Join Date: Nov 2011
Carrier: Not Provided
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My position with ATT is I personally have the Unlimited ATT Data Plan and I called them immediately after receiving their letter telling me that they would ‘automatically enroll me’ ect.. and this is a record of my dealings thus far with ATT.
Note: The information below can be, in fact, applied to all contracts you have with any carrier service provider. I am in no way an attorney and in no way can my words below be construed as legal advice. It is simply my opinion to what I know in regards to the Law of Contract.
Now people, first, you need to understand the Law of Notice and Default. Think of this carefully- If ATT could ‘in fact’ unilaterally alter or abrogate the contract Plan you have with them, “”"Then why would they take time to send you a Notice (letter/text) at all?”"” Why did they not just change your contract and say, “We changed your plan based on thus and thus”. The reason is they need you to “Default” (not respond) to their notices they sent you, and by doing so, you acquiesce to their Notice, and then, they can “legally” change the agreement because you did not respond to their Notice (defaulting).
You should call ATT and let them know you are recording, or are at least taking notes on your conversation with them. On receiving my mailed Notice letter, I immediately called and noticed I was automatically transferred to a special dept. before even speaking to a live rep. After I found out the issue at hand, I told that ATT rep that I wanted to speak to a Supervisor. In short, and after many requests, she would not transfer me and tried to sidestep/defer me to, get this, transfer me to an “Apple” rep: Another legal issue that could be used against ATT.
When I perceived their one-sided railroading and that I could obtain no amicable “remedy” for this situation, I then carefully told her, “This is for the record- Do not in any way, shape, form or manner change, alter, modify or cancel my contract by abrogation or any other method without my consent. I decline and refuse all unilateral changes or cancellations to my contract with ATT. And if any changes or cancellations are made without my consent, I will pursue litigation for breach of contract. (I then told her) For the record, Notice to the Agent (her) is notice to the Principle (ATT).”, since she is a direct representative for corporate ATT.
All you need to do to see if you have any Standing for litigation is to look into the last contract you agreed to with ATT. You should then determine whether the contractual point of “tethering” was stipulated or not; and if not specifically stipulated in the agreement, then there is no breach on the part of the consumer (you), and your agreement cannot be changed or made null by ATT, period.
In Contract Law- no party to the contract can unilaterally change, alter, abrogate, or modify it in any way without the consent of the other party. This is just the ‘universal’ law of contract whether in Common, UCC, Merchant or Civil laws.
Based on this Maxim of Law, again, the recourse a consumer should undertake is to first closely review the last contract you agreed to with ATT. If there is no specific contractual point mentioning or stipulating and “clearly” spelling out ‘no tethering’ in the agreement, then it is simply not part of your agreement with ATT, period. Again people, “No One”, Corporate or Real person, can unilaterally alter a contract.
If a contract has ‘unilaterally’ been modified/changed, there is no doubt a ‘breach’, and then damages follow giving place to liability and suit ect…. There is more Case law to support ‘Breach of Contract’ than any other Cause in Suit history: Why? Because one Maxim of Law is “Contract makes the Law” and contracts cannot be altered unless both parties agree to.
One recourse for you is to find an attorney that will argue point for point ‘breach of contract’ if you have no specific agreement ‘Not to tether’. If no breach on your part, then you have standing for a suit: And this will be based upon your last `agreed to contract` with ATT; and if it does not specifically mention in your contract, “No Tethering……” then ATT has damaged you in a number of ways….maybe even fraudulently.??
I myself will have to review my last contract and see what is specifically stipulated in regards to tethering. In short, If ‘not mentioned- then it was not forbidden’….
If you find your rights have been violated, file a complaint with the BBB using the vernacular above since they fully understand legalese and contract law. Avoid joining Class Action law suits as there is little for you in the final awards for damages…if any. Pursue litigation yourself with a competent attorney that understands Contract Law. People, separately attacking at all all angles instead of being a bunch off eggs in one basket makes their attorneys have to work much harder facing multiple suits and the monetary damages the court may award you is by far greater than the other.
In closing: Think again what was mentioned above, If ATT could just change your plan without your consent- “”"Then why did they take time to Notify you at all?”"” The fact is, They Cant, period the end.
Initial attorney consultations are usually Free: So think for yourself and contact one and then another if needed (not all attorneys are versed in contract law). You have legal rights and recourse when anyone illegally breaks an Agreement/Plan/Contract with you: If you do nothing (acquiesce), then you have no rights or recourse.