Same wireless contract, different wireless provider....can I leave?

August 24, 2005 1:29 PM

OhnonotagainFilter: Can I get out of my wireless contract?

I signed on with AT&T Wireless shortly before Cingular bought them. However, my account was purchased by Alltel. This was never even hinted at until Alltel's letter arrived, and I've never had to sign anything with them.

Full disclosure: The service hasn't been any worse, but my needs have changed and I don't think Alltel has what I want.

I intend to search through all of my personal papers to reread the original contract if necessary, but I'm hoping there's a fellow AT&T refugee here who has personal experience with this...

posted by gnomeloaf to law & government (3 comments total)

Usually in this case you have a grace period where you can cancel the contract. You might have blown right past that period and therefore be SOL. What did Alltel send you? It probably explains your rights and responsibilites (which could just consist of legalese explaining how they now own you and your first-born), and if it doesn't you should call them and ask to speak with "customer retention."

Every wireless company has a "customer retention" group and those two words are like an ancient secret to any of the phone droids that you'll talk to. Explain your problems to the customer retention guy and see if they are able to meet your needs. If they're not then explain why not and just tell them you'll be canceling your service with them.
posted by bshort at 1:49 PM on August 24, 2005

Provided your contract provides for them to sell it off - and you can be sure it will - your obligation continues. No different from mortgages that are sold and re-sold. Your best bet would be to find somewhere that they're in breach, perhaps in ability to provide coverage in XYZ County.
posted by phearlez at 2:09 PM on August 24, 2005

IAAL

The contracts are always sewed up tight, with every bit of it in favor of the provider and against you.

The only way to attack it is around the periphery. This is why "technicalities" were invented. For example, the law in your state may require that the provision you want to fight must be printed in 10 point type. If the provider shrank the document to fit in the box, it may be 9.9 point, in which case it's unenforceable.

Similarly, they may be required to give you notice in a particular way, and if they didn't follow it to the letter, then they can't enforce it.

These contracts are known as "contracts of adhesion" because you're stuck to it like flypaper. Courts will look for technicalities to let you out of unfair requirements. For example, AT&T makes you pay for all calls made, even if the phone is stolen or cloned.

However, 'tain't cheap. If all you want out of it is to change providers, stick it out to the end of the contract term. The only time it would be worth it to litigate is in the situation my wife found herself in a couple of years ago, when her cell phone was stolen and the thief put several thousand dollars worth of calls on it before she cut off the service.
posted by KRS at 8:23 AM on August 25, 2005