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Can you get out of ATT DSL contract without ETF due to recent data cap?

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AznSensation

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Recently, AT&T placed 150gb/month data cap; however, this wasn't the case when i signed up for 1 year contract with them.

I called to cancel the service, but they told me that I have to pay early termination fee. I told them since they changed the terms of service in the contract, I should be able to cancel without ETF. However, they said no.

Is this legal?
 
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AznSensation said:
Recently, AT&T placed 150gb/month data cap; however, this wasn't the case when i signed up for 1 year contract with them.

I called to cancel the service, but they told me that I have to pay early termination fee. I told them since they changed the terms of service in the contract, I should be able to cancel without ETF. However, they said no.

Is this legal?
Click to expand...

"Terms and conditions of this agreement are subject to change at any time for any reason"
 
spidey07 said:
"Terms and conditions of this agreement are subject to change at any time for any reason"
Click to expand...


And changing the terms voids the contract. If they told you that you have no option to cancel they lied, I'd ask them to put that in writing so that you can take it to the Attorney General of your state for confirmation. You're only bound by the terms of the contract if you keep using it once the terms change. If you cancel before that you're not going to be on the hook for any fees.
 
GagHalfrunt said:
And changing the terms voids the contract. If they told you that you have no option to cancel they lied, I'd ask them to put that in writing so that you can take it to the Attorney General of your state for confirmation. You're only bound by the terms of the contract if you keep using it once the terms change. If you cancel before that you're not going to be on the hook for any fees.
Click to expand...

this is what i was thinking.
 
spidey07 said:
The part that matters is abiding by the acceptable use policy. They changed that but the actual contract is still in place.
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i'm asking this b/c ATT's manager is going to call me soon to discuss this issue, and I want to know what they are doing is illegal and i can get out of contract without ETF
 
spidey07 said:
The part that matters is abiding by the acceptable use policy. They changed that but the actual contract is still in place.
Click to expand...

To know and not to know, to be conscious of complete truthfulness while telling carefully constructed lies, to hold simultaneously two opinions which cancelled out, knowing them to be contradictory and believing in both of them, to use logic against logic, to repudiate morality while laying claim to it, to believe that democracy was impossible and that the Party was the guardian of democracy, to forget, whatever it was necessary to forget, then to draw it back into memory again at the moment when it was needed, and then promptly to forget it again, and above all, to apply the same process to the process itself -- that was the ultimate subtlety; consciously to induce unconsciousness, and then, once again, to become unconscious of the act of hypnosis you had just performed. Even to understand the word 'doublethink' involved the use of doublethink.
 
Call again and immediately ask to speak with a manager/supervisor. These type of matters are usually not scripted and cannot be handled by the first monkey that answers the phone.
 
How much is the ETF for DSL contract now? Mine was $50 back in 2007 when I signed up for their $10/m DSL Lite plan(changed that to 3mb plan last year to handle netflix and surfing simultaneously better).
 
I thought this was happening in May? That's when I remember reading the caps start. If that's true then they haven't done anything to you yet... An announcement is just an announcement until they actually act. You won't have a leg to stand on until the caps are actually in place.
 
GagHalfrunt said:
And changing the terms voids the contract. If they told you that you have no option to cancel they lied, I'd ask them to put that in writing so that you can take it to the Attorney General of your state for confirmation. You're only bound by the terms of the contract if you keep using it once the terms change. If you cancel before that you're not going to be on the hook for any fees.
Click to expand...


If I recall correctly, this came up in the past regarding some change to cell phone plans. If you continued using the plan, you were bound to the contract, however you were legally allowed to opt out without an early termination fee if you did so within the month that the change went into effect.

IANAL, but someone should be able to double-check on this. And, given a lot of publicity to people letting them know they can opt out of their contract (if this is true) as soon as they put the caps in place, that might even halt the spread of these caps.
 
Read this thread:

http://www.dslreports.com/forum/r25699476-Thinking-of-switching-from-AT-T-but-I-have-a-few-questions

Specifically this post

Try searching consumerist.com They were talking a lot about it a while back when one of the wireless providers changed their terms of service, and that opened up the door for people to get out of the remainder of their contracts without having to pay a penalty for leaving early.

Here are a couple of things in today's AT&T letter:

• Changes to this Agreement: We have changed the acceptance provision so that
you are now deemed to have accepted the changes to the agreement after the
30 day notice has passed, rather than immediately after receipt.
..........................

Please note, that by continuing to use the Service, you are agreeing to the terms and conditions set forth in the Terms of Service document.
So at this point they have changed the contract, and are letting you know that you can either accept it, by continuing on using the service, or you can cancel. They can't charge you for leaving early, as they changed the contract. They are no longer offering to provide what you had originally agreed to buy.
Click to expand...

Did you get this email?
 
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