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Question about contracts???

jhmlbrgr

Feb 17, 2004, 8:51 PM
I am going to set up a scenario and see what people think the policy will be, I am asking because I have no idea how this will be handled.

Scenario:


A customer had Cingular service and decided to port to ATTW because he was unhappy with Cinguar. Now what happens to this person that they are back with Cingular, the company that they thought they were getting away from??? Are they offered the option to break their contract without penalty since they sign a contract with ATTW not Cingular??? I am looking for some response here, because I am not sure what the legal implications are here.

I would think that any customers of ATTW who do not want to be Cingular customers would have to be let out of their contract since they singed a...
(continues)
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theDMan

Feb 17, 2004, 10:42 PM
Here's the official response that AT&T has given to its CCR's for this particular question. Customers will not be releasd from there contracts as per section 34 of terms and conditions of service.

34. Assignment. We may assign all or part of this Agreement, without notice to you, and such assignment will not be a change to the Agreement. We are then released from all liability. You may not assign this Agreement without our prior written consent.

https://www.attwireless.com/global/content/terms_of_ ... »

I dont necessarily agree with it but that's the line they are taking.
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tonynation

Feb 17, 2004, 11:13 PM
For the layman. In most terms and conditions of any service there are two separate clauses that say discern if the company changes names, owners, or the like, you are still bound to the original agreement. I can't think of any service that won't include that. The same thing would be true if your cable company was bought out... I think that people would be smart enough to realise that without changing providers.
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Trep72

Feb 17, 2004, 10:43 PM
This exact scenario was talked about all day today at our call center.

Based on totally unofficial info, as of right now, they are bound by the terms and conditions they agreed to when they started service (ported or non-ported).

Therefore, they will be required to pay the ETF.

As with ANYTHING in this industry....this could all change at any moment.
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