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Old Mar 1, 2012, 12:15 PM   #1
chakraj
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Your chance to get out of ATT contract with no ETF

Since ATT is changing its policies toward throttling data, this is your chance to cancel your contract with no ETF.

Just call and tell them they are making wholesale changes to your contract and you would like to be released from said contract with NO ETF.

You have thirty days from being notified of a change to cancel.
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Old Mar 1, 2012, 12:24 PM   #2
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Where do you see where you can get out of your ETF?

Last edited by Apple Expert; Mar 1, 2012 at 12:30 PM.
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Old Mar 1, 2012, 12:28 PM   #3
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Originally Posted by Apple Expert View Post
Where do you see where you can get out of your EFT?
he didnt see it anywhere, he just plucked it from out of the air....
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Old Mar 1, 2012, 12:29 PM   #4
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Originally Posted by iphone1105 View Post
he didnt see it anywhere, he just plucked it from out of the air....
No he is not just plucking it out of the air. This is a very plausible way to get out of your contract. The same holds true if you move and they don't have service in that area.

Worth a read:
http://www.ecommercetimes.com/story/66714.html
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Old Mar 1, 2012, 12:33 PM   #5
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http://www.wireless.att.com/learn/ar...less-terms.jsp

1.3

IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE'LL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR DEVICE, 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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Old Mar 1, 2012, 12:38 PM   #6
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^ I'm always amused when people who have cell phones have no idea what their contracts say. I rely heavily on the same people who don't read contracts to keep me employed. It's a wonderful thing.
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Old Mar 1, 2012, 12:40 PM   #7
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As much as I would like to believe this is true, I don't think data plans are part of contracts. They are treated like features, so I've been told?
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Old Mar 1, 2012, 12:41 PM   #8
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Originally Posted by Apple Expert View Post
As much as I would like to believe this is true, I don't think data plans are part of contracts. They are treated like features, so I've been told?
Seriously? Who would have told you this?
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Old Mar 1, 2012, 12:45 PM   #9
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While this might potentially work, I don't see the required price or geographical area change in the new policy. Am I missing something? (Especially since this would actually be an increase in service for some who were throttled as top 5% last month)?!?

B
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Old Mar 1, 2012, 12:49 PM   #10
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This won't work.
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Old Mar 1, 2012, 01:01 PM   #11
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Just tried to cancel by calling 611. They recited the exact contract quote above.
Sorry guys.
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Old Mar 1, 2012, 01:11 PM   #12
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maybe

follow my link below, few articles there on how to cancel without paying etf, but no, not easy, nor guaranteed to work

ps: congrats to all of you who fought attFail & got them to change their policy! (sorry, trolls, you were wrong)
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Old Mar 1, 2012, 01:13 PM   #13
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Originally Posted by magicbrain View Post
follow my link below, few articles there on how to cancel without paying etf, but no, not easy, nor guaranteed to work

ps: congrats to all of you who fought attFail & got them to change their policy! (sorry, trolls, you were wrong)
Send this to "iPhone1105"
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Old Mar 1, 2012, 01:17 PM   #14
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Quote:
Originally Posted by chakraj View Post
1.3

IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE'LL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR DEVICE, 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.

The paragraph you quote in the contract says nothing about throttling policies. This change does not increase the price of existing plans, nor does it geographically decrease your coverage. This paragraph is not grounds for getting out of your ETF.

There MIGHT be an "adverse negative material impact" clause somewhere else, but arguably, your chance to get out of your ETF expired about a month after the throttling policy was first put in place. If you stuck around, then this is technically an "improvement," and not an ETF-freeing event.

Of course the small claims court option might still be open....
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Old Mar 1, 2012, 01:38 PM   #15
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You are required to either have mediation or go to small claims court, that is spelled out plainly in the contract. While I do read this the same as you, I believe we are in a grey area here, I believe they are materially decreasing your geographic area of your service by limiting your throughput on their whole network.

You can not claim that a un throttled user and a throttled user have the same service covering the same geographic area.

Now I am not saying anywhere that this is an easy argument to win or that it is the only argument, I am just saying this is what I believe to be a valid argument to use. Thats why they have judges, for when people dis agree to the terms of a contract and need a third party to help make the decision.
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Old Mar 1, 2012, 01:44 PM   #16
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Quote:
Originally Posted by scaredpoet View Post
The paragraph you quote in the contract says nothing about throttling policies. This change does not increase the price of existing plans, nor does it geographically decrease your coverage. This paragraph is not grounds for getting out of your ETF.

There MIGHT be an "adverse negative material impact" clause somewhere else, but arguably, your chance to get out of your ETF expired about a month after the throttling policy was first put in place. If you stuck around, then this is technically an "improvement," and not an ETF-freeing event.

Of course the small claims court option might still be open....
I agree that it's not grounds to get out ETF free based on this throttling issue.

However it is a nice piece of information to know in case AT&T happens to bump your price in a bill for some reason.

For example i'm not sure how they will handle my contract once i renew next time because i still have the 2GB plan, and now they only carry the 3GB and 5GB plans.
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Old Mar 1, 2012, 01:48 PM   #17
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Quote:
Originally Posted by chakraj View Post
I believe they are materially decreasing your geographic area of your service by limiting your throughput on their whole network.
You can not claim that a un throttled user and a throttled user have the same service covering the same geographic area.
Actually, you can. Bandwidth isn't geography. You can still use data throughout the entire AT&T network. What's changed is that it's abysmally slow after a certain level of usage.

AT&T has never guaranteed a minimum data speed, in their contract or otherwise. there's lots of marketing puffery about how fast things are, but you'll not that actual numbers are never quoted anywhere.
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Old Mar 1, 2012, 01:54 PM   #18
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Quote:
Originally Posted by chakraj View Post
Since ATT is changing its policies toward throttling data, this is your chance to cancel your contract with no ETF.

Just call and tell them they are making wholesale changes to your contract and you would like to be released from said contract with NO ETF.

You have thirty days from being notified of a change to cancel.
Quote:
Originally Posted by chakraj View Post
You are required to either have mediation or go to small claims court, that is spelled out plainly in the contract. While I do read this the same as you, I believe we are in a grey area here, I believe they are materially decreasing your geographic area of your service by limiting your throughput on their whole network.

You can not claim that a un throttled user and a throttled user have the same service covering the same geographic area.

Now I am not saying anywhere that this is an easy argument to win or that it is the only argument, I am just saying this is what I believe to be a valid argument to use. Thats why they have judges, for when people dis agree to the terms of a contract and need a third party to help make the decision.
The title of the thread and your starting post suggests that it is an easy argument to win.

While it *might* be an option in small claims court, it should also be noted that the one person who did take them to court didn't get out of his ETF. He was simply awarded the estimated overages he'd receive over the duration of his contract.
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Old Mar 1, 2012, 03:10 PM   #19
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Quote:
Originally Posted by jessica. View Post
No he is not just plucking it out of the air. This is a very plausible way to get out of your contract. The same holds true if you move and they don't have service in that area.

Worth a read:
http://www.ecommercetimes.com/story/66714.html
Yeah, all well and good, but no where is it stated in writing or anything that this is the case,for OP's topic thats all I am saying Jess.
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Old Mar 1, 2012, 07:36 PM   #20
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Originally Posted by iphone1105 View Post
Yeah, all well and good, but no where is it stated in writing or anything that this is the case,for OP's topic thats all I am saying Jess.
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Old Mar 1, 2012, 07:40 PM   #21
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Quote:
Originally Posted by cyks View Post
The title of the thread and your starting post suggests that it is an easy argument to win.

While it *might* be an option in small claims court, it should also be noted that the one person who did take them to court didn't get out of his ETF. He was simply awarded the estimated overages he'd receive over the duration of his contract.
While true, he can pay the ETF with his earning and still be way ahead...
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Old Mar 1, 2012, 08:27 PM   #22
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Originally Posted by AlphaVictor87 View Post
I agree that it's not grounds to get out ETF free based on this throttling issue.

However it is a nice piece of information to know in case AT&T happens to bump your price in a bill for some reason.

For example i'm not sure how they will handle my contract once i renew next time because i still have the 2GB plan, and now they only carry the 3GB and 5GB plans.
You'll be grandfathered, as will I. Loving the 2GB plan that's eligible for FAN, and I can tether off of and not get kicked off of.
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Old Mar 1, 2012, 08:43 PM   #23
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Where are all you folks gonna go instead?

Verizon and get 2GB for $30 when you can get 3GB for the same price at AT&T.

Sprint and their unlimited data where the data speeds are beyond horrible.

I believe you'll probably stay right where you already are. Just suck it up and take it. You don't have any other options.
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Old Mar 1, 2012, 09:05 PM   #24
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Better call Saul!
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Old Mar 1, 2012, 10:51 PM   #25
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Better call Saul!
I lol'd.


Also OP it doesn't matter what you "believe", it's unlikely that this will work.
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