OK I have been going back and forth with ATT about another issue. Two months ago they raised the rate that they charge us for a government fee. It went from .66 cents to .70 cents. Well it ends up that that can be enough to get you out of your contract with no ETF as long as it has a "Materially Adverse effect" on you per you.. Now while I say that, its a big trouble to get them to do it. I have showed the reps on the phone, level two reps in the quiting department (forgot the name). That the fee is charged to ATT not to us. Here are some snipets from the contract.
http://www.wireless.att.com/learn/articles-resources/wireless-terms.jsp
1.3 Can AT&T Change My Terms And Rates?
We may change any terms, conditions, rates, fees, expenses, or charges regarding your Services at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates, roaming rates or administrative charges) either in your monthly bill or separately.
You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government's or our calculations.
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
Ok they will try to get you to believe that means that you agree that there is nothing you can do about the fee. but that is wrong.
What that says is that the you agree the government can raise their fees to ATT at any time and theirs nothing you can do about it. Well thats true, they can, but that doesnt mean ATT can charge you more anytime just because the fee has been raised to them. You see in another part of their site it states this about the "fees"
http://www.wireless.att.com/cell-phone-service/additionalcharges/
Additional Charges
Regulatory Cost Recovery Charge
The Regulatory Cost Recovery Charge is a charge assessed by AT&T associated with payment of government imposed fees and to recover the costs of compliance with government imposed regulatory requirements. It may include costs incurred in prior years that are not yet fully recovered. It is not a tax or charge which the government requires AT&T to collect from its customers. This charge is subject to change from time to time as the cost of compliance changes.
So right their they admit that what they "Charge" the customer is a "Charge" not a fee, its a "charge" designed to recoup the fee from the customer. Here is some more this one is on your bill
General Information
Late fee: Accounts with former AT&T Wireless plans are charged 1.5% or less of the balance unpaid as of the next bill period. Accounts with Cingular/new AT&T plans are charged $5 in CT, DC,DE,IL,KS,MA,MD,ME,MI,MO,NH,NJ,NY,PA,OK,OH,RI,VA,VT,WI,WV; or 1.5% of the balance unpaid as of the next bill period in all other states. Accounts with former AT&T Wireless and Cingular/new AT&T plans incur the lesser of these charges.
Notations made on checks or accompanying materials are not effective.
Calls to Customer Service may be monitored to ensure high quality service.
Questions on accessibility by persons with disabilities: 1-866-241-6568
AT&T Mobility Tax ID # 84-1659970
Questions About Your Bill or Service: If you have any questions about your bill or concerns
about your service, call Customer Care at 1-800-331-0500 or at 611 from your cellphone or write
to Customer Care at PO Box 246, Artesia, CA 90702-0246.
We may need to investigate your concerns, if necessary, and will notify you of the results of the investigation. See your Terms of Service for lost/stolen phone information. If we cannot resolve
your issue, you have the option to write the California Public Utilities Commission at Consumer
Affairs Branch, 505 Van Ness Ave., Room 2003, San Francisco, CA 94102, or at
www.cpuc.ca.gov,
or call 1-800-649-7570 or TDD 1-800-229-6846.
AT&T surcharges include: Regulatory Cost Recovery Charge to recover costs to comply with government assessments and regulations; Universal Service Charges; and gross receipts charges.
Then in their own words again, but they break it up so I will do some editing to make it easier to read. From section 1.3 of the wireless terms.
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.
Now why am I bringing this into this thread. Because I believe that when they send you that Text, you can call and state that because they are changing your service you want out of your contract with no ETF. Now the question is does it have a "Materially Adverse Effect" on you per you under the law? That is a valid question.
And to answer your question about what going on with my little thing. At the end they agree that the contract says that I can get out, however I have to send the arbitration letter to the CFO as desribed in the contract (I didnt paist its to long) so they dont even follow their own contract without a fight.
Anyway, now I am on Verizon with my new Galaxy Nexus and a two day old Unlimited 4G Plan with Unlimited 4G Hotspot all legit. No they dont offer it, but yes you can get it while it lasts.. Can you say 15Mbp to 25 Mbp Down and up! I can
