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Old 06-15-2008, 11:49 PM   #1
s4ivi124
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Hey there,

On the site I found this, and I quote:

Question:
Does the early termination fee apply to each line on FamilyTalk or just to the plan itself?

Answer:
Each phone on your FamilyTalk account has its own contract. Customers who cancel their service with AT&T before the end of the contract term will pay an Early Termination Fee (ETF) of $175 for each wireless telephone number associated with the service. Effective May 25, 2008, new and renewing AT&T wireless customers who enter into 1- or 2-year service agreements will no longer be required to pay a single, flat ETF. Instead, the $175 ETF will be lowered by $5.00 every month for the term of the contract.

End Quote.

I understand when at&t changes their policy or anything that deals with your contract since that is a breach on their side you can cancel your account without paying the early termination fee. My question then is, is the above stated valid grounds for a breach of contract and entitlement to early termination without the $175 charge per phone line?

THanks!
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Old 06-15-2008, 11:59 PM   #2
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Quote:
Originally Posted by s4ivi124 View Post
Hey there,

On the site I found this, and I quote:

Question:
Does the early termination fee apply to each line on FamilyTalk or just to the plan itself?

Answer:
Each phone on your FamilyTalk account has its own contract. Customers who cancel their service with AT&T before the end of the contract term will pay an Early Termination Fee (ETF) of $175 for each wireless telephone number associated with the service. Effective May 25, 2008, new and renewing AT&T wireless customers who enter into 1- or 2-year service agreements will no longer be required to pay a single, flat ETF. Instead, the $175 ETF will be lowered by $5.00 every month for the term of the contract.

End Quote.

I understand when at&t changes their policy or anything that deals with your contract since that is a breach on their side you can cancel your account without paying the early termination fee. My question then is, is the above stated valid grounds for a breach of contract and entitlement to early termination without the $175 charge per phone line?

THanks!
No, your current contract still stands, you are not able to be un-bound from it due to their policy modification.
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Old 06-16-2008, 12:04 AM   #3
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You can cancel your contract without ETF only for 2 reasons. The first is death of the contract holder (not recommended). The second would be for an ADVERSE MATERIAL CHANGE (AMC) to the terms of your contract.

The AMC clause does not apply for two reasons.

First, the ETF is going DOWN, not up, meaning that the change is NOT adverse (it does not affect you in a negative way).

Second, it only applies to contracts entered into after May 25, 2008. This means if you have a contract that you entered prior to that date, the change will not apply. If you enter into a contract (new or renewal) on or after May 25, 2008, you get the new terms anyway.

Last edited by fonejunkie; 06-16-2008 at 12:05 AM..
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Old 06-16-2008, 01:23 AM   #4
s4ivi124
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Thanks for the info.

Is there anyway I can get out of my current contract by paying less or none of the ETF that you know of other than the death and AMC?

Thanks again.
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Old 06-16-2008, 03:59 AM   #5
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Nope. I have one that I'm payin when I bought my ex fiance a phone. I have everything turned off and the phone is shut off and in a drawer.

I've tried everything to get out of it, and there is no way out. So I'm just gona let it run out.
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Old 06-16-2008, 06:05 AM   #6
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Wirelessly posted (my new touch button BB)

Why are you trying to cancel?
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Old 06-16-2008, 08:47 AM   #7
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Quote:
Originally Posted by s4ivi124 View Post
Thanks for the info.

Is there anyway I can get out of my current contract by paying less or none of the ETF that you know of other than the death and AMC?

Thanks again.
There used to be several websites that matched people looking to get out of a contract with people looking for a 'deal' on wireless. I have never used one, and personally, from a consumer perspective, I would think you could always get a better deal by going directly to the wireless provider - at least there you get a brand new phone along with the contract. But these services may get you a 'shorter' contract. You could google "get out of my wireless contract" and see what pops up.
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Old 06-16-2008, 09:34 AM   #8
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Quote:
Originally Posted by s4ivi124 View Post
Thanks for the info.

Is there anyway I can get out of my current contract by paying less or none of the ETF that you know of other than the death and AMC?

Thanks again.
In general, no.

Why do you want to cancel? Someone about your current service not working? Or are you just looking to cash in on a better deal with someone else?

Some things to try, although no promise that any work will.

(1) Call AT&T and find out what their LOWEST plan is. They may have a very cheap plan that's not publicized. For example, many moons back, I had AT&T service and had a plan with only 20 minutes/month. The per minute charge was high and I didn't have text, data, anything. But it was very cheap (like $15/month or something). Great for emergency calls.

A $10-$15 plan with no minutes may be cheaper than paying the ETF, if you don't have much time left.

(2) Call AT&T and tell them to deal you're being offered by Verizon, Sprint, whoever. Explain that, even with the AT&T ETF, it'll still be cheaper for you. Ask them if they'll match or beat the competitors offer.

(3) Just pay the ETF. If it's that important to you to cancel, then pay the money and move on with life.

(4) If AT&T has failed to deliver, write them a letter, sent via USPS return-receipt, asking them to resolve their deficiency within 30 days or to release you from your contract. This must be a bona fide problem and a "material" one. It must be something that's inconsistent with the state of the technology and industry. For example, an occasional dropped call is NOT sufficient for cancellation because that's standard for the technology. However, the inability to make calls from any location 15 days out of each month is a real problem.

(5) If it's important enough to you, cancel and then refuse to pay the ETF. You risk this ruining your credit and it's borderline criminal, but if you really want to get out...
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Old 06-19-2008, 10:28 PM   #9
s4ivi124
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Thanks so much for the help thus far.
Sorry for my delayed response.

The reason I'm trying to get out of this plan/contract/account is because I have 3 phone lines of 4 that are currently not being used and if there is a way out I want to take it. I have nothing against at&t and if successful I'm going to sign up again with them under a smaller plan that better accommodates my living situation (aka 1 active line).
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