Shop Talk

1. Go to the top/bottom/middle of your January bill. Note this section.

"NOTICE OF DISPUTE RESOLUTION AGREEMENT IN CONTRACT. We are pleased to advise you that Cingular has revised the ARBITRATION CLAUSE in our standard Wireless Service Agreement to make it even better for consumers. The revised arbitration clause can be found at www.cingular.com/disputeresolution. This revision is effective immediately."
2. Call Cingular customer service. 1-888-CINGULAR.

3. Say to the rep, "Can I ask you a question?"

4. They say, "Yes."

5. Refer to the text below. Ask, "Does this arbitration clause applies to me?"

"DISPUTE RESOLUTION BY BINDING ARBITRATION, Please read this carefully. It affects your rights."..."Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted."
6. Cingular will say yes.

7. Say, "I was also reading this section 7 in the CTIA policy found on your website."

8. Read this aloud:

"Provide customers the right to terminate service for changes to contract terms. Carriers will not modify the material terms of their subscribers' contracts in a manner that is materially adverse to subscribers without providing a reasonable advance notice of a proposed modification and allowing subscribers a time period of not less than 14 days to cancel their contracts with no early termination fee."
9. Say to the rep:

"Losing my ability to be part of a class action lawsuit removes a legal right. Therefore, preventing me from being part of a class is an adverse effect. My bill says *This revision is effective immediately*. I was not provided a 14 day or greater period of time before this modification goes into effect. Therefore, the CTIA policy permits me to terminate service without an ETF due to the implementation of these changes."
10. If the rep argues that the arbitration change is not materially adverse, cite this:

"In Cunningham vs. Fleetwood Homes of Georgia, reported at page 611 of the third Federal Reporter, volume 253, the Eleventh Circuit Court of Appeals ruled that arbitration clauses are material terms to a contract.