 2003, 9:48 AM
it is unfortunate they did not tell you this but it does state on the original contract if you change your plan and accept any new promos or accept any different promos on your same plan or get any kind of credit at all for any reason whether it be equipment or otherwise your contract will be extended 365 days from that date. Believe me they cover themselves from every conceivable angle ( as all wireless companies do ).
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TurdFurguson

Nov 21, 2003, 2:53 AM
Actually it says... "IF YOU SELECT A RATE PLAN, FEATURE OR PROMOTION WHICH REQUIRES A FIXED TERM OF MORE THAN ONE MONTH (SUCH AS A ONE-YEAR RATE PLAN), YOU AGREE TO PURCHASE SERVICE FOR THE FULL TERM."

check it out at...
http://www.attwireless.com/mobileinternet/terms.jhtml »

Apparently the promotion they gave is indeed a promotion that requires a fixed term of greater than one month... again either due to their ignorence or hatred I was unimformed of this even after I specifically asked "this action is not renewing my contract becuse if it does I choose NOT to take the free month?" I have worked for different wireless companies which is why I checked to see if this action would modify my existing contract. I recieved no terms and condi...
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moobak

Nov 26, 2003, 11:29 PM
Which isn't an argument. Its your word against our terms and conditions which you recived at the beginning of your service. If you did not recive terms and conditions at the beginning of your service, then it would be your responsability to request them sent to you immediately after, OR you automatically agree to them by using the service. You've worked with different wireless companies? I highly doubt it, or you would know this. You don't, so unless you were completely dense, you're lying. Sorry bud, the contract stays.
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pumpkin

Nov 27, 2003, 12:48 AM
sorry moobak your a little late on this one, he already got someone to let him out of his contract, and they charged him back the free month of service. check the forum un SUCCESS. 😕
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