AT&T's new 20 month upgrade policy, materially adverse?

[cyks]

No where, but that's not the point. The question is whether or not this change is a materially adverse change to the contract, thereby giving the OP an out to the contract without incurring an ETF.

I'm not sure if the term "materially adverse" has been thrown around on the message boards, and hence the OP's familiarity, but it is a legal term of art and there are many cases on it.

I would say that it is materially adverse, but you are going to have a hard time explaining this to a store manager let alone a sales rep. You would have to go all the way to corporate, to someone who understands this term/legal question, and even then you would have to convince them it is MA.

Could the OP point to the MAC in the contract?

I don't recall AT&T's upgrade policy ever being printed or used as a sales incentive. More often than not, it was used and considered a bonus, an extra, rather than something guaranteed.

That said, even if the OP were able to prove that it was materially adverse, the change occurred months ago. If they wanted to get out of the contract with no ETF, that would have been the time to do so. By waiting and not doing anything within a timely manner, they (for all intents) agreed to the new terms.


At the end of the day, regardless of what the sales people say and ignoring what AT&T may (or may not) have done historically, all that matters is what's printed on the contract the OP signed... the one that says 2 years, no early upgrades.

 

[thewitt]

So I just learned that the people at AT&T changed their upgrade policy for high revenue accounts to not let them have phones ever 12 months. Considering Apple comes out with a new phone every year this is completely unacceptable to me and from an economic standpoing beyond absurd considering they were charging a huge surplus year to year compared to just using their own pre-paid plan and buying your own phone with their 12 month upgrade program already. Now their deal is nothing short of a swift kick in the face and completely insulting.

To make a long story short I will cancel my account with them when it comes time to upgrade in December. I beleive I still have a year left on my contract at that point. Would it be possible to use this change as a materially adverse change to cancel my contract without an ETF at that point?

Just drop the subsidy and buy them outright

 

[Radiating]

Well said.
A man that doesnt honor his word or his signature is not a man IMO.
And like scarface said, "All I got in this world is my b***s and my word and I don't break either of 'em for nobody!"

My agreement with AT&T was that I'd let them price gouge me for $1000 per year over their competitor's 100% identical product (5GB 4G HSPA+ which is only available in my area) and they would pay me $450 per year when I did my yearly iPhone upgrade and I wouldn't have to deal with porting/jailbreaking/unlocking my phone, which between having no guarantee of all the features such as data and tethering working and having to wait for months after the release date to get the phone and the time invested I considered it even.

AT&T decided that a race to the bottom was nessesary with other carriers and broke THEIR sacred established bond with me where I let them price gouge and they give me hassle free brand new iPhones on launch day.

As far as I'm concerned AT&T clearly has no honor (which few corporations do) and they are completely undeserving of having any favor returned. They are the sort of people who will use any means nessesary which isn't barred by law to make a few extra bucks. At any cost. And their moral concience is the first cost that is cut in their world.

So no. I feel no symapthy nor obligation AT&T any more than I feel any obligation to a pile of rocks.

 

[Big.Mac.Daddy]

My agreement with AT&T was that I'd let them price gouge me for $1000 per year over their competitor's 100% identical product (5GB 4G HSPA+ which is only available in my area) and they would pay me $450 per year when I did my yearly iPhone upgrade and I wouldn't have to deal with porting/jailbreaking/unlocking my phone, which between having no guarantee of all the features such as data and tethering working and having to wait for months after the release date to get the phone and the time invested I considered it even.

AT&T decided that a race to the bottom was nessesary with other carriers and broke THEIR sacred established bond with me where I let them price gouge and they give me hassle free brand new iPhones on launch day.

As far as I'm concerned AT&T clearly has no honor (which few corporations do) and they are completely undeserving of having any favor returned. They are the sort of people who will use any means nessesary which isn't barred by law to make a few extra bucks. At any cost. And their moral concience is the first cost that is cut in their world.

So no. I feel no symapthy nor obligation AT&T any more than I feel any obligation to a pile of rocks.

I'll make sure to never do business with you

You seem like the type that buys something, finds it cheaper elsewhere, then complains that you are getting price gouged.

That's not price gouging, that's simply you not doing you homework on comparable services in your area and getting mad at someone else for you making a mistake by signing a contract.

 

[ixodes]

Well said.
A man that doesnt honor his word or his signature is not a man IMO.
And like scarface said, "All I got in this world is my b***s and my word and I don't break either of 'em for nobody!"

Excellent post.

Well said, it's just business.

 

[Radiating]

I'll make sure to never do business with you

You seem like the type that buys something, finds it cheaper elsewhere, then complains that you are getting price gouged.

That's not price gouging, that's simply you not doing you homework on comparable services in your area and getting mad at someone else for you making a mistake by signing a contract.

Well that's your choice but my business has over 1000 positive customer reviews without a single negative one in 10 years.

If I had a customer who I had under contract I would never start changing my policy for the specific purpose of padding my bottom line and screwing my customers into a 15% price hike. This is what AT&T is doing and it's unacceptable and I hope I'm not the only one who thinks this is bad.

To be very clear, I would never have entered into the contract in the first place if I knew that AT&T would make materially adverse changes to it mid way through. That's why there are laws specifically forbidding companies from doing just that.

 

[thewitt]

To be very clear, I would never have entered into the contract in the first place if I knew that AT&T would make materially adverse changes to it mid way through. That's why there are laws specifically forbidding companies from doing just that.

If AT&T has actually violated their contract with you - and I highly doubt that - sue them. I'm sure your company lawyers are smart enough to figure that out, and much smarter than a bunch of forum posters...

 

[ucfgrad93]

Can't believe some people think that they should get a $450 subsidy every year on a new phone because they are somehow 'special'. You signed the contract and knew what you were getting into from the beginning. Don't go crying now just because AT&T was nice to you in the past and made a one time exception.

Well said, and I agree completely.

 

[TonyC28]

Wirelessly posted



The problem is AT&T, Apple, and the rest don't sell off contract phones on launch day. This is what really chaps me. I see no reason why I shouldn't be able to purchase a phone for the unsubsidized rate at the same time everyone else is getting their phones subsidized. Usually about 30 days later, the off contract price is available.

So if I want to pay full price for the new iPhone and not sign a new contract I can't do that on launch day?

 

[Applejuiced]

So if I want to pay full price for the new iPhone and not sign a new contract I can't do that on launch day?

Most likely you could.
I got one from AT&T full price last year and the year before.
Apple sells them too.

 

[ucfgrad93]

My agreement with AT&T was that I'd let them price gouge me for $1000 per year over their competitor's 100% identical product (5GB 4G HSPA+ which is only available in my area) and they would pay me $450 per year when I did my yearly iPhone upgrade and I wouldn't have to deal with porting/jailbreaking/unlocking my phone, which between having no guarantee of all the features such as data and tethering working and having to wait for months after the release date to get the phone and the time invested I considered it even.

AT&T decided that a race to the bottom was nessesary with other carriers and broke THEIR sacred established bond with me where I let them price gouge and they give me hassle free brand new iPhones on launch day.

As far as I'm concerned AT&T clearly has no honor (which few corporations do) and they are completely undeserving of having any favor returned. They are the sort of people who will use any means nessesary which isn't barred by law to make a few extra bucks. At any cost. And their moral concience is the first cost that is cut in their world.

So no. I feel no symapthy nor obligation AT&T any more than I feel any obligation to a pile of rocks.

If AT&T is that bad, then you can leave them and go someplace else. Both Verizon & Sprint sell the iPhone.

 

[ThatsMeRight]

So I just learned that the people at AT&T changed their upgrade policy for high revenue accounts to not let them have phones ever 12 months. Considering Apple comes out with a new phone every year this is completely unacceptable to me and from an economic standpoing beyond absurd considering they were charging a huge surplus year to year compared to just using their own pre-paid plan and buying your own phone with their 12 month upgrade program already. Now their deal is nothing short of a swift kick in the face and completely insulting.

To make a long story short I will cancel my account with them when it comes time to upgrade in December. I beleive I still have a year left on my contract at that point. Would it be possible to use this change as a materially adverse change to cancel my contract without an ETF at that point?

You signed a 24-month contract. It is only an extra service if a carrier lets you upgrade after only 12 months.

 

[Dweez]

I found this thread entertaining, and almost humorous at times.

 

[racer1441]

You signed a contract agreeing to some terms and conditions. A responsible adult honors the contract and takes whatever freebies (like the now obsolete 12-month full upgrade) they can get to maximize the number of dollars in their pocket. It's quite childish to weasel out by calling 3-4 times a day.

You believe what you believe, I'll sit here with my cash.

----------

It's means being a complete and total ****** to the people on the other end of the phone who are simply doing their job because you don't think the rules apply to you.

It works, so don't knock it.

 

[TG1]

At least AT&T offers early upgrade pricing for those that want the phone early. At Verizon it's full price only.

 

[JayLenochiniMac]

As far as I'm concerned AT&T clearly has no honor (which few corporations do) and they are completely undeserving of having any favor returned. They are the sort of people who will use any means nessesary which isn't barred by law to make a few extra bucks. At any cost. And their moral concience is the first cost that is cut in their world.

Again, name a carrier that still provides full upgrades every 12 months or are you saying none of the carriers have any honor.

No where, but that's not the point. The question is whether or not this change is a materially adverse change to the contract, thereby giving the OP an out to the contract without incurring an ETF.

Providing a bonus then taking it away can't be considered a MAC to the contract.

 

[CrAkD]

I cannot believe the number of people that are defending this policy change. people here will be the first to complain about facetime requiring a mobile share plan and everyone losing their unlimited plans when the LTE iPhone is released. but this they defend AT&T for? Just because it wasn't in any contract? (that we know of) One poster in this thread said "Because AT&T was nice to you once in the past" No AT&T had a policy that they followed for 5 years. Now like axxing unlimited, forcing mobile share plans, charging for tethering even if your on a tiered plan they changed another policy for no other reason but greed. wake up people.

 

[JayLenochiniMac]

My agreement with AT&T was that I'd let them price gouge me for $1000 per year over their competitor's 100% identical product (5GB 4G HSPA+ which is only available in my area) and they would pay me $450 per year when I did my yearly iPhone upgrade...

You have never entered into an agreement with at&t that they'd pay you $450 per year when you do your yearly iPhone upgrade.

 

[JayLenochiniMac]

I cannot believe the number of people that are defending this policy change. people here will be the first to complain about facetime requiring a mobile share plan and everyone losing their unlimited plans when the LTE iPhone is released. but this they defend AT&T for? Just because it wasn't in any contract? (that we know of) One poster in this thread said "Because AT&T was nice to you once in the past" No AT&T had a policy that they followed for 5 years. Now like axxing unlimited, forcing mobile share plans, charging for tethering even if your on a tiered plan they changed another policy for no other reason but greed. wake up people.

We won't lose our unlimited plans when we upgrade to the LTE iPhone, at least with at&t. Yes, people may have good reasons to complain about facetime, etc. but we're talking about what we agreed to when we signed the contract. Verizon and Sprint won't allow you to do an early upgrade for an additional $250 yet you're calling at&t greedy?

You believe what you believe, I'll sit here with my cash.

----------



It works, so don't knock it.

Stealing works so don't knock it? That's how con artists think.

 

[blairh]

So I just learned that the people at AT&T changed their upgrade policy for high revenue accounts to not let them have phones ever 12 months. Considering Apple comes out with a new phone every year this is completely unacceptable to me and from an economic standpoing beyond absurd considering they were charging a huge surplus year to year compared to just using their own pre-paid plan and buying your own phone with their 12 month upgrade program already. Now their deal is nothing short of a swift kick in the face and completely insulting.

I'm really tired of people who expect special treatment from carriers and then are shocked when they don't get it. If you don't want to give AT&T your business, move on. It's pretty simple.

 

[terraphantm]

You signed a contract agreeing to some terms and conditions. A responsible adult honors the contract and takes whatever freebies (like the now obsolete 12-month full upgrade) they can get to maximize the number of dollars in their pocket. It's quite childish to weasel out by calling 3-4 times a day.

The question is whether or not AT&T is honoring the contract at their end. If the 12 month upgrade policy was outlined in the contract he signed, then they need to either honor that or let him out without etf.

 

[ahfu25]

Wirelessly posted

I go without a contract. It's a bit more expensive, but you can sell the year old phone and be upside down for about the same $$$.

The problem is AT&T, Apple, and the rest don't sell off contract phones on launch day. This is what really chaps me. I see no reason why I shouldn't be able to purchase a phone for the unsubsidized rate at the same time everyone else is getting their phones subsidized. Usually about 30 days later, the off contract price is available.

yup! I've been without a contract since the 4 came out....It feels good to know I can just walk away from them without a penalty at any given time. You pay a little more but its all the same to me..just have to hustle a little bit to sell your old iPhone, no biggie.

 

[JayLenochiniMac]

The question is whether or not AT&T is honoring the contract at their end. If the 12 month upgrade policy was outlined in the contract he signed, then they need to either honor that or let him out without etf.

Everybody knows that's not in the contract.

 

[F123D]

The question is whether or not AT&T is honoring the contract at their end. If the 12 month upgrade policy was outlined in the contract he signed, then they need to either honor that or let him out without etf.

It's not.

 

[aneftp]

It's not.

Exactly. This thread is pointless.

1. Never a written policy for 12 months with certain customers. It was more of a perk if you paid $99 or more on primary line.

The standard upgrade has been 20 months give or take for years. Its been on their official webpage for at least the past 2-3 years.

2. Both sprint and Verizon got rid of similar 12 month upgrades aLSO. So its not a att thing.

T-Mobile has been worse. Like 22 months for full upgrades for past 4-5 years.

If you don't like it. Leave or go prepaid.

I don't like it. But u vote with your wallet