Cingular WIreless - Cingular - GSM Text Message Rate Hike, Lest Dropped Calls ripoff Atlanta Georgia

Cingular's terms of service clearly state they can change their rates - which they have, then upon the notification of their rate change, the customer may terminate their account without paying the early termination fee. Yet Cingular is not allowing theri customers to cancel - they are telling their customers that the contract is not correct. This is lieing, and cheating people out of their consumer rights.

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Cancel your contract while you still can without paying an ETF, due to Cingular violating their side of your contract.

Did you notice the insert in your bill notifying you that your text messaging rates are going up from .10 to .15 both sent and recieved.

Well I sure did. I also realized this is a violation of the terms of service in the contract (which Cingular makes you sign/agree to when you begin your service with Cingular). Therefore I called customer service, and explained this to them. After they did not understand what I was talking about I was escalated to a manager who cancelled my contract/account. The contract states:

IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR RATE PLAN BROCHURE, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR WARTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR EQUIPMENT, OR OTHERWISE) AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE.

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To anyone who may be confused, and think that Cingulars contract is contradictory, it is not. It simply states the following.

1st they say.

We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. - which they successfully did pay-per-use texting went from .10 to .15 per message
We will provide you with notice of such changes either in your monthly bill or separately." - which they also successfully did in the bill.

then next they say this..

IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE - which they did (and via the statement above they are allowed to do, and they will even be nice and provide you a notice about the rate change.

Then as a customer (who signed the contract) is eligable to do this due to the fact that they changed their fees and provided you a notice.

YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS - since Cingular has changed their rates which they contract clearly states they can do it at any time, and they did provide a notice; this part of the contract states that when they change the rates, and provide a notice we are allowed to cancel without penalisation (as a customer).


(My argument to let me out)

Because, if you can cancel PPU text messaging, you can obviously re-activate, or subscribe to it. Thus, PPU texting is indeed a subscription service, since it's a service that can be cancelled. I know that might seem confusing, but it all hinges on the English language.

Subscribe and cancel are antonyms. For one to apply to a noun, such as "service," the other must also be able to apply. Cingular can't say that PPU texting can be cancelled without aknowledging that it can be activated. If it's activated and you are enjoying the state of being able to use PPU texting, you are in essence subscribing to this.

Finally, if they refuse to bend to this logic, ask them to explicitly show you in print Cingular's definition of a subscription. Chances are they won't, and if they can't, don't take "It's Cingulars perspective not to consider texting a subscription..." as gospel, since they have no legal or material proof to back this up.Because, if you can cancel PPU text messaging, you can obviously re-activate, or subscribe to it. Thus, PPU texting is indeed a subscription service, since it's a service that can be cancelled. I know that might seem confusing, but it all hinges on the English language.

Subscribe and cancel are antonyms. For one to apply to a noun, such as "service," the other must also be able to apply. Cingular can't say that PPU texting can be cancelled without aknowledging that it can be activated. If it's activated and you are enjoying the state of being able to use PPU texting, you are in essence subscribing to this.

Finally, if they refuse to bend to this logic, ask them to explicitly show you in print Cingular's definition of a subscription. Chances are they won't, and if they can't, don't take "It's Cingulars perspective not to consider texting a subscription." as gospel, since they have no legal or material proof to back this up.


Messaging, Downloads & MEdia Net: Text /Instant Messaging and MEdia Net are automatically included at no monthly charge. Just pay as you use. You may remove these services at any time by contacting customer service. There is a charge per message sent or received, whether read or unread, solicited or unsolicited. If you cancel the Text /Instant Messaging service, you will not be able to send and receive messages, but Cingular does not guarantee all incoming messages will be blocked. MEdia Net usage is billed in full-kilobyte increments, and actual transport usage is rounded up to the next full kilobyte at the end of each session.

Your account balance must be at least $5 to use Media Net, Instant Messaging, and Multimedia Messaging Services or to download ringtones, games and graphics. MEdia Net usage is required to download ringtones, games and graphics and to send and receive multimedia messages. In some cases our network will resend data packets to ensure complete delivery. You will be billed for these resent packets. Certain advanced features are not available. All screen images are simulated. See the MEdia brochure or cingular.com/media/terms for details. Your use of text/instant messaging, multimedia messaging, MEdia Net, and downloads acknowledges your agreement to these terms. proves it is a subscription.

Call Rochelle Cohen if you do not succeed in canceling your contract.

Public policy initiatives, regulatory and legislative issues
Rochelle Cohen
Senior Director Media Relations
202-419-3007 (office)
202-341-5967 (wireless)
Email: rochelle.cohen@cingular.com

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Anyplace, Virginia
U.S.A.

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