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  #1 (permalink)  
Old 12-12-2006, 02:00 PM
Dave
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Default What's the story on the new arbitration clause?

Got my monthly bill with a new arbitration clause in it saying it is
even better for me. Yea, right! Biggest change that I can understand is
no class action lawsuits. Can they arbitrarily change this without my
permission? If so, can I nullify their early termination fees?

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  #2 (permalink)  
Old 12-12-2006, 04:00 PM
Todd Allcock
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Default Re: What's the story on the new arbitration clause?

At 12 Dec 2006 15:00:06 +0000 Dave wrote:
> Got my monthly bill with a new arbitration clause in it saying it is
> even better for me. Yea, right! Biggest change that I can understand is
> no class action lawsuits. Can they arbitrarily change this without my
> permission?


Yes and no- depends on if your original contract allowed them to change
the arbitration terms.

> If so, can I nullify their early termination fees?


Probably, if the original contract included a clause allowing you to
cancel if terms changed.

Call CS and ask.




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  #3 (permalink)  
Old 12-12-2006, 04:18 PM
SMS
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Default Re: What's the story on the new arbitration clause?

Todd Allcock wrote:
> At 12 Dec 2006 15:00:06 +0000 Dave wrote:
>> Got my monthly bill with a new arbitration clause in it saying it is
>> even better for me. Yea, right! Biggest change that I can understand is
>> no class action lawsuits. Can they arbitrarily change this without my
>> permission?

>
> Yes and no- depends on if your original contract allowed them to change
> the arbitration terms.
>
>> If so, can I nullify their early termination fees?

>
> Probably, if the original contract included a clause allowing you to
> cancel if terms changed.
>
> Call CS and ask.


There are often class-action law suits, and individual lawsuits, that
are allowed to proceed despite the presence of arbitration clauses.

See "http://classactiondefense.jmbm.com/winigclassactiondefense_ord.pdf"
for one directly related to Cingular.

They put in these clauses to increase the expense to the individual, or
to the law firms that are bringing the class action, but in reality the
clauses are often unenforceable. It varies by state.

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  #4 (permalink)  
Old 12-14-2006, 05:56 PM
karlkrandall@sbcglobal.net
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Default Re: What's the story on the new arbitration clause?

On Tue, 12 Dec 2006 09:18:02 -0800, SMS <scharf.steven@geemail.com>
wrote:

>Todd Allcock wrote:
>> At 12 Dec 2006 15:00:06 +0000 Dave wrote:
>>> Got my monthly bill with a new arbitration clause in it saying it is
>>> even better for me. Yea, right! Biggest change that I can understand is
>>> no class action lawsuits. Can they arbitrarily change this without my
>>> permission?

>>
>> Yes and no- depends on if your original contract allowed them to change
>> the arbitration terms.
>>
>>> If so, can I nullify their early termination fees?

>>
>> Probably, if the original contract included a clause allowing you to
>> cancel if terms changed.
>>
>> Call CS and ask.

>
>There are often class-action law suits, and individual lawsuits, that
>are allowed to proceed despite the presence of arbitration clauses.
>
>See "http://classactiondefense.jmbm.com/winigclassactiondefense_ord.pdf"
>for one directly related to Cingular.
>
>They put in these clauses to increase the expense to the individual, or
>to the law firms that are bringing the class action, but in reality the
>clauses are often unenforceable. It varies by state.




Even worse is Cingular's claim that "This revision is effective
immediately".

If they make such a change to your Service Agreement, and you do not
concur, then you are certainly entitled to cancel any contract
withoutt penalty or charge.

Unfortunately 611 has been so bombarded with calls that they are
falsely claiming you can't cancel.

Call Cingular HQ (404) 236-6000., and ask for Office of the
President, and inform them you do not agree with change.

You may wish to also send them a certfied letter with a CC to your
State's Attorney General and the FCC.

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  #5 (permalink)  
Old 12-14-2006, 06:14 PM
Thomas T. Veldhouse
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Posts: n/a
Default Re: What's the story on the new arbitration clause?

karlkrandall@sbcglobal.net wrote:
>
> Unfortunately 611 has been so bombarded with calls that they are
> falsely claiming you can't cancel.
>
> Call Cingular HQ (xxx) xxx-xxxx., and ask for Office of the
> President, and inform them you do not agree with change.
>
> You may wish to also send them a certfied letter with a CC to your
> State's Attorney General and the FCC.


Hey Phillipe! The FCC can't do anything about it ... they don't deal with
customer service or contracts.

I see nothing has changed about you ... still the same guy, hating whoever you
have as a provider.

--
Thomas T. Veldhouse
Key Fingerprint: D281 77A5 63EE 82C5 5E68 00E4 7868 0ADC 4EFB 39F0



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  #6 (permalink)  
Old 12-14-2006, 10:16 PM
karlkrandall@sbcglobal.net
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Posts: n/a
Default Re: What's the story on the new arbitration clause?

On Thu, 14 Dec 2006 19:14:06 GMT, "Thomas T. Veldhouse"
<veldy71@yahoo.com> wrote:

Childish insults

>karlkrandall@sbcglobal.net wrote:
>>

Even worse is Cingular's claim that "This revision is effective
immediately".

If they make such a change to your Service Agreement, and you do not
concur, then you are certainly entitled to cancel any contract
withoutt penalty or charge.

Unfortunately 611 has been so bombarded with calls that they are
falsely claiming you can't cancel.

Call Cingular HQ (404) 236-6000., and ask for Office of the
President, and inform them you do not agree with change.

You may wish to also send them a certfied letter with a CC to your
State's Attorney General and the FCC.

======================================
I know when I'm spot-on, cause some fool will start with personal
insults instead of intelligently disputing what I posted.

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  #7 (permalink)  
Old 12-15-2006, 01:01 PM
Thomas T. Veldhouse
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Posts: n/a
Default Re: What's the story on the new arbitration clause?

karlkrandall@sbcglobal.net wrote:
> On Thu, 14 Dec 2006 19:14:06 GMT, "Thomas T. Veldhouse"
> <veldy71@yahoo.com> wrote:
>
> Childish insults
>


This was a childish insult?

"Hey Phillipe! The FCC can't do anything about it ... they don't deal with
customer service or contracts."

Yet, you post editted it anyway.

> I know when I'm spot-on, cause some fool will start with personal
> insults instead of intelligently disputing what I posted.


Spot on? Copying the FCC is not spot on. Further, we know all about YOU and
your past in cellular groups.

--
Thomas T. Veldhouse
Key Fingerprint: D281 77A5 63EE 82C5 5E68 00E4 7868 0ADC 4EFB 39F0



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