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Cellular Phone Forum / Providers / Cingular / September 2005Breach of Contract?
I have service with Cingular wireless and I use this service as my primary means of communication. I have no land line. My service is usually ok in much of the city where I live (Huntsville, AL) but at my home it is terrible. I cannot maintain a signal for more than 5 minutes. Some places in my home I can stand very, very still and maintain a signal for some time but I cannot move at all or I will lose the signal and my conversation will end. Is this sufficient justification to claim breach of contract with Cingular? I have complained to Cingular on more than one occasion about this and have been told to use a signal booster or that I should be patient or that no service is perfect, etc. I personally believe that if I am paying them then my phone should work at my home. I would even be willing to accept an occasional outage or signal drop as a weakness of the technology but not to the point that it makes the service useless to me. Any advice, information would be appreciated. Thanks, -Mark > I have service with Cingular wireless and I use this service as my > primary means of communication. I have no land line. My service is [quoted text clipped - 4 lines] > the signal and my conversation will end. Is this sufficient > justification to claim breach of contract with Cingular? Not unless you started your contract while you were living somewhere else. There is a free trial period that comes with every new contract. THIS specific issue is the reason for it. If you had poor signal strength at home, you should have returned the phone within the trial period. Then you should have tried a different provider. -Dave All I know is that Cingular Sucks. Get out while you can. I here Verizon has pretty good signal. Cingular sucks all around. They have terrible customer support. They will lie to you to get a sale and then won't back up the bs they used to sell you the contract. I hope everyone boycots them soon. Right now I stuck with $800 in roaming charges in an area they told me I was covered in my contract and there was never any indication transmitted to the phone. I have 2 phones with them and according to them if I had the other phone I wouldn't have been roaming. Even though the 1st phone never said roaming when "it apparently was". At&t was great, but after Cingular got ahold of them they f all the AT&T customers. After several hours and them hanging up on me several times. Their "customer care" said that they didn't even have my contract on file but that I should just pay the bill and we could all be friends, f that. Maybe if they cut me a check for $800, I'll stop telling people the truth, too. Cingular Sucks, Stay Away. And have a nice day :) Yes, I agree with Dave. MOBILE Phone service is not perfect, and if you wanted something that always works in your house or basement, it is called a land-line. Mobile phones work in "most places", but not all. The cellular booster from wilson is your best improvement choice at home. dr  Signaturedr.news Better Price? (not better than you deserve, just more than you are used to) If I can help: dr.news@better-price.biz.delete-the-obvious or thru this notes forum. home of the better priced phone and service: http://free.better-price.biz >> I have service with Cingular wireless and I use this service as my >> primary means of communication. I have no land line. My service is [quoted text clipped - 11 lines] > you > should have tried a different provider. -Dave Mark, Cellular does not guarantee availability of the network or coverage. The coverage and quality can be affected by conditions beyond control, including network problems, signal strength, equipment, and atmospheric, geographic, or topographic conditions. Service availability is not guaranteed and there can be interruptions or delays in Services (e.g., dropped calls, blocked calls, etc.). I.E. Because cellular information is carried over "radio", the reliability will never be the same as "wired" technologies. Because of all the variables, it is impossible to guarantee coverage. Bud Stein > I have service with Cingular wireless and I use this service as my > primary means of communication. I have no land line. My service is [quoted text clipped - 15 lines] > Thanks, > -Mark What is this about a signal booster? To my knowledge no such thing exists. Fred >I have service with Cingular wireless and I use this service as my primary >means of communication. I have no land line. My service is usually ok in [quoted text clipped - 14 lines] > Thanks, > -Mark >What is this about a signal booster? To my knowledge no such thing exists. > You can buy professional signal boosters that work, generally an active repeater/antenna system. They are not "cheap" though, they usually cost between $400 and $800 AFAIK. TH > I have service with Cingular wireless and I use this service as my > primary means of communication. I have no land line. My service is [quoted text clipped - 4 lines] > the signal and my conversation will end. Is this sufficient > justification to claim breach of contract with Cingular? Sorry, no. Neither Cingular, nor any other wireless provider, guarantees any particular level of service in any particular locale. The fine print in your contract explains this, and specifically grants you the right to terminate your contract within a grace period. It wouldn've helped to learn this early enough to have that advantage. > I have > complained to Cingular on more than one occasion about this and have [quoted text clipped - 3 lines] > an occasional outage or signal drop as a weakness of the technology but > not to the point that it makes the service useless to me. Weakness of the technology also dictates that whichever tower that supplies the signal could go away at any time (see above). I wouldn't lose the CSR phone number of the landline provider just yet, you may need it just after your next 911 call. > Any advice, information would be appreciated. > > Thanks, > -Mark Signaturejer email reply - I am not a 'ten' Wireless service providers do not guaranty coverage inside buildings period. They do not even guaranty coverage outside in every square block of their coverage area. My advice is to get a land line. Hopefully you can get a land line provider that does not charge too much. My monthly bill including taxes averages around $16. > I have service with Cingular wireless and I use this service as my > primary means of communication. I have no land line. My service is [quoted text clipped - 15 lines] > Thanks, > -Mark The fine print of every cell contract states that service is not guaranteed even within posted coverage areas. That's why most carriers offer 14 to 30 day money back guarantees. That being said... if you employ a lawyer to write a stern letter to Cingular, chances are you'll get out of it penalty free. Cingular doesn't want trouble, so they will react to a lawyer's letter. Losing a termination fee just isn't worth a possible lawsuit to them. Many lawyers have their assistants write these type of letters for a nominal fee... $50 to $100. Also works out great if you have a lawyer in the family or know one well. Might be worth it to you. > Any advice, information would be appreciated. > The fine print of every cell contract states that service is not guaranteed > even within posted coverage areas. That's why most carriers offer 14 to 30 [quoted text clipped - 9 lines] > > > Any advice, information would be appreciated. Hmmm. I don't think so. I think that in a Court of Law when the terms and conditions are introduced, and it gets to the part in the terms and conditions where it says that Cingular can not and will not guarantee service in all areas (as mentioned above) then any lawyer who is any good is going to advise you to pay the termination fee and chalk it up to experience. > I have service with Cingular wireless and I use this service as my > primary means of communication. I have no land line. My service is [quoted text clipped - 15 lines] > Thanks, > -Mark If it used to work fine at your home but then stopped working because of some change that Cingular made (e.g., removing a tower), then you should at least have a good case for getting the early termination fee waived. Don't expect more. |
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