Cellular Phone Forum / Providers / Cingular / January 2006
Need advice on early termination
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M. L. - 24 Jan 2006 22:39 GMT I recently moved to a new residence and cannot get a decent signal there. The low signal was verified by the customer service rep at Cingular. However, she told me that my only options were to go to a lower-priced plan, to find someone else who would take over my contract, or to pay a $150.00 early termination fee. Do I have any recourse here? I don't see why I should have to pay for a service I cannot receive through no fault of my own. Any advice appreciated. Thanks.
Shawn Hirn - 24 Jan 2006 23:12 GMT > I recently moved to a new residence and cannot get a decent signal there. > The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 3 lines] > I should have to pay for a service I cannot receive through no fault of my > own. Any advice appreciated. Thanks. Without knowing where you live, its hard to say what kinds of recourse, if any you have. Contact your state's public utilities commission or consumer affairs office to discuss this situation. You can probably find the contact information for these agencies on your state's web site.
Bob Ward - 24 Jan 2006 23:21 GMT >I recently moved to a new residence and cannot get a decent signal there. >The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 3 lines] >I should have to pay for a service I cannot receive through no fault of my >own. Any advice appreciated. Thanks. You chose to move through no fault of Cingular. The phone continues to work under the circumstances which made it a good choice originally. Why should you be rewarded at Cingular's expense because you changed your address?
Howard - 24 Jan 2006 23:32 GMT > I recently moved to a new residence and cannot get a decent signal > there. The low signal was verified by the customer service rep at [quoted text clipped - 3 lines] > I don't see why I should have to pay for a service I cannot receive > through no fault of my own. Any advice appreciated. Thanks. So you think it is Cingular's fault you moved? Odds are the service still works in other areas you frequent...place of employment for example. Your contract does not specify that service will exist at a specific location, but it DOES specify you will keep that service for a specific amount of time. You agreed to this, and you also agreed to a penalty if you wish to break this contract. If you now wish to break it, what possible reason would you have to think you won't be charged the penalty you have already agreed to pay?
 Signature "No need to be plain old-fashioned literate." -Albert Silverman (slvrman@panix.com) December 25, 2005 in misc.consumers Message-ID: <slrndqu8a3.c1t.slvrmn@panix2.panix.com>
Elmo P. Shagnasty - 25 Jan 2006 01:54 GMT > I recently moved to a new residence and cannot get a decent signal there. > The low signal was verified by the customer service rep at Cingular. > However, she told me that my only options were to go to a lower-priced > plan, to find someone else who would take over my contract, or to pay a > $150.00 early termination fee. Do I have any recourse here? Sure. Just cancel the contract and don't pay them anything else.
It's not that difficult.
ianhead88@gmail.com - 25 Jan 2006 04:21 GMT How does this affect your credit report?
> > I recently moved to a new residence and cannot get a decent signal there. > > The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 5 lines] > > It's not that difficult. Bob Ward - 25 Jan 2006 04:59 GMT >> I recently moved to a new residence and cannot get a decent signal there. >> The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 5 lines] > >It's not that difficult. I can't think of an easier way to destroy your credit rating...
Elmo P. Shagnasty - 25 Jan 2006 11:33 GMT > >Sure. Just cancel the contract and don't pay them anything else. > > > >It's not that difficult. > > I can't think of an easier way to destroy your credit rating... Not paying a cell company's bill will "destroy" a credit rating?
What world do you live on?
SMS - 25 Jan 2006 22:32 GMT >>> Sure. Just cancel the contract and don't pay them anything else. >>> [quoted text clipped - 5 lines] > > What world do you live on? Being billed for $150 cancellation fee will not "destroy" a credit rating. They won't tell you the impact it'll have on your score, but it will almost certainly be minimal.
Mike Jacoubowsky - 26 Jan 2006 05:23 GMT >>>> Sure. Just cancel the contract and don't pay them anything else. >>>> [quoted text clipped - 9 lines] > They won't tell you the impact it'll have on your score, but it will > almost certainly be minimal. Are you sure that's how it would read? I have a feeling that not paying the $150 cancellation fee might be regarded as not agreeing to terminate the contract, so the credit report might instead read that you have a continuing (and growing) unpaid balance and late fees.
--Mike-- Chain Reaction Bicycles www.ChainReactionBicycles.com
>>>> Sure. Just cancel the contract and don't pay them anything else. >>>> [quoted text clipped - 9 lines] > They won't tell you the impact it'll have on your score, but it will > almost certainly be minimal. SMS - 26 Jan 2006 08:49 GMT >> Being billed for $150 cancellation fee will not "destroy" a credit rating. >> They won't tell you the impact it'll have on your score, but it will [quoted text clipped - 4 lines] > contract, so the credit report might instead read that you have a continuing > (and growing) unpaid balance and late fees. Yes, if the carrier does that, rather than trying to bill the termination fee after the customer cancels. It's possible that the carrier may refuse to cancel service if you don't pay the fee.
I wouldn't recommend doing this, but I know that with AOL, often the only way to cancel was to close the credit card account.
Andrew White - 27 Jan 2006 02:43 GMT >>>> Sure. Just cancel the contract and don't pay them anything else. >>>> [quoted text clipped - 9 lines] >rating. They won't tell you the impact it'll have on your score, but it >will almost certainly be minimal. Are you both (you and Elmo) f.cked in the head? Any non-payment like that will have a severely detrimental effect on the credit score!
Elmo P. Shagnasty - 27 Jan 2006 02:52 GMT > >Being billed for $150 cancellation fee will not "destroy" a credit > >rating. They won't tell you the impact it'll have on your score, but it > >will almost certainly be minimal. > > Are you both (you and Elmo) f.cked in the head? Any non-payment like > that will have a severely detrimental effect on the credit score! You're wrong.
SMS - 27 Jan 2006 17:13 GMT >>> Being billed for $150 cancellation fee will not "destroy" a credit >>> rating. They won't tell you the impact it'll have on your score, but it [quoted text clipped - 3 lines] > > You're wrong. Many people are overly concerned about minor non-credit items on their credit report. The most important things on credit reports is that you have no past-due accounts, and that you do not have an excessive amount of debt.
An $150 collection on your report has very little impact on an already high credit score, usually only 20-30 points if it's not a credit card or mortgage.
Even people with high credit scores get these collection notices occasionally, due to disputes with medical providers and insurance, and cell phone companies. I.e., it took me three years to get one medical provider to remove a $200 collection from my credit report (they were billing a old PPO insurance company rather than the current PPO). During that time my credit score didn't appear to go down, but maybe it would have been 800 versus 781, without that collection. In any case, the cut-off for the best mortgage rates is a score of 760, so it had no effect. As long as the rest of the credit report is clean, the scoring system recognizes that there may be an anomaly as to why a single negative item has appeared.
It may help to send a dispute letter to the credit bureaus as well.
Note that I'm not saying to actually do this in this case. The original poster should simply pay the termination fee. And as one person pointed out, if you don't pay the fee, Cingular could simply consider the account still open, and bill you monthly for service. This would show up on your credit report as past due payments, which would definitely have a detrimental effect on your FICO score.
DecaturTxCowboy - 25 Jan 2006 14:25 GMT > I can't think of an easier way to destroy your credit rating... Ex wife comes to mind (so I heard...as have never had a wife).
Andrew White - 25 Jan 2006 04:52 GMT >I recently moved to a new residence and cannot get a decent signal there. >The low signal was verified by the customer service rep at Cingular. >However, she told me that my only options were to go to a lower-priced >plan, to find someone else who would take over my contract, or to pay a >$150.00 early termination fee. Do I have any recourse here? No, you don't. I know it sucks because I was in exactly the same position with Verizon. I just chose to accept the fact that I didn't have cell service in my home. A lot of people have no service in their homes, but that's not what they have cell phones for anyway. Of course, if you thought you could live without a land-line at your new place, you're effectively screwed even more...
Scott en Aztlán - 25 Jan 2006 04:57 GMT >I recently moved to a new residence and cannot get a decent signal there. >The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 3 lines] >I should have to pay for a service I cannot receive through no fault of my >own. Any advice appreciated. What do you mean, through no fault of you own? Who is the idiot who moved to a place where his cell phone does not work?
You have no recourse. STFU and pay the fee, and next time do your due diligence BEFORE you sign the apartment lease.
Wirelessjuan - 25 Jan 2006 12:48 GMT >I recently moved to a new residence and cannot get a decent signal there. >The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 3 lines] >I should have to pay for a service I cannot receive through no fault of my >own. Any advice appreciated. When you were looking for a new home why didn't you check your Cell reception before moving? This was something we did when we bought our last home since we knew that we would use our Cellular phones and not have a landline.
M. L. - 25 Jan 2006 15:25 GMT >>I recently moved to a new residence and cannot get a decent signal there. >>The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 8 lines] > last home since we knew that we would use our Cellular phones and not > have a landline. Thanks to all who responded in a civil manner. To those who assumed otherwise, the Cingular coverage map includes the section of Chicago, IL to which I moved. In fact, the map includes ALL of Chicago. When looking for apartments in a large city it is sometimes impractical to make cellphone reception the main criteria, especially when it is taken as a given.
Mike Berger - 25 Jan 2006 16:15 GMT A big city is the worst place to take that kind of thing as a "given". Like off-the-air TV reception (remember when everybody in Chicago used an antenna?) there's no guarantee that your signal won't be blocked by a building somewhere.
Nobody suggested cellphone reception should be the main criterion. You're talking about a $ 150 maximum expense here as a penalty. How does that compare to one month's rent? It hardly seems like that big a deal.
And by the way, I'll bet you got a nice phone for free or very cheap. It takes the carriers two years to recoup the costs of those phones. If you cut your contract early, you may be getting off cheaper at $ 150 than paying the actual cost of the phone back.
> Thanks to all who responded in a civil manner. To those who assumed > otherwise, the Cingular coverage map includes the section of Chicago, IL to > which I moved. In fact, the map includes ALL of Chicago. When looking for > apartments in a large city it is sometimes impractical to make cellphone > reception the main criteria, especially when it is taken as a given. SMS - 25 Jan 2006 16:54 GMT > Thanks to all who responded in a civil manner. To those who assumed > otherwise, the Cingular coverage map includes the section of Chicago, IL to > which I moved. In fact, the map includes ALL of Chicago. When looking for > apartments in a large city it is sometimes impractical to make cellphone > reception the main criteria, especially when it is taken as a given. T-Mobile, for all its faults, lets you check coverage at a specific address. It's not foolproof, especially with apartment buildings, but it's much better than you'll get from the other carriers.
In most parts of the country, including Chicago, Verizon is the best choice for the best coverage--and the most expensive.
Bob Ward - 25 Jan 2006 18:54 GMT >> Thanks to all who responded in a civil manner. To those who assumed >> otherwise, the Cingular coverage map includes the section of Chicago, IL to [quoted text clipped - 8 lines] >In most parts of the country, including Chicago, Verizon is the best >choice for the best coverage--and the most expensive. What, exactly, prevented the OP from pulling out his cell phone and attempting to make a phone call while standing in the living room with his real estate agent?
If it's a deal breaker now, why wasn't it a dealbreaker then?
Mike Berger - 26 Jan 2006 16:21 GMT And how do you think that works? It checks the same coverage map that you would look at yourself.
> T-Mobile, for all its faults, lets you check coverage at a specific > address. It's not foolproof, especially with apartment buildings, but > it's much better than you'll get from the other carriers. SMS - 26 Jan 2006 21:24 GMT > And how do you think that works? It checks the same coverage > map that you would look at yourself. It's not just a map that essentially shows complete coverage of an area. It has every tower on it, with concentric circles out from the tower location. Often there's overlapping coverage, occasionally there is no coverage at all. While other carriers may have something similar, it isn't publicly available.
LDC - 25 Jan 2006 17:01 GMT >Thanks to all who responded in a civil manner. To those who assumed >otherwise, the Cingular coverage map includes the section of Chicago, IL to >which I moved. In fact, the map includes ALL of Chicago. When looking for >apartments in a large city it is sometimes impractical to make cellphone >reception the main criteria, especially when it is taken as a given. You obviously did not read the text on the coverage map, which includes the following: "Map depicts an approximation of outdoor coverage" "Actual coverage may differ substantially from map graphics, and coverage may be affected by such things as terrain, weather, foliage, buildings..."
Anyone who has actually used cell phones knows there are dead spots in a coverage area and if a cell signal is a significant requirement then it is a simple matter to turn on the cell phone. To not accept responsibility to test the coverage is silly.
SMS - 25 Jan 2006 22:34 GMT >> I recently moved to a new residence and cannot get a decent signal there. >> The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 8 lines] > last home since we knew that we would use our Cellular phones and not > have a landline. I think that the real estate listings should include a list of all carriers in an area, and the signal strength of each. "Sorry, I can't make an offer on this $950,000 house because I might have to pay $150 termination fee for my wireless carrier."
Gordon Burditt - 25 Jan 2006 22:49 GMT >I think that the real estate listings should include a list of all >carriers in an area, and the signal strength of each. "Sorry, I can't >make an offer on this $950,000 house because I might have to pay $150 >termination fee for my wireless carrier." I think that real estate listings should be organized by DSL speed, distance from the central office, and landline phone company. You don't want to make an offer on a $950,000 house and THEN discover it's 1000 feet beyond the limit for getting DSL.
Gordon L. Burditt
clifto - 26 Jan 2006 23:43 GMT >>I think that the real estate listings should include a list of all >>carriers in an area, and the signal strength of each. "Sorry, I can't >>make an offer on this $950,000 house because I might have to pay $150 >>termination fee for my wireless carrier." Sure. And a nice 10% commission might help them pay for all those cell phones.
> I think that real estate listings should be organized by DSL speed, > distance from the central office, and landline phone company. You > don't want to make an offer on a $950,000 house and THEN discover > it's 1000 feet beyond the limit for getting DSL. You've really got to watch what they call "available". Several providers will tell me that it's available to me... until it's time to make the hookup.
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Cliff - 25 Jan 2006 14:44 GMT > I recently moved to a new residence and cannot get a decent signal there. > The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 3 lines] > I should have to pay for a service I cannot receive through no fault of my > own. Any advice appreciated. Thanks. Any cell phone company will advise you that they do not promise 100% signal in 100% of places. You had a signal when you signed up.
SMS - 25 Jan 2006 15:38 GMT > I recently moved to a new residence and cannot get a decent signal there. > The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 3 lines] > I should have to pay for a service I cannot receive through no fault of my > own. Any advice appreciated. Thanks. There is a video that details the solution for you. The original location of it is gone, so I hope that the creator doesn't mind me storing it.
See "http://nordicgroup.us/cingular/cingular.wmv"
It will take several minutes to download the video.
M. L. - 27 Jan 2006 03:53 GMT >> I recently moved to a new residence and cannot get a decent signal there. >> The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 11 lines] > > It will take several minutes to download the video. Thanks for the comic relief. Seems Cingular did a good job of incorporating its incompetences as features.
BTW, I have a neice who used to work as a rep for Verizon. She said thet they regularly waived termination fees for my situation. I've corresponded with the BBB, my state's Attorney General, and the FCC to get their opinions. I'll write to the Public Utilities Commission tomorrow.
SMS - 25 Jan 2006 16:46 GMT > I recently moved to a new residence and cannot get a decent signal there. > The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 3 lines] > I should have to pay for a service I cannot receive through no fault of my > own. Any advice appreciated. Thanks. Wow, Cingular forced you to move?!
Seriously, you really have no recourse. Eat the early termination fee and move on.
RobR - 26 Jan 2006 13:57 GMT One thing you might consider is trying a phone that has known excellent RF abilities. There are many Cingular phones I can't use where I live. When I moved I had to try several different phones before I found a couple that worked at the new house. Give just about any current Nokia phone a try (I've had good luck with the 6620 and 6230) or the Motorola RAZR.
>I recently moved to a new residence and cannot get a decent signal there. > The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 4 lines] > I should have to pay for a service I cannot receive through no fault of my > own. Any advice appreciated. Thanks. SMS - 26 Jan 2006 21:25 GMT > One thing you might consider is trying a phone that has > known excellent RF abilities. There are many Cingular [quoted text clipped - 3 lines] > current Nokia phone a try (I've had good luck with > the 6620 and 6230) or the Motorola RAZR. He could also try an external antenna, if the phone supports it.
Bob Ward - 27 Jan 2006 06:03 GMT >One thing you might consider is trying a phone that has >known excellent RF abilities. There are many Cingular [quoted text clipped - 3 lines] >current Nokia phone a try (I've had good luck with >the 6620 and 6230) or the Motorola RAZR. So you have the option of spending $200 on a new phone to avoid paying $150 in early termination fees?
RobR - 28 Jan 2006 20:53 GMT >>One thing you might consider is trying a phone that has >>known excellent RF abilities. There are many Cingular [quoted text clipped - 6 lines] > So you have the option of spending $200 on a new phone to avoid paying > $150 in early termination fees? No, just buy one of the Nokia pay as you go phones for $40 and swap in your SIM if you don't want a higher end phone.
Jeremy - 27 Jan 2006 00:57 GMT >I don't see why I should have to pay for a service I cannot receive through >no fault of my > own. Any advice appreciated. Thanks. How many months are left on your contract? Would it be more economical to just pay for a couple more months, even if you don't use the service, rather than pay a termination fee?
Cingular has you by the short hairs on the early termination fee. And, in truth, even though you may not receive a signal at your new home, you would likely be able to use the service while traveling in your car, so it is not like you cannot ever use it.
The other side of the coin is this: the carrier gave you a rate that was discounted from their base rate, and may have given you a phone as well, in exchange for their receiving a certain guaranteed cash flow for a set period of time from your account. The question of whether you can receive a signal at your new home is largely irrelevant. Had you been able to get a signal, they would have had to provide you with service at the contracted rate.
You do have an obligation to fulfill the terms of your contract. You could attempt to find someone to assume the remaining term, you could pay the early termination fee, or you could pay the monthly charge and keep the service, using it when away from your home.
This is one of these situations where, as they say, "Sometimes you get the bear--Sometimes the bear gets you."
Antipodean Bucket Farmer - 27 Jan 2006 02:39 GMT > >I don't see why I should have to pay for a service I cannot receive through > >no fault of my [quoted text clipped - 23 lines] > This is one of these situations where, as they say, "Sometimes you get the > bear--Sometimes the bear gets you." Sometimes you're the windshield... Sometimes you're the bug.
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Ernie Klein - 27 Jan 2006 03:10 GMT > >I don't see why I should have to pay for a service I cannot receive through > >no fault of my [quoted text clipped - 3 lines] > just pay for a couple more months, even if you don't use the service, rather > than pay a termination fee? The OP didn't say what state he was in. In California an early termination fee cannot exceed the amount left in the contract. If there is only two months left, then the ETF cannot exceed that amount, regardless of what the contract states. This was published in a local paper recently and I don't recall if it is a law or a CPUC ruling but it applies to all cellphone companies operating in California. Other states might have similar laws/rules. Depending where you live this might be worth looking into, YMMV.
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John Navas - 27 Jan 2006 05:03 GMT >The OP didn't say what state he was in. In California an early >termination fee cannot exceed the amount left in the contract. ... Likewise in other states.
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BeaForoni@msn.com - 28 Jan 2006 09:30 GMT > I recently moved to a new residence and cannot get a decent signal there. > The low signal was verified by the customer service rep at Cingular. [quoted text clipped - 3 lines] > I should have to pay for a service I cannot receive through no fault of my > own. Any advice appreciated. Thanks. I used to work for Verizon. If you move to an area that does not have service, (according to their map), you can get out of the contract. No carrier guarantees service in a building. If you meet their criteria ask to be let out of the contract. If you get no satisfaction, tell the phone jockey you want to escalate the call and speak to a supervisor.
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