Your chance to get out of ATT contract with no ETF

Discussion in 'iPhone' started by chakraj, Mar 1, 2012.

  1. macrumors 65816

    chakraj

    Joined:
    Feb 6, 2008
    Location:
    So Cal
    #1
    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. :apple:
     
  2. Apple Expert, Mar 1, 2012
    Last edited: Mar 1, 2012

    macrumors 65816

    Joined:
    Jan 31, 2010
    #2
    Where do you see where you can get out of your ETF?
     
  3. macrumors 68000

    iphone1105

    Joined:
    Oct 8, 2009
    #3
    he didnt see it anywhere, he just plucked it from out of the air....
     
  4. macrumors Nehalem

    GoCubsGo

    Joined:
    Feb 19, 2005
    #4
    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
     
  5. thread starter macrumors 65816

    chakraj

    Joined:
    Feb 6, 2008
    Location:
    So Cal
    #5
    http://www.wireless.att.com/learn/articles-resources/wireless-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.
     
  6. macrumors Nehalem

    GoCubsGo

    Joined:
    Feb 19, 2005
    #6
    ^ 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. :D
     
  7. macrumors 65816

    Joined:
    Jan 31, 2010
    #7
    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?
     
  8. macrumors Nehalem

    GoCubsGo

    Joined:
    Feb 19, 2005
    #8
    Seriously? Who would have told you this?
     
  9. Moderator

    balamw

    Staff Member

    Joined:
    Aug 16, 2005
    Location:
    New England
    #9
    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
     
  10. macrumors G5

    jav6454

    Joined:
    Nov 14, 2007
    Location:
    1 Geostationary Tower Plaza
    #10
    This won't work.
     
  11. macrumors member

    Joined:
    Sep 19, 2010
    #11
    Just tried to cancel by calling 611. They recited the exact contract quote above.
    Sorry guys.
     
  12. macrumors regular

    Joined:
    Feb 8, 2008
    #12
    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)
     
  13. macrumors 68000

    pooleman

    Joined:
    Jan 11, 2012
    Location:
    Eastern CT
    #13
    Send this to "iPhone1105"
     
  14. macrumors 603

    scaredpoet

    Joined:
    Apr 6, 2007
    #14

    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....
     
  15. thread starter macrumors 65816

    chakraj

    Joined:
    Feb 6, 2008
    Location:
    So Cal
    #15
    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.
     
  16. macrumors 6502a

    AlphaVictor87

    Joined:
    Sep 7, 2011
    Location:
    Saint Louis, MO
    #16
    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.
     
  17. macrumors 603

    scaredpoet

    Joined:
    Apr 6, 2007
    #17
    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.
     
  18. macrumors 68020

    cyks

    Joined:
    Jul 24, 2002
    Location:
    Westchester County, NY
    #18
    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.
     
  19. iphone1105, Mar 1, 2012
    Last edited: Mar 1, 2012

    macrumors 68000

    iphone1105

    Joined:
    Oct 8, 2009
    #19
    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.
     
  20. macrumors 6502

    Joined:
    Oct 28, 2011
    #20
    :rolleyes:
     
  21. macrumors 604

    lordofthereef

    Joined:
    Nov 29, 2011
    Location:
    Boston, MA
    #21
    While true, he can pay the ETF with his earning and still be way ahead...
     
  22. macrumors 68020

    Joined:
    Jun 19, 2010
    Location:
    Connecticut
    #22
    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. :)
     
  23. macrumors 65816

    Joined:
    Mar 1, 2011
    #23
    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.
     
  24. macrumors member

    Joined:
    Aug 20, 2010
    #24
    Better call Saul!
     
  25. macrumors 68020

    sviato

    Joined:
    Oct 27, 2010
    Location:
    HR 9038 A
    #25
    I lol'd.


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

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