TELECOM Digest OnLine - Sorted: Re: Cell Phone ATT

Re: Cell Phone ATT

Robert Bonomi (bonomi@host122.r-bonomi.com)
Mon, 21 Mar 2005 04:02:39 -0000

In article <telecom24.123.2@telecom-digest.org>,
<absmith3@hotmail.com> wrote:

> I have an ATT contract dated in Oct- 2004- before Cingular bought ATT.
> Now Cingular is saying that I owe it $170 for cancellation fee if I
> tranfer service to Verizon.

> My contract was with ATT and I never signed anything with
> Cingular. So, looks like the ATT contract is shakey at best.

*READ* the contract. Dollars to donuts, it expressly says that they
_can_ "assign" it, without affecting _your_ liabilities. If the
contract is silent on the issue, then by long-standing principle,
either party can assign their interest to 'somebody else'. The only
time that is disallowed is if the contract explicitly states that (a)
no assignment is allowed, or (b) that assignment is allowed *only*
with the consent of the opposite party in the contract.

Thus, _unless_ the contract specifically states that they cannot
assign it without your consent, you =are= liable for the termination
fee in the contract you signed.

A question -- putting the shoe on the other foot -- what would your
attitude have been if Cingular had just turned off your phone, without
any notice or warning, on the day their purchase became effective?
I'll _bet_ that you would have been screaming "breach of contract",
threatening lawsuits, etc., etc.

Well, contract commitments work _both_ ways. If they're compelled to
provide you service under that contract, you are required to pay the
early termination fee, if you cancel before the full term.

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