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> <channel><title>Comments on: AT&amp;T Sends Material Change Disputers to Debt Collectors</title> <atom:link href="http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/feed/" rel="self" type="application/rss+xml" /><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/</link> <description>Providing complete coverage of the wireless industry, cell phone news, and future 4G technologies.</description> <lastBuildDate>Thu, 09 Feb 2012 03:55:49 +0000</lastBuildDate> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <generator>http://wordpress.org/?v=3.3.1</generator> <item><title>By: Sprint&#8217;s Premium Device Fee Material Change, Our ETF Out Dilemma &#124; PhoneNews.com</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-47688</link> <dc:creator>Sprint&#8217;s Premium Device Fee Material Change, Our ETF Out Dilemma &#124; PhoneNews.com</dc:creator> <pubDate>Wed, 19 Jan 2011 03:57:13 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-47688</guid> <description>[...] had experiences with situations where PhoneNews.com and the carrier don&#8217;t see eye to eye at all on the status of an ETF Out. On the other hand, we&#8217;ve gone the extra mile and worked with [...]</description> <content:encoded><![CDATA[<p>[...] had experiences with situations where PhoneNews.com and the carrier don&#8217;t see eye to eye at all on the status of an ETF Out. On the other hand, we&#8217;ve gone the extra mile and worked with [...]</p> ]]></content:encoded> </item> <item><title>By: AT&#38;T Hiring Investigators to Snoop on PhoneNews.com? &#124; PhoneNews.com</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-34513</link> <dc:creator>AT&#38;T Hiring Investigators to Snoop on PhoneNews.com? &#124; PhoneNews.com</dc:creator> <pubDate>Sun, 29 Nov 2009 13:00:09 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-34513</guid> <description>[...] scenes, pressing both the FCC and the California Public Utilities Commission to rule that AT&amp;T violated its Terms of Service earlier this year. Specifically, AT&amp;T expanded the anti-net-neutrality policies in March of [...]</description> <content:encoded><![CDATA[<p>[...] scenes, pressing both the FCC and the California Public Utilities Commission to rule that AT&amp;T violated its Terms of Service earlier this year. Specifically, AT&amp;T expanded the anti-net-neutrality policies in March of [...]</p> ]]></content:encoded> </item> <item><title>By: Update</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-29469</link> <dc:creator>Update</dc:creator> <pubDate>Sun, 19 Jul 2009 16:16:13 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-29469</guid> <description>Read this:
Although you did sign a contract and they changed the terms of the arbitration; You also signed a contract which states the following:
&quot;AT&amp;T T&amp;Cs said:
We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such 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&#039;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 RATE PLAN BROCHURE, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL 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. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.&quot;
Here&#039;s the other problem. You are canceling because:
&quot;ChieflandFL said:
I am cancelling two lines of service with AT&amp;T and moving them to Verizon because of the horrible reception and lack of customer service both in store and on the phone.&quot;
If you really had a problem with the arbitration clause you should have called that day you received it and maybe they would have worked with you. However since you are complaining about the lack of reception and customer service you should have canceled within your first thirty days.
You are better off just paying the ETF than trying to fight this and paying arbitration costs. You signed a legally binding contract that obviously states you are currently in the wrong.
The first part actually applies to your article. The new arbitration clause is not a phyical change to the contract and therefore does not warrant a waive of the ETF.
Your directing consumers to ruin their credit history, AT&amp;T will not budge, and FCC will not change anything because it&#039;s legal.</description> <content:encoded><![CDATA[<p>Read this:</p><p>Although you did sign a contract and they changed the terms of the arbitration; You also signed a contract which states the following:</p><p>&#8220;AT&amp;T T&amp;Cs said:<br
/> We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such 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&#8217;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 RATE PLAN BROCHURE, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL 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. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.&#8221;</p><p>Here&#8217;s the other problem. You are canceling because:</p><p>&#8220;ChieflandFL said:<br
/> I am cancelling two lines of service with AT&amp;T and moving them to Verizon because of the horrible reception and lack of customer service both in store and on the phone.&#8221;</p><p>If you really had a problem with the arbitration clause you should have called that day you received it and maybe they would have worked with you. However since you are complaining about the lack of reception and customer service you should have canceled within your first thirty days.</p><p>You are better off just paying the ETF than trying to fight this and paying arbitration costs. You signed a legally binding contract that obviously states you are currently in the wrong.</p><p>The first part actually applies to your article. The new arbitration clause is not a phyical change to the contract and therefore does not warrant a waive of the ETF.<br
/> Your directing consumers to ruin their credit history, AT&amp;T will not budge, and FCC will not change anything because it&#8217;s legal.</p> ]]></content:encoded> </item> <item><title>By: 3G Unrestrictor Imposes Net Neutrality on AT&#38;T, Gives Slingers 3G/EDGE SlingPlayer &#124; PhoneNews.com</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-29460</link> <dc:creator>3G Unrestrictor Imposes Net Neutrality on AT&#38;T, Gives Slingers 3G/EDGE SlingPlayer &#124; PhoneNews.com</dc:creator> <pubDate>Sun, 19 Jul 2009 04:03:49 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-29460</guid> <description>[...] Apple   Hackers giveth what AT&amp;T illegally tries to take away. VolPower3G 1.1 has been released on Cydia. The application has been branded as 3G Unrestrictor on [...]</description> <content:encoded><![CDATA[<p>[...] Apple   Hackers giveth what AT&amp;T illegally tries to take away. VolPower3G 1.1 has been released on Cydia. The application has been branded as 3G Unrestrictor on [...]</p> ]]></content:encoded> </item> <item><title>By: Christopher Price</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-29368</link> <dc:creator>Christopher Price</dc:creator> <pubDate>Thu, 16 Jul 2009 04:13:16 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-29368</guid> <description>We&#039;ll double check, but that FAQ may be out of date from the February and March changes. It certainly wouldn&#039;t be the first time an AT&amp;T FAQ wasn&#039;t months (or years) out of date.</description> <content:encoded><![CDATA[<p>We&#8217;ll double check, but that FAQ may be out of date from the February and March changes. It certainly wouldn&#8217;t be the first time an AT&amp;T FAQ wasn&#8217;t months (or years) out of date.</p> ]]></content:encoded> </item> <item><title>By: Bo</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-29363</link> <dc:creator>Bo</dc:creator> <pubDate>Thu, 16 Jul 2009 02:31:42 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-29363</guid> <description>I&#039;m not familiar with arbitration. According to this link www.wireless.att.com/answer-center/solutionDisplay.jsp?solutionId=KB72565, there is &quot;AT&amp;T will not attempt to collect from you the attorneys&#039; fees it incurs in arbitration even when permitted to do so under applicable law&quot; and &quot;For any non-frivolous claim that does not exceed $75,000, AT&amp;T will pay all costs of arbitration, no matter who wins&quot; and &quot;Send the final two copies of the Demand for Arbitration to the AAA Case Management Center for the state in which your billing address is located. Please be sure to include the appropriate AAA filing fee. We will promptly reimburse you this amount when we receive a copy of your Demand for Arbitration, unless your claim is for greater than $75,000.&quot;. Thus it appears to me that we have nothing to lose in an arbitration, since At&amp;t pays the fee and does not asks for its attorney fee from us. Did I miss something?</description> <content:encoded><![CDATA[<p>I&#8217;m not familiar with arbitration. According to this link <a
href="http://www.wireless.att.com/answer-center/solutionDisplay.jsp?solutionId=KB72565" rel="nofollow">http://www.wireless.att.com/answer-center/solutionDisplay.jsp?solutionId=KB72565</a>, there is &#8220;AT&amp;T will not attempt to collect from you the attorneys&#8217; fees it incurs in arbitration even when permitted to do so under applicable law&#8221; and &#8220;For any non-frivolous claim that does not exceed $75,000, AT&amp;T will pay all costs of arbitration, no matter who wins&#8221; and &#8220;Send the final two copies of the Demand for Arbitration to the AAA Case Management Center for the state in which your billing address is located. Please be sure to include the appropriate AAA filing fee. We will promptly reimburse you this amount when we receive a copy of your Demand for Arbitration, unless your claim is for greater than $75,000.&#8221;. Thus it appears to me that we have nothing to lose in an arbitration, since At&amp;t pays the fee and does not asks for its attorney fee from us. Did I miss something?</p> ]]></content:encoded> </item> <item><title>By: Christopher Price</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-29362</link> <dc:creator>Christopher Price</dc:creator> <pubDate>Thu, 16 Jul 2009 02:00:58 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-29362</guid> <description>Part of the problem with arbitration is actually a material change itself.
AT&amp;T claims they can (retroactively) now require you to pay their fees, if you lose in arbitration. That&#039;s one of the two material changes that people wanted to cancel over.
Of course, AT&amp;T will claim that they can enforce that term, so they will probably demand you pay their fees if you lose.
And, of course, AT&amp;T&#039;s arbitration fees will probably exceed the ETFs (stretching into the thousands). As such, I don&#039;t think you&#039;ll have much luck with arbitration, since there will be a disagreement from the get-go as to who pays arbitration fees in the event of a loss.</description> <content:encoded><![CDATA[<p>Part of the problem with arbitration is actually a material change itself.</p><p>AT&amp;T claims they can (retroactively) now require you to pay their fees, if you lose in arbitration. That&#8217;s one of the two material changes that people wanted to cancel over.</p><p>Of course, AT&amp;T will claim that they can enforce that term, so they will probably demand you pay their fees if you lose.</p><p>And, of course, AT&amp;T&#8217;s arbitration fees will probably exceed the ETFs (stretching into the thousands). As such, I don&#8217;t think you&#8217;ll have much luck with arbitration, since there will be a disagreement from the get-go as to who pays arbitration fees in the event of a loss.</p> ]]></content:encoded> </item> <item><title>By: Bo</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-29361</link> <dc:creator>Bo</dc:creator> <pubDate>Thu, 16 Jul 2009 01:40:47 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-29361</guid> <description>We should also try starting arbitration process with At&amp;t Wireless. The details are at http://www.wireless.att.com/answer-center/solutionDisplay.jsp?solutionId=KB72565. First you send a notice to At&amp;t notifying them you want to start an arbitration. They will try to resolve it. Then if you are not satisfied you can start a demand for arbitration. At&amp;t will pay the arbitration fee and I believe we have nothing to lose, except fees for mailing documents. Once it&#039;s in arbitration, we have the chance to show the arbitrator that this does hurt us.</description> <content:encoded><![CDATA[<p>We should also try starting arbitration process with At&amp;t Wireless. The details are at <a
href="http://www.wireless.att.com/answer-center/solutionDisplay.jsp?solutionId=KB72565" rel="nofollow">http://www.wireless.att.com/answer-center/solutionDisplay.jsp?solutionId=KB72565</a>. First you send a notice to At&amp;t notifying them you want to start an arbitration. They will try to resolve it. Then if you are not satisfied you can start a demand for arbitration. At&amp;t will pay the arbitration fee and I believe we have nothing to lose, except fees for mailing documents. Once it&#8217;s in arbitration, we have the chance to show the arbitrator that this does hurt us.</p> ]]></content:encoded> </item> <item><title>By: Dr. Z.</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-29350</link> <dc:creator>Dr. Z.</dc:creator> <pubDate>Wed, 15 Jul 2009 17:55:53 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-29350</guid> <description>If you get a letter from a debt collector in this matter, send them a cease and desist letter immediately, so the firm does not appear on your credit. A sample of this letter and more info can be found here: http://www.bendover.com/cdletter.asp</description> <content:encoded><![CDATA[<p>If you get a letter from a debt collector in this matter, send them a cease and desist letter immediately, so the firm does not appear on your credit. A sample of this letter and more info can be found here: <a
href="http://www.bendover.com/cdletter.asp" rel="nofollow">http://www.bendover.com/cdletter.asp</a></p> ]]></content:encoded> </item> <item><title>By: SaltyDawg</title><link>http://www.phonenews.com/att-sends-material-change-disputers-to-debt-collectors-8438/#comment-29329</link> <dc:creator>SaltyDawg</dc:creator> <pubDate>Tue, 14 Jul 2009 23:58:09 +0000</pubDate> <guid
isPermaLink="false">http://www.phonenews.com/?p=8438#comment-29329</guid> <description>Everyone should take action here (and spread the word. The hard part is already done for you (it emails the FCC and all of your local congress reps).
Read the page:
http://www.freepress.net/freemyphone
Sign the petition (which emails the FCC and your local congress reps):
https://secure.freepress.net/site/Advocacy?cmd=display&amp;page=UserAction&amp;id=333
Follow it on Facebook:
http://www.facebook.com/pages/FreeMyPhone/89600309468
Follow it on Twitter:
http://twitter.com/freemyphone
Follow the RSS feed:
http://www.freepress.net/taxonomy/term/5718/feed
Everyone should be posting those links all over the internet. This is a well organized, well funded movement. The more people supporting it, the less likely we&#039;ll be reading stories like this in the future. Do your part...</description> <content:encoded><![CDATA[<p>Everyone should take action here (and spread the word. The hard part is already done for you (it emails the FCC and all of your local congress reps).</p><p>Read the page:<br
/> <a
href="http://www.freepress.net/freemyphone" rel="nofollow">http://www.freepress.net/freemyphone</a></p><p>Sign the petition (which emails the FCC and your local congress reps):<br
/> <a
href="https://secure.freepress.net/site/Advocacy?cmd=display&#038;page=UserAction&#038;id=333" rel="nofollow">https://secure.freepress.net/site/Advocacy?cmd=display&#038;page=UserAction&#038;id=333</a></p><p>Follow it on Facebook:<br
/> <a
href="http://www.facebook.com/pages/FreeMyPhone/89600309468" rel="nofollow">http://www.facebook.com/pages/FreeMyPhone/89600309468</a></p><p>Follow it on Twitter:<br
/> <a
href="http://twitter.com/freemyphone" rel="nofollow">http://twitter.com/freemyphone</a></p><p>Follow the RSS feed:<br
/> <a
href="http://www.freepress.net/taxonomy/term/5718/feed" rel="nofollow">http://www.freepress.net/taxonomy/term/5718/feed</a></p><p>Everyone should be posting those links all over the internet. This is a well organized, well funded movement. The more people supporting it, the less likely we&#8217;ll be reading stories like this in the future. Do your part&#8230;</p> ]]></content:encoded> </item> </channel> </rss>
