to Cellboob01
I jus wanted to call you out in a new thread to make sure you read it.
I dont work for cingular but i I just want to inform you that you F'D yourself by recording the call THEN posting it on a forum that you recorded the call.
IT WILL GET YOU NOWHERE
lol @ you.
I dont work for cingular but i I just want to inform you that you F'D yourself by recording the call THEN posting it on a forum that you recorded the call.
IT WILL GET YOU NOWHERE
lol @ you.
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Thanks Aux Abuse, I guess.
What are you calling me out with? Your opinion or facts? Please enlighten me how I, as you so eloquently put it, F'd myself.
Since you allready saw my previous thread, you probably are indeed aware that what I have done is legal by the laws of my state.
Also, since you have probably called a service line before, I'll fill you in on a little information you obviously do not have currently.
Whenever, you call a telephone line and the automated voice says that the call may be recorded as part of "quality control", there is implicit consent to allow the other party to record the telephone conversation.
Like I've said, I've dealt with this before.
If you want to discuss facts, that is fine. If you w...
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What are you calling me out with? Your opinion or facts? Please enlighten me how I, as you so eloquently put it, F'd myself.
Since you allready saw my previous thread, you probably are indeed aware that what I have done is legal by the laws of my state.
Also, since you have probably called a service line before, I'll fill you in on a little information you obviously do not have currently.
Whenever, you call a telephone line and the automated voice says that the call may be recorded as part of "quality control", there is implicit consent to allow the other party to record the telephone conversation.
Like I've said, I've dealt with this before.
If you want to discuss facts, that is fine. If you w...
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1. You are a reject of life and score an F in living for the simple fact you would record a phone call while on the phone with a wireless carrier.
2. You will never win in court . Even if you are one of the VERY FEW that do, its a big waste of time and you get nothing out of it but a big hassle. oh except out of your contract. (if thats worth going to court over then hey i pray nightly for people like you to die painfully)
3. Already is with one L not two.
one sided? yeah, very one sided.
Cingular now OWNS you.
now thats a FACT on how you F'D yourself.
2. You will never win in court . Even if you are one of the VERY FEW that do, its a big waste of time and you get nothing out of it but a big hassle. oh except out of your contract. (if thats worth going to court over then hey i pray nightly for people like you to die painfully)
3. Already is with one L not two.
one sided? yeah, very one sided.
Cingular now OWNS you.
now thats a FACT on how you F'D yourself.
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I agree......You can record the call all you want......doesn't do you any good. We are recorded all the time, Doesn't mean we have some big safe were we store all the recorded tapes. I can be recorded in the next 5 mins........then ask for the recording to be played back & guess what........IT'S MAGICALLY GONE!!!!!!
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N.C. Gen. Stat. § 15A-287: It is a Class H felony to intercept or disclose the contents of a wire, oral or electronic communication without the consent of at least one party to the communication, The statute defines wire communications to exclude the radio portion of a cordless telephone call that is transmitted between a cordless telephone handset and base unit. N.C. Gen. Stat. § 15A-287
what i get by this is ...
2 people on 2 different phones and a third party is recording the convo without consent from either.
AND
if im not mistaken, you giving consent to yourself does NOT count.
what i get by this is ...
2 people on 2 different phones and a third party is recording the convo without consent from either.
AND
if im not mistaken, you giving consent to yourself does NOT count.
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Actually, you are wrong. This statute states that, yes, it is illegal for a third party to record a communication. However, if one of the parties in said conversation record the call, it is perfectly legal. The second party can only end that conversation if they did not want to be recorded. That is why, in many states, the press is free to record the person they are interviewing without legal recourse. Also, the audio record he has will hold water as long as it is clear and unaltered. He also has to prove that it is a recording of that particular conversation, which can be very hard to do.
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I am glad that some people do in fact actually understand the law and not the dogma of the uninformed.
As for the quality of the recording it is very high quality. It is complete, unaltered, and timestamped.
Like I've said, I've had to deal with this before.
As for the quality of the recording it is very high quality. It is complete, unaltered, and timestamped.
Like I've said, I've had to deal with this before.
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Seems to me you were looking(hoping) for a problem to happen with your order based upon your initial act of recording the conversation. I really wish I had the kind of time and follow through to attempt such acts like these against large corporations(the man).
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Actually, he already had a problem when he recorded the conversation. He didnt record the first one, but he recorded the second when in which he already had a problem with his order as he clearly stated. 🙂
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HeroPsychoDreamer said:
Actually, he already had a problem when he recorded the conversation. He didnt record the first one, but he recorded the second when in which he already had a problem with his order as he clearly stated. 🙂
Oh c'mon man, you ain't buying this crap are you, think about this, there was no need to call and record anything.Its the same typical crap,in this case customer was quoted a price inadvertantly of a phone a 2 year price with 1 year contract, so he accepted that price, then he realized that price was a 2 year price, so he wanted to get someone on tape agreeing the price he was quoted was with a 1 year contract.
Its classic scam he wants the 2 year price and 1 year contract...
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Where in my paragraph do you come to the conclusion that I'm either siding with him or not? I was only clarifying something he had said.
Whether I believe his or not is my business and whether I do or not makes no difference so there's no need to cry crocodile over it.
I have no need to pull any sort of scam. I've got my service, I've got my phone, I'm happy.
Although it was quite amusing sending in a mail-in-rebate for my phone when it wasnt eligible for a rebate because I had already gotten it at the discounted price and actually receivng the rebate check for $70 from Cingular. I wasnt expecting to get it though, I just did it for the hell of it.
Thank You Cingular!
Whether I believe his or not is my business and whether I do or not makes no difference so there's no need to cry crocodile over it.
I have no need to pull any sort of scam. I've got my service, I've got my phone, I'm happy.
Although it was quite amusing sending in a mail-in-rebate for my phone when it wasnt eligible for a rebate because I had already gotten it at the discounted price and actually receivng the rebate check for $70 from Cingular. I wasnt expecting to get it though, I just did it for the hell of it.
Thank You Cingular!
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all they care about is the fact that you bought a new phone with a contract...they could care less what you buy the phone for, as it is up to the disgression of the retailer...so theoretically, they could give you the phone and rebate form, and you could make money off the deal..
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I bought the phone online and I found the form in Cingular's website. But it only said I was eligible if I payed $119 for the phone.
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You're an idiot. Did you even read his initial post? He said he knew he was paying the 1 year price but was put on a 2 year plan. He's trying to pay the one year price and be on a one year contract but Cingular put him on a 2 year one and sent him the wrong phone.
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My god Austin316 you are an ignorant, jaded fool.
You know I have always thought it isn't worth saying this on a board such as this but you are just plain mean AND ignorant. That is a deadly combination.
A) He was ALSO given the wrong phone, based on his expectations
B) He was also given features he did not request.
You don't bother to read, or just simply think everyone is out to screw Cingular and they are never to blame.
Your contributions are getting to be worthless.
You know I have always thought it isn't worth saying this on a board such as this but you are just plain mean AND ignorant. That is a deadly combination.
A) He was ALSO given the wrong phone, based on his expectations
B) He was also given features he did not request.
You don't bother to read, or just simply think everyone is out to screw Cingular and they are never to blame.
Your contributions are getting to be worthless.
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Day late and a dollar short. Since you are jumping into two thread w/o reading one you don't realize he only recorded a call AFTER he was given significant amounts of misinformation on a preceding unrecorded call. He was protecting himself given the fact that he was screwed the first time around.
Lemmings.
Lemmings.
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Two words.... Punitive Damages.
Have you ever heard of them? The Ford Pinto is a good example. Back in the '70s, Ford had a problem with the gas tank location. They figured it'd be cheaper to just pay the benefits to burn victims and people that died in crashes than to actually fix the problem of the car. Ford estimated it would cost them $49.5 million to pay the benefits. Ford was sued, and a jury awarded actual damages to the injured party, along with $125 million in punitive damages. They're sort of like a fine, and a warning to other companies not to try such deceptive practices. It'd be interesting if a jury would force Cingular to pay punitive damages for the stuff that happened to Cellboob01. I'm sure it's happened before a...
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Have you ever heard of them? The Ford Pinto is a good example. Back in the '70s, Ford had a problem with the gas tank location. They figured it'd be cheaper to just pay the benefits to burn victims and people that died in crashes than to actually fix the problem of the car. Ford estimated it would cost them $49.5 million to pay the benefits. Ford was sued, and a jury awarded actual damages to the injured party, along with $125 million in punitive damages. They're sort of like a fine, and a warning to other companies not to try such deceptive practices. It'd be interesting if a jury would force Cingular to pay punitive damages for the stuff that happened to Cellboob01. I'm sure it's happened before a...
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Well, the mandatory arbitration provisions of the T&C would pretty much make sure it didn't come to a jury, however if the arbitrator had recordings admitted into the proceedings that did indicate a pattern of deception and/or errors on the part of Cingular, I'd say he has a pretty good chance of getting out of the contract and might get a settlement for the amount of time and aggravation spent on the issue. It wouldn't be millions of dollars or anything... It seems to me, though, that one good care rep could fix this in a heartbeat, if it were TMo I could find several good solutions to the problem right now, and my sup could find a couple more--we gots the powah! 😉
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I am pretty sure in saying that fixing the problem is not a problem at all. We can change the contract, take the feature off the account and charge him what he expected for the phone and ship him the correct phone when its available. All these things are simple.
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JephMan said:
I am pretty sure in saying that fixing the problem is not a problem at all. We can change the contract, take the feature off the account and charge him what he expected for the phone and ship him the correct phone when its available. All these things are simple.
Which is pretty much my point--why spend all the time and effort arguing over it when simple good business sense says fix the problem now, save the customer while he's still in buyer's remorse and gain the goodwill of an articulate, aware consumer who is VERY likely to be vocal about his experiences with the company.
Just trying to be the voice of reason cryin' in the wilderness... 😉
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From what i got reading the 50k messages about this is this.... He is hell bent on the whole situation, feels like he has been mislead, cheated and even a little molested. I don't think resolving his situation is his main cause at this point. I think announcing to the world that he has been wronged and cheated and he has proof is his crusade. But we as humans seem to have to fuel his fire and keep responding over and over to the same stuff 😁
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JephMan said:
From what i got reading the 50k messages about this is this.... He is hell bent on the whole situation, feels like he has been mislead, cheated and even a little molested. I don't think resolving his situation is his main cause at this point. I think announcing to the world that he has been wronged and cheated and he has proof is his crusade. But we as humans seem to have to fuel his fire and keep responding over and over to the same stuff 😁
And that may be so, but if I've learned anything from talking to 75-100 people per day for the past five years I've been doing call center work, it's that people almost always start out just wanting stuff fixed and the more resistance they get to what...
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Then you haven't read or understood.
His situation is yet to be resolved. Until it is resolved he, or any reasonable consumer, is going to stay on the defensive. Why should he trust someone to fix the problem when he couldn't trust them to do the right thing in the first place.
He has every right to be upset. I just hope the issue is rersolved so he can let it go. My opinion is that he will let it go if it is fixed in a reasonable time period.
His situation is yet to be resolved. Until it is resolved he, or any reasonable consumer, is going to stay on the defensive. Why should he trust someone to fix the problem when he couldn't trust them to do the right thing in the first place.
He has every right to be upset. I just hope the issue is rersolved so he can let it go. My opinion is that he will let it go if it is fixed in a reasonable time period.
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If he didn't agree to the T&C, he is not bound to the mandatory arbitration provisions. I don't think he signed them since it's implicitly signed when he activated the phone, which came activated. I think he will be able to take it to a jury, if it went that far.
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Wait, I'm confused. So somebody bumped this guy and his ass caught on fire? That'll teach me to start reading from the middle.
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Hahaha. Nah, I was giving an example about what Punitive damages are. The Ford Pinto story was just an example.
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Aux Abuse, is your name Will by chance? 🤣 If so, why did you lie to me?
I honestly do not know where to begin. Judging by your steady exhibition of being unable to express yourself in a mature manner, I'm assuming your a child. Whether that is physically, mentally, or both I am unsure.
Furthermore, your longing for the deaths of others over such matters further reveals your immaturity and the callousness of your heart. If you do truely believe that, and I hope you do not, I feel sorry you. Perhaps once you expeirence death on a more personal level you will be hesitant to make such foolish comments.
Also, I would suggest studying a bit harder. It appears that your reading comprehension skills are not up to par. There are ...
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I honestly do not know where to begin. Judging by your steady exhibition of being unable to express yourself in a mature manner, I'm assuming your a child. Whether that is physically, mentally, or both I am unsure.
Furthermore, your longing for the deaths of others over such matters further reveals your immaturity and the callousness of your heart. If you do truely believe that, and I hope you do not, I feel sorry you. Perhaps once you expeirence death on a more personal level you will be hesitant to make such foolish comments.
Also, I would suggest studying a bit harder. It appears that your reading comprehension skills are not up to par. There are ...
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Another moron rears their head.
Talk about doing something with no point. You say there is no point in going to court yet you waste your time calling out someone who probably doesn't give a cent about who you are and what you think.
Talk about doing something with no point. You say there is no point in going to court yet you waste your time calling out someone who probably doesn't give a cent about who you are and what you think.
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Here's the deal on recording calls as I've understood it.
Every time you call in, the auto-line say your call may be recorded. By staying on the line and continuing your call, you give your consent to being recorded.
Legally, if anyone is recording a call, they MUST inform the other party at the beginning of the call, and the party being recorded must give their consent.
As a corporation, Cingular does not give thier consent to be recorded by other parties. If a customer says they are recording the call, the reps is supposed to inform the customer that they do not have the company's consent to do so, and release the call.
Should you take this recording into court, it will not be admitted as valid evidence for multiple reasons:
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Every time you call in, the auto-line say your call may be recorded. By staying on the line and continuing your call, you give your consent to being recorded.
Legally, if anyone is recording a call, they MUST inform the other party at the beginning of the call, and the party being recorded must give their consent.
As a corporation, Cingular does not give thier consent to be recorded by other parties. If a customer says they are recording the call, the reps is supposed to inform the customer that they do not have the company's consent to do so, and release the call.
Should you take this recording into court, it will not be admitted as valid evidence for multiple reasons:
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Yep, that's how I remember it being it explained to me. Oh yeah, in my other life most of my clients are lawyers. Go figure.
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Yeah, pretty comical.
Anyone who would take the time to record a transaction w/less than $500 at risk ... is someone just looking for a problem. Then to top it off, same individual chooses to waste hours in documenting a triviality.
Intentionally devious sales reps must exist somewhere, but they've mostly graduated to selling aluminum siding, so they can score in the thousands, not pennies. And she'd need to be completely stupid, or destitute. She SHOULD be perceptive enough to recognize, simply from the tone of conversation, that a particular customer has permanantly twisted shorts. I very much doubt there was any premeditation, Your Honor, rather simple ineptitude!
Since the customer in question has so many legal quotations at the...
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Anyone who would take the time to record a transaction w/less than $500 at risk ... is someone just looking for a problem. Then to top it off, same individual chooses to waste hours in documenting a triviality.
Intentionally devious sales reps must exist somewhere, but they've mostly graduated to selling aluminum siding, so they can score in the thousands, not pennies. And she'd need to be completely stupid, or destitute. She SHOULD be perceptive enough to recognize, simply from the tone of conversation, that a particular customer has permanantly twisted shorts. I very much doubt there was any premeditation, Your Honor, rather simple ineptitude!
Since the customer in question has so many legal quotations at the...
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I see.
While I'm glad that money is a luxury to you, it is not to me, nor will it ever be regardless of the total summation of my accounts. Building wealth is not achieved by wasting money.
If it's your contention the representative made a mistake, that simply is not possible. I have clearly articulated that numerous times and encourage you, if interested, to review my comments.
Lastly, I am not a dropout of any sort. Why you choose to mock me, and poorly at that, because I am educated and informed of my rights and willing to exert those rights I do not understand.
Of course, it is always easier to blame the victim, unless of course, you are the victim.
Kudos to you and your acceptance of the status quo. A lesser man would...
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While I'm glad that money is a luxury to you, it is not to me, nor will it ever be regardless of the total summation of my accounts. Building wealth is not achieved by wasting money.
If it's your contention the representative made a mistake, that simply is not possible. I have clearly articulated that numerous times and encourage you, if interested, to review my comments.
Lastly, I am not a dropout of any sort. Why you choose to mock me, and poorly at that, because I am educated and informed of my rights and willing to exert those rights I do not understand.
Of course, it is always easier to blame the victim, unless of course, you are the victim.
Kudos to you and your acceptance of the status quo. A lesser man would...
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I'm still waiting for the bottom line... Is it, "I just want my money back and the account closed", or is there some kind of retribution you're expecting on top of this?
And BIGBOOB: Unless you are typing on a TRS-80 turn the cap lock off...
And BIGBOOB: Unless you are typing on a TRS-80 turn the cap lock off...
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Yes DCA, currently that is my bottom line.
I want to return the phone and have my money refunded. I was looking for no hidden deal or compensation.
I simply wanted to receive the phone I had ordered at the price I was quoted.
Currently, I'm waiting for a RMA label and should be receiving my refund once the phone is returned.
Hopefully that will be a painless process.
I want to return the phone and have my money refunded. I was looking for no hidden deal or compensation.
I simply wanted to receive the phone I had ordered at the price I was quoted.
Currently, I'm waiting for a RMA label and should be receiving my refund once the phone is returned.
Hopefully that will be a painless process.
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Oh, so now we're resorting to name-calling? wow, I didn't think I'd ever see people in this forum drooping so low as to do that, especially as irrationally you have been treating cellboob.
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The farthest this would go, if he chose to pursue it to cout, would be small claims cout. And in that case, the court costs would be more then the ETF if he were to just cancel his service. Not to mention all the time and hassel it would cause. And the conversation that he took the time to record and then complain about on websites, would be inadmissible in court! What a waste of time in my oppinion!
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I appreciate those who took the time to read what I have written and understand the situation I was in and hopefully my resolution to it.
Just wanted to say that.
Just wanted to say that.
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Yeah, I see a lot of hat directed at your general direction.
It probably because we rep types spend a lot of time fighting with stupid, stupid, unreasonable people over the stupid, stupid, unreasonable things they want. We would like to tell them to go to Hell, but realizing that our cruel masters at Cingular would not enjoy that, hold our tongues.
But here, online we can release those desires and tell any poor customer off. It's our venting process. Otherwise some of us might spontaneously combust. I'v seen it happen twice, it's not pretty and you'll never get that smell out of the cubicle. Doesn't mean it's right, given that it looks like you really got jerked around by my silly company, but it's how it is.
We're not only t...
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It probably because we rep types spend a lot of time fighting with stupid, stupid, unreasonable people over the stupid, stupid, unreasonable things they want. We would like to tell them to go to Hell, but realizing that our cruel masters at Cingular would not enjoy that, hold our tongues.
But here, online we can release those desires and tell any poor customer off. It's our venting process. Otherwise some of us might spontaneously combust. I'v seen it happen twice, it's not pretty and you'll never get that smell out of the cubicle. Doesn't mean it's right, given that it looks like you really got jerked around by my silly company, but it's how it is.
We're not only t...
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