Arthur S. Alexion on Tue, 2 Jul 2002 08:33:00 -0400


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Re: [PLUG] Through cell phone to Internet - perpetual mobile contract


On Sunday 30 June 2002 10:42 pm, kaze wrote:
> Watch out, I have Cingular, and whenever you change or tweak your
> plan they restart the one year contract. I actually read the whole
> contract when I got it, but this was one of those additions they made
> later and sent with some junk mail. When I said I never agreed to
> renewing the contract they said that under PA law they could use my
> verbal agreement to the plan changes over the phone as contractually
> obligating. Also I believe for me to get out of it I have to notify
> them in writing just before the one year anniversary, then stop using
> the phone - otherwise it automatically renews for another year.
> Another frustrating thing is that not only can't you move numbers
> between networks, you can't always move perfectly good phones either.

Practical problems from a lawyer's perspective........

Though most of what you describe is not legally enforceable, its not 
like they are going to sue you (in which case they would probably 
lose).  Instead, they will mess up your credit record which (1) is a 
practical nightmare to correct, and (2) a new company reviewing your 
credit history may not like the fact that you knew your rights and 
stood up for them.

In the 1970s, Congress tried to address the credit history monster with 
the Fair Credit Reporting Act, but it doesn't work very well.  They 
need to do a better job, and while its not directly on the table these 
days, it could get fixed, indirectly through one of the 
internet/marketing privacy bills working their way around congress and 
some state legislatures.

-- 

_______________________________
Art Alexion
Arthur S. Alexion LLC
mailto:arthur@alexion.com
http://www.alexion.com

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