Can a Buggy Software Upgrade Free a Customer from a Wireless Contract?

The current trend in mobile phones indicates a transformation from feature phones to smartphones. Consumers are now more able to purchase smartphones while the smart handsets are beginning to offer high-end consumer features. However, this trend also comes with an implication that is related to mobile phone contracts.

Smartphones require software updates that are supposed to keep them up to date with the latest technology, fix bugs and add enhancements. However, new versions of software can be buggy and break things that worked perfectly well with the previous version of software. This can be a problem for smartphone owners since the next software upgrade can take several months before release.

So can a problematic software upgrade free one from a smartphone contract?

Well, it's unlikely. The a buggy software update is not covered by the relevant section of most carrier's terms and conditions. This means that you can terminate your contract but you will be required to pay an early termination fee.

Finding ways to fix the bugs might be a cheaper choice than terminating a contract.

Since most of the ETF offered by carrier are pro-rated there's a chance that you wont pay a high fee as long as you do not have a ot of time left in our contract.

That's it for this week. Tune in for more mobile phone contract news and updates.

T-Mobile 'Unlimited' Data Plan Results in Class-action Lawsuit

Here's a wireless contract dispute that involves T-Mobile USA. A consumer from California has filed a class action lawsuit against the 4th largest US wireless carrier for offering unlimited data but imposing caps data use once consumers are locked into a wireless contract.

The class action lawsuit against T-Mobile was brought in Superior Court in Yolo County, California.

The complainant, Trent Alvarez, alleges that advertisements for T-Mobile's “Unlimited Web & E-mail” plans falsely offer promise the consumer access to an “unlimited” amount of data.

Alvarez received a message that stated: “Your data usage in this billing cycle has exceeded 10GB; Data throughput [speed] for the remainder of the cycle may be reduced to 50kbps or less.” He was unable to do anything with his handsets except make or receive phone calls and text messages.

This cap on T-Mobile's 'Unlimited' Data Plan was only mentioned on a statement “on the very last page of the carrier's brochure. It was reportedly buried in minuscule type barely readable and states: 'Your data session may be slowed, suspended, terminated, or restricted if you use your service in a way that interferes with or impacts our network or ability to provide quality service to other users …'”

Well, this isn't the first time that a US carrier hit with a class action suit based on false advertising of its 'Unlimited' Data Plan. Other complainants have filed cases against other carrier's as well.

That's it for this wireless contract news. Tune in for more information, news and updates on mobile phone contracts.

Benefits of Settlement Agreements on Mobile Phone Contract Disputes

Many consumers turn to class action suits in times of disputes over violations of a mobile phone contracts. Many hope to win a settlement agreement with a wirless carrier who has violated terms of a contract. but what are the benefits of seeking a settlement agreement over a wireless contract dispute?

Well, the benefits of wimming a settlement is varied. Monetary compensation is a common reward for a class member and will be awarded o those who have fulfilled the requirements. This usually includes an Approved Claim Form. Of course, you have to be qualified to be included in the complaint.

Another common benefit offered by a settlement agreement is a phone card that provides a few hundred minutes of state-to-state calling.

Keep it mind that you may only receive one benefit per line.

That's it for this quick post on settlement agreements of wireless contracts. Tune in next week for more info, news and updates on wireless contracts.

Settlement Proposal for AT&T Wireless Contract-related Lawsuits

AT&T has proposed some benefits as settlement for wireless contract-related lawsuits. Perhaps after witnessing Verizon paying a substantial sum to a class action suit, the carrier has decided to take pro active actions.

This proposal was made to consumers who sued AT&T for unfair billing practices. A hearing to consider the fairness of the proposed settlement will be held Nov. 15.

AT&T Wireless customers who signed wireless contracts after March 1, 1999 and who submit the appropriate forms may be eligible for the following benefits:

• $8 for mMode data service
• $10 for ENH Discount International Dial
• $8 or a 250 minute AT&T phone card for out of cycle billing
• $7 for Universal Connectivity Charge.

If you wish to participate in this settlement, then you must mail or submit a claim form by Feb. 13, 2011.

Click Here to get more info on settlements with AT&T.

That's it for this post. Tune in to this wireless contract blog to get more news and updates on related topics.

Verizon Wireless to Pay $21 Million for Wireless Contract ETF Settlement

Here's a great update for those who have a score to settle with Verizon Wireless. The nation's largest wireless carrier will pay for a class action lawsuit in California over early termination fees. Verizon Wireless will pay a total of $21 million to the 175,000 members of the class.

Each person in the class-action claim is estimated to receive $87.50 after challenging the carrier's practice of charging a $175 fee for breaking a wireless-service contract early.

The carrier will be made to pay after appeals court in California ruled that the class-action settlement should be upheld.

This Verizon Wireless contract settlement ends all litigation over how early termination fees were applied. However, this should not be applies to its current early termination fee policy. Verizon Wireless has increased ETF from $175 to a pro-rated $350 for "advanced devices" like smartphones and netbooks.

Scott Bursor, the lead attorney for the plaintiffs in the case commented,

"Yesterday's ruling by the Court of Appeal confirms that this is a terrific settlement for Verizon Wireless customers, and now more than 175,000 of those customers will get a substantial refund"

This case was filed in 1999 and centered on a flat $175 ETF.

Tune in for more details on this wireless contract news and update.

Changes in the Wireless Contract Policies of AT&T

Many mobile phone service providers announced that they will pro rate the early termination fees they charge to customers who want to cancel their wireless contracts. It seems that they are starting to make good on those promises this year. AT&T recently announced that their subscribers will benefit from greater flexibility provided by the company's new approach to early termination fees.

Existing and new AT&T subscribers will not be charged with a flat early termination fee for canceling a service agreement, as long as they signed a one or two year wireless contract beginning on May 25, 2008. They will be charged with a rate that will decrease by "$5 during each month, every month, for the term of the contract."

However, the customers who have signed wireless contracts with AT&T before May 25 will still be charged with a single, flat ETF of $175. Well, I guess these customers will have to finish their contract. These pro rate policy is certainly more customer friendly then the flat rate ETF charged for terminating a wireless contract.

Customers who want no part of any wireless contracts also have new options. If you do not want to tangle with ETF's or other contract policies then you may:

- Choose to briung a compatible GSM device and purchase a SIM (subscriber identity module). You may then slip it into the back of the phone, and select a month-to-month service plan.

- Purchase a handset at full price and choose to go on a month-to-month service plan.

- Sign up for the GoPhone prepaid wireless plans offered by AT&T


The company also announced a few more customer friendly policies. For instance, AT&T now offers a 30-day return policy. This is a no-questions-asked grace period for service and equipment for customers who are unsatisfied with the equipment or service they have purchased.

AT&T Customers will also benefit from street-level coverage maps. They can use this online interactive mapping tool to view AT&T wireless coverage down to a neighborhood street level. This tool can even estimate the likelihood of coverage inside a building or a vehicle and outdoors to help subscribers.

These are just some of the customer friendly policies that have been launched by AT&T. I'm sure that others will follow. I have witnessed a lot of wireless contract complaints so I hope these changes will appease dissatisfied customers. These changes points towards a positive future for relations between wireless carriers and customers. I expect the other carriers to offer similar policies to make their own subscribers happy.

More Class Action Suits Filed against Sprint and T-Mobile

Here we go again. This certainly seems to be the year of class action suits against mobile phone carriers. New just a few days ago. Both of these companies have already been hit with class actions suits this year, and the new complaints are sure to bring new problems.

Let us begin with the complaint against Sprint. This is the third class action suit filed against the wireless network this year. The first complaint filed against the company was based on complaints that Sprint illegally extended the wireless contracts of customers after they made minor changes to their service. In the second complaint, Sprint was accused of misleading consumers by improperly charging roaming fees in connection with two “fair and flexible” plans.

The third complaint against the carrier this year is also on roaming charges. The complaint that subscribers were charged for roaming charges after being told they would not incur such fees under a major calling plan were filed in Florida and in North Carolina. The suit states that,

Sprint knew or reasonably should have known that these representations were materially false, deceptive or misleading because it not only routinely charged PCS Free and Clear Plan customers roaming rates for calls made and received ‘on the network,’ Sprint even charged these customers roaming rates for calls in their home cities where the plan was sold and where Sprint purportedly provided comprehensive network coverage. In fact, Sprint not only charged its customers roaming charges for calls made on the Nationwide Sprint PCS Network, it even charged them roaming charges for calls received on the Nationwide Sprint PCS Network.”

Roaming charges are certainly controversial. People have questioned how carriers were calculating these charges and it often results in class action suits or wireless contract disputes. This recent complaint against Sprint accused the company of charging customers even if they were making calls in the location where they purchased their plans. Customers claim that they were even charged for roaming even if they only received the calls.

Let us take a look at the company's s wireless contract. Maybe we can get some info on how the carrier charges customers for roaming. Here is the statement from the wireless contract of Sprint.

"Roaming" typically refers to coverage on another carrier's network that we make available to you based on our agreements with other carriers. These agreements may change from time to time and roaming coverage is subject to change. Your ability to receive roaming coverage depends on the radio transmissions your Device can pick up. You can pick up roaming coverage both within and outside our network coverage areas. Your Device will generally indicate when you're roaming. Depending on your Services, separate charges or limits on the amount of minutes used while roaming may apply. Certain Services may not be available or work the same when roaming (including data Services, voicemail, call waiting, etc.).

Interestingly, the terms and conditions of Sprint affirms that customers may pick up roaming coverage within and outside of their coverage areas. however, the customers claim that they were told that they will not incur these fees because they were under a major wireless plans. I guess we'll have to leave it to the authorities to figure this mess out.

Let us move on the complaint against T-Mobile. The wireless company also faces a class action suit filed in California federal court. The complaint accuses the company of not providing enough information on an “upgrade fee” that are applied on current subscribers who want to get new mobile devices.

T-Mobile’s use of wireless contract clauses that impose mandatory arbitration and waive the right to participate in class action suits was also attacked. here is a sample of this type of clause taken form T-Mobile's terms and conditions:

CLASS ACTION WAIVER. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. NOTWITHSTANDING SEC. 22, IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.

All the wireless contracts I've read has their own version of these clauses but a federal circuit court in San Francisco ruled that T-Mobile’s terms and conditions are unenforceable. I guess we'll have to see the lawyers of both parties duke it out. Perhaps the new consumer bills being drafted in congress will provide a way to solve these disputes.

Wireless Contracts and Security

After surfing the web for some news, I found this article on Security and the mobile phone industry. The RCR Wireless news article discussed the importance of security in the future of the cell phone market.

The article quoted a security adviser who feels that if security is not given enough attention then growth in the wireless industry will be stymied. The article also pointed out that software and applications used in the mobile phone industry are the most vulnerable to exploitation. Since we now use mobile devices for everything from booking flights to paying bills, we cannot overlook the importance of application security.

The article lead me to think about security as stated in wireless contracts. The existence of security policies or statements related to security may indicate if a carrier considers it as a priority. The presence of security measures or policies in wireless contracts or terms and conditions may also provide information and insight.

I scanned the wireless contracts published by major mobile phone networks on the Internet and found a couple of interesting statements. Here is a statement on security form AT&T's Terms and conditions:

AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services sold by AT&T. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures.

If you subscribe to AT&T then you should always keep in mind that your carrier does not guarantee security. You have to be careful with any sensitive information you send using mobile devices from AT&t because they are unsecured as stated in the wireless contracts.

The statement does indicate that some AT&T devices are equipped with data encryption so the company has made effort to provide security. However, customers still have to take responsibility for keeping important information safe.

Here is another wireless contract statement that involves security. T-Mobile's terms and conditions states that:

Wireless systems use radios to transmit communications over a complex network. We do not guarantee that your communications using the Service or Products will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.

This statement form the wireless contract of T-Mobile stresses the risk of transmitting important information on mobile devices. As with AT&T, T-Mobile will not be responsible for any security breach that users may experience when using their device. The customers have to take precautions to ensure that their personal information is kept safe.

These statements form the wireless contracts of two major wireless networks indicate that security in the mobile phone industry is not yet guaranteed. There are some efforts done towards data encryption and other security measures but customers still have the responsibility of protecting important information.

AT&T Reimburses Customers for Third-Party Scams

I just came upon an interesting piece of news. it seems that thousands of Florida customers were billed for third-party services such as ringtones and text messaging that were advertised as free. As a result AT&T Mobility has agreed to reimburse these customers in fees that could amount to more than $10 million. That's a lot of dough.

According to this CNN Money article , the blame rests in third-party companies. Apparently, these companies advertise ringtones and other services on the web and promised customers that the service will not cost them anything. The problem begins when teenagers sign up for these "free" services without consent from their parents. When the monthly bills arrived and parents find charges on their wireless bill, they would naturally complain to customer service.

The charges that appear in the monthly bills are often unclear so AT&T Mobility has agreed in the settlement to police such agreements with third-party providers. They will clarify what the charges are for as part of the agreement. The wireless carrier want to make amends for the damage done by this fraudulent and deceptive advertisements.

This news intrigued me so I decided to look at the wireless contract of AT&T. I want to see if the AT&T wireless contract contains any provision or policy on third-party services. Well, I scanned the terms and Conditions and observed that AT&T has mentioned third parties numerous times. Here is the statement that may be most relevant to this issue,

Certain information or content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice. AT&T IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Third-party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies may differ among AT&T's content or service providers and you are bound by such policies when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content provider or service provider. Any information you involuntarily or voluntarily provide third parties is governed by their policies. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information or downloaded data is not guaranteed or warranted by AT&T or any content providers or other third party. Delays or omissions may occur. Neither AT&T nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service. You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither AT&T nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever.

The wireless contract of AT&T states that they are not responsible for any information, services or goods provided by third-parties. Then, Why did the company agree to reimburse the customers who were charged for the third-party services? My guess is this policies were updated after this issue came out, AT&T has change the wireless contracts to protect itself from similar incidence. However, I'm not sure about this. Perhaps these statements were already in the contract before this issue became public.

I think they did the right thing. By agreeing to reimburse the customers victimized by these scams, AT&T can maintain a reputation as a just company. And by stating in their contract that they are not responsible for any services provided by third-parties, the company is protecting itself from problems that may stem from these companies.

The important lesson to learn here is that one not trust third-party services easily. The offers made on the Internet should not be trusted unless they have been verified. The wireless contracts of carriers already have statements that protect the carriers from these scams, so wireless customers should avoid getting mired in these fraudulent practices.

Cancel Your Wireless Contract Without Paying for the Early Termination Fee

Many consumer groups and customers feel that the early termination fees that are charged by wireless carriers are unfair. This fees prevent people from withdrawing their commitment to a wireless contract and discourages them from transferring to another service provider.

These complaints eventually caused some networks to become less strict with the early termination fees of their wireless contracts. They have done away with fixed fees and have chosen to go with prorated fees which are more consumer friendly. However, the dispute on early termination fees are not yet over. For instance, a class action suit has recently been certified against Verizon Wireless due to the early termination fees they have charged their customers.

Early Termination fees may dampen the spirits of unsatisfied wireless customers but there are actually legal ways to terminate a contract with out paying a fee. A customer simply has to read the wireless contract he signed in order to discover these ways. Let me enumerate some of the ways in which people can cancel their cellphone contract without paying any termination fees.

One of the best ways to avoid paying an early termination fee is by canceling your wireless contract within a month or thirty days of accepting it. I've looked at the Terms and Conditions of many contracts and thirty days seems to be the standard for the early cancellation of a contract. I even found out that with AT&T you can even receive a refund if you cancel your contract within three days of signing it.

However, you will still be charged for any services that you used within this 30 day period. Returning the device and accessories that are pert of the long term deal or wireless contract is also a requirement. Here is a statement from AT&T's terms and conditions that deals with early cancellation:

You may cancel your service, for any reason and without incurring the Early Termination Fee, within thirty (30) days of signing your Wireless Service Agreement, PROVIDED, however, that if you cancel service you will remain responsible for any service fees and charges incurred. If you cancel within three (3) days of signing your Wireless Service Agreement, you will be entitled to a refund of your activation fee, if any. If you exercise this option, you may be required to return devices and associated accessories purchased in connection with your Wireless Service Agreement.

Another way of escaping from a wireless contract without spending a dime for the early termination fee is by canceling it after the carrier initiated a "material" change in the contract. Mobile phone service providers, give their customers to opt out of their contracts if a change they made causes adverse effects. Customers who cancel their contract within a certain period after the material change takes effect are not required to pay any early termination fee.

This statement from Sprint Nextel's Terms and Conditions describe cancellation after a material change in the services and also includes the conditions a customer has to follow to become exempted from paying an early termination fee,

We will provide you notice of material changes, and may provide you notice of non-material changes, in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.

These are just a couple of legal ways of ending a troublesome contract. I'm sure that there are a few more ways to end your commitment to a wireless contract you find unacceptable. The best way to find one is to read the contract or ask questions. I hope this information can help you become free from an unwanted wireless contract.

Wireless Contract Policies on Network Coverage

Do you receive great network coverage from your wireless carrier? If you have signed up for a top wireless network then you will probably have great mobile phone reception. But if your location has a lot of weak or dead spots then your mobile phone experience may be unpleasant. After all a wireless phone is useless as a communication device without network coverage.

The system of radio communications antennas owned or used by your service provider defines the area of service coverage that affects your cellphone. The reception quality you get largely depends on your location and the network design of your carrier.

However, you might not be aware that the coverage or the availability of service is also stated in the wireless contract you signed to get your mobile phone plan. It is important that you see what your wireless contract says about service availability before you sign it. Otherwise, you may not have the right to complain about coverage after you have signed it. Let's take a look at some wireless contracts and see what they have to say about coverage or service availability.

The Service Availability and Access/Coverage section of AT&T's Terms and Conditions states that,

AT&T does not guarantee availability of wireless network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between AT&T BroadbandConnect, EDGE and GRPS. AT&T BroadbandConnect only available in select markets. See coverage map(s), available at store or from your sales representative, for details. AT&T BroadbandConnect download speeds only available on the AT&T BroadbandConnect network. Actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.

This statement from AT&T clearly indicate that they do not guarantee the service of a wireless network at all times. A device may not be able to connect to AT&T's network due to a variety of reasons including terrain, capacity constraints and other factors. This statement also points out the importance of looking at coverage maps. Look at your carrier's coverage map to find out if you'll have optimum coverage in your area.

Let's now check out the Network coverage policy of another wireless network. The Coverage; Where Your Device Will Work section of Sprint Nextel's wireless contract states that,

Our coverage maps are available at our stores and on our website. The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you've chosen. Our coverage maps provide high level estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage isn't available everywhere. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control (network problems, software, signal strength, your Device, structures, buildings, weather, geography, topography, etc.), may result in dropped and blocked connections, slower data speeds, or otherwise impact the quality of Service. Services that rely on location information, such as E911 and GPS navigation, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage.

Sprint Nextel's Terms and Conditions stresses that coverage is not available everywhere. If you are unlucky, then your location may fall into the "gaps" of Sprint Nextel's wireless network. There are also uncontrollable factors that may rob you of a good reception such as geography and weather. You can also get an idea of the quality of coverage in your area by looking at Sprint's coverage maps.

Now let us look at the "most reliable network" and see their take on coverage or service availability. Veriszon Wireless' Customer agreement says that,

Wireless phones use radio transmissions, so we can't provide service when your phone isn't in range of a transmission site used to provide service. Even within a coverage area, there are many factors, including network capacity, your phone, terrain, proximity to buildings, foliage, and weather, that may impact availability and quality of service.

If the "most reliable network" can't provide service all the time then, coverage is really not available at all times. Even Verizon can't overcome a lot of the factors that may affect the quality of reception. Well, it's not yet an exact science as these wireless contracts tell us so we may have to wait for new technologies that can overcome these obstacles.

The wireless contracts tell us that as of now, coverage or perfect reception is not guaranteed. You can't really complain about having no coverage in your area because no network has complete control over factors that may affect your reception. I hope this post on coverage will give you some useful info.

Sprint is the Next Target of Class Action Suit

The Class Action Suit menace has struck again.

In this early part of the year, major wireless carriers have been hit with class actions suits for a variety of reasons. Verizon Wireless was sued over the unjust early termination fees they charge in exchange for freedom from their wireless contract. Some consumers also filed a class action suit against T-Mobile for being charged with receiving unwanted text messages. This week the victim is Sprint Nextel Corp according to this RCR News article.

The complaint against Sprint Nextel Corp. stems from allegations that they are defrauding their wireless consumers. The complainants assert that the wireless network has misled and deceived them by extending their wireless contracts without their consent.

This statement from the plaintiffs in the 23-page complaint that was filed in Illinois federal court will explain,

“Defendants have misled and deceived consumers by extending consumers’ contracts for up to two years without providing adequate notice or obtaining meaningful consent to a contract extension when consumers made small changes to their telephone service, such as adding extra minutes or purchasing a new telephone; when they responded to solicitations by defendants for additional products and services; and when the consumer received ‘courtesy discounts’.”

This is a serious charge indeed. I guess you realize that being locked in a wireless contract without your consent is a problem. You will be forced to commit to that contract for at least two years and you will have to pay a fee to opt out of the contract. But the biggest issue here is the alleged deception and fraud of customers.

Being accused of deceiving customers is costly because the competition in the mobile phone industry is intense. If customers associate Sprint with shady practices and deceptive techniques then they will do business with other wireless networks. However, Sprint has protection from class action suits. The wireless contracts they require customer to sign have statements that guard against class action suits. Sprint Nextel's terms and conditions state that,

We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.

And another wireless contract statement from Sprint also expresses that,

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

These statements clearly indicate that Sprint has anticipated that they might be under sieged from class action suits. The complaints that have signed the contract may be bound to these conditions. However, the law will decide what will happen in the end.

So far, 2008 has not been great for mobile phone networks. Class action suits have been filed against them and they stand to lose a lot if the complainants emerge victorious. Verizon for instance may have to shell out billions in early termination fee refunds. The bad publicity these suits generate can also have negative effects on the networks.

I hope that this complaints will move them into initiating fair business practices and more customer friendly programs.

Protecting Consumer Privacy

In my last post, I blogged about the efforts of Verizon Wireless to stop a company from mining the Internet and other sources to get wireless phone numbers and other private info. The company's aim was to create a profitable mobile phone directory.

Verizon Wireless is staying true to the privacy statement found in their wireless contract or Terms and Conditions. Let me post that lovely statement from the wireless contract of the "most reliable wireless network" again,

We don't publish directories of our customers' phone numbers. We don't provide them to third parties for listing in directories either.

Well, I found an update to this consumer privacy crusade of Verizon and other consumer rights groups. This article reported that after receiving numerous complaints, the controversial company, Intelius Inc. has made a decision to shut down the service. This is certainly good news for consumers who want privacy protection from their wireless contracts, cellphone network and consumer rights activists.

Intelius Inc. made a mistake by launching their online directory assistance for cell-phone numbers. Their website claims to have 90 million numbers in its database and for $15 each, interested can have as many numbers as they want.

In the face of stiff resistance, Intelius had no choice but to give up a potentially lucrative service. Liz Murray, a spokesperson for the besieged company explained her company's decision in this statement,

"As a company, we have strived to be at the forefront of innovation. We realize that in this instance we may have been ahead of our time. Wireless carriers attempted to develop a similar product a few years ago and found the market wasn’t ready; it’s clear that the market is still not ready. We always listen carefully to our customers, which is why we recently discontinued our cellphone directory.”

Well, I agree with them that the market isn't ready yet for this service. Many attempts to create a similar directory have failed in the past. For instance, CTIA — The Wireless Association unsuccessfully attempted to create a cell-phone directory. However, opposition from consumers and legislators forced them to abandon their project.

But then again, who would want to have their privacy violated. If a company offers personal information without getting the consent from private citizens. This unethical method will always be assailed by consumer rights groups, legislators and other concerned individuals.

I hope that legislators can successfully pass a law that would prohibit the marketing of cellphone numbers without consumer consent. Wireless contracts and carriers may not be able to provide complete protection for their subscribers. Perhaps this may also be a chance for you to find out if you are being protected by your wireless network.I value my privacy and knowing that my carrier is doing its best to protect me is very reassuring.

T-Mobile also Gets Hit with Class Action Suit

A few days ago I made a post about the class action suite that has been certified against Verizon wireless. Now it seems that its T-Mobile turn to be nailed with a complaint. Nobody has told me that this is the season for class action suits or prosecute your Wireless carrier month.

The complaint against Verizon Wireless ordinated from the Early Termination fee they charged their customers. Their wireless contract or terms and conditions prohibits a customer from transferring into another carrier or wireless plan without paying a fee. On the other hand, the class action suit filed against T-Mobile involves text messages.

Enraged T-Mobile subscribers want justice for the charges that they have been made to pay for unwanted text messages. The class action suit was filed in the U.S. District Court in Seattle. They are accusing their carrier charges for text messages regardless of whether customers want the missives.

Here is a statement from plaintiffs who are representing the complainants,

"T-Mobile refuses to disable the texting messaging feature on its customers’ accounts, even when the customer has no interest in sending, or, more importantly, receiving text messages. Moreover, T-Mobile requires each of its customers who have not subscribed to one of T-Mobile’s Messaging Value Bundles to pay for each and every unsolicited text message they receive. In sum, T-Mobile, the party with the superior bargaining power, has carried out a wrongful business scheme regarding text messaging to deliberately cheat a large number of consumers out of individually small sums of money.”

This seems like a very serious accusation. Of course, I can sympathize with the sentiments of the subscribers. After all, nobody wants to be cheated. However, T-Mobile also has a policy concerning class action suits that is stated in their wireless contracts or Terms and Conditions. Check out this statement from their Terms and Conditions,

WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. NOTWITHSTANDING SEC. 22, IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.

This statement is actually a waiver that is a part of the T-Mobile contract. However, with the certification of the complaint against Verizon Wireless, this complaint may also cause problems to T-Mobile. They may be forced to pay back the customers they have charged for these unwanted text messages.

The events in these recent weeks have certainly been interesting. Will the wireless contract disputes and other conflicts between wireless and customers continue to escalate? Well, I guess we'll see in the upcoming weeks. The consumers seems to be putting a lot of pressure on their carriers and we will see how they will respond.

So far, the spokespersons of the networks have released no comments regarding the class action suits they are facing. We'll just have to sit back and observes as the opposing groups go at it and hope that verything will still be fine when the dust settles.

News: Class Action Against Verizon has been Certified

I found an interesting article concerning Verizon Wireless today.

Apparently, a huge class action against the wireless network has been certified by an arbitrator. How huge? Well, the RCR News article says that Verizon may be forced to pay nearly a billion bucks in refunds for the early termination fees they have charged over the years.

This article caught my interest because Verizon wireless as well as other mobile phone carriers have class action policies stated in their wireless contracts or terms and conditions. Here's the statement from the wireless contract or terms and conditions of Verizon:

THIS AGREEMENT DOESN'T PERMIT CLASS ARBITRATIONS EVEN IF THOSE PROCEDURES OR RULES WOULD. IN EXCHANGE FOR YOUR AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS, WE'RE PROVIDING YOU A FREE INTERNAL MEDIATION PROGRAM. MEDIATION IS A PROCESS FOR MUTUALLY RESOLVING DISPUTES. A MEDIATOR CAN HELP PARTIES REACH AGREEMENT, BUT DOESN'T DECIDE THEIR ISSUES. IN OUR MEDIATION PROGRAM, WE'LL ASSIGN SOMEONE (WHO MAY BE FROM OUR COMPANY) NOT DIRECTLY INVOLVED IN THE DISPUTE TO MEDIATE. THAT PERSON WILL HAVE ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR. NOTHING SAID IN THE MEDIATION CAN BE USED IN A LATER ARBITRATION OR LAWSUIT.

Well, I'm not really an expert in law but it seems that the fact that this arbitration has been certified is not favorable to the beleaguered wireless network.

The arbitrator who made the decision is Eugene I. Farber, a former federal judge and senior arbitrator-mediator for the American Arbitration Association in White Plains, N.Y. He explained his decision in this statement,

“I find the claimants have complied with the criteria for class certification. My decision is also motivated by my conclusion that as a matter of equity and fairness, millions of class members are entitled to adjudication of the central common questions of fact or law in this arbitration related to whether the $175 early termination fee imposed by respondents Cellco Partnership d/b/a Verizon Wireless … is based upon an unenforceable liquidated damage clause.”

Farber's decision to certify the class action has historical significance as well as financial implications. Financial because the refunds that Verizon make hand out is estimated to be worth nearly a billion bucks. Historical because with approximately 70 million members of the subscriber class it is the largest class ever certified in arbitration. This class action suit is also the largest class ever certified on a contested motion in any type of forum, litigation or arbitration.

The implementation of early termination fees have always been a controversial issue. Consumer groups and customers have complained that it is an unfair practice and they have succeeded in forcing some carriers to make their ETFs pro-rated. In fact, Verizon Wireless was the first carrier to announce that their ETF will be prorated.

If this class action suit succeeds then Verizon Wireless consumers will gain a great advantage. They will be able to seek a refund worth nearly a billion dollars. And maybe this ruling will also trigger similar suits in other wireless networks because they too have been imposing early termination fees on their consumers. It may also change some of the statements in the wireless contracts and terms and conditions that will be signed by subscribers.

I'll continue to monitor the progress of this development. I'll also make sure that I post any updates of this class action suit as well as other related incidents in this blog.

Roaming Policies In Wireless Contracts part 2

This the the second and final part of my post about the roaming policies of the major wireless service networks. We took the wireless contracts of these companies and looked for statements that relate to their roaming policies.

In my last post, I gathered the roaming policies of Alltel, AT&T and Sprint Nextel and made a few comparisons. I am aiming to the same for three more carriers. But before I do that let me give a brief review of the definition of roaming.

The term roaming as used in the wireless telecommunications industry refers to the extending of connectivity service in a location that is different from the home location where the service was registered. Basically, if you use your mobile phone on a network that is outside the home service area of your carrier then you are roaming. OK, lets proceed to the roaming policies.

Let us begin with the roaming policy of T-Mobile. The Billing, Charges, and Late Fees section of T-Mobile's terms and Conditions express that,

Except to the extent prohibited by law, billing of roaming charges and minutes or Services used may be delayed or applied against included minutes or Services in subsequent billing cycles, which may cause you to exceed your included minutes or Services in a particular billing cycle. Roaming and other call rating (such as time of call) depend on the location of the network equipment providing Service for a particular call and not the location of the Phone. For billing purposes, you agree not to rely on indicators on your Phone (such as roaming and call time), which may be inaccurate.

In the first statement, T-mobile informs the customer that he or she may exceed the allotted included minutes because the billing of roaming charges or minutes may be applied to the included minutes of a plan. That is certainly something to consider before you make calls outside the home service area of your carrier.

The carrier is also warning their customers not to rely on the indicator of their mobile phones as they may be inaccurate. Arguments on bills based on the indicators will not be valid. they are also making it clear that the location of the phone is not the basis of roaming ratings but the location of the network providing the service.

Let us check out how US Cellular treats roaming. Their Customer Service Agreement states that,

Due to delayed reporting by other carriers, some wireless usage while roaming outside a U.S. Cellular market may be billed in months subsequent to your actual usage. The minutes used, and associated charges, will be applied against your monthly plan minutes in the month that the usage appears on your bill rather than the month the calls were actually placed.

US Cellular's roaming policy focuses on the billing aspects of roaming. Unlike the other carriers, they did not touch upon any penalties when abusing roaming or the inaccurate roaming indicators on the mobile phone.

They explain to their customers that the roaming charges they incur may be billed in months subsequent to their actual usage due to delays on the reports of other carriers. They also exp0lain that due to the delay the charges will not be deducted on the months that they actual roaming calls were made.

Let us now look at the the Customer Agreement of Verizon Wireless. The Roaming and Roaming Charges section of that document states that,

You're "roaming" whenever you make or receive a call using a transmission site outside your Home Rate and Coverage Area, or using another company's transmission site. Your wireless phone may sometimes connect to and roam on another company's network even when you're within your Home Rate and Coverage Area or Local Calling Area. There may be extra charges (including charges for long distance, tolls, or calls that don't connect) and higher rates for roaming calls, depending on your Calling Plan.

Interestingly, Verizon warns their customers that they may actually be roaming even if they are within their Home Rate and Coverage Area or Local Calling Area. This may be similar to T-Mobile's policy that the rating does not depend on the location of the phone but on the network.

They are also notifying their customers that roaming calls may have higher rates and additional charges depending on the wireless plan. However, they do not offer any policy that states a penalty may be incurred if the customer make too many roaming calls or the unreliable indicators on the cell phone.

Those are the roaming policies of T-Mobile, US Cellular, and Verizon. Every roaming policy is different but they also share some similarities. One constant factor is that roaming calls mean extra charges for the customer. I hope that my posts on the roaming policies of different wireless networks can give you some useful info.

Text Messaging Policies

This week, Verizon Wireless has announced that it will increase text messaging rates from 15 cents to 20 cents per message. Some experts say that the increase is an attempt to to push its messaging bundles.

I thought that ti would be interesting to look at the text messaging policy of Sprint Nextel because they initiated the increase in Text Messaging rates. Shortly after the move, the rest of the nation’s major carriers also raised their casual text messaging fees from 10 cents to 15 cents.

I think the recent increase in Sprint's messaging rates should also be discussed especially it's relation to being able to opt out of a contract without paying an early termination fee (ETF). About three months ago, Sprint decided to increase their casual text messaging rate from 15 cents per message to 20 cents per message.

They explained that casual text messaging fees starting next month will be 20 cents per message sent or received. Overage SMS charges for customers who have a texting package will also increase, from 10 cents to 20 cents per message.

However, the carrier stressed that the will not allow customers to slip out of their contracts without paying an early termination fee. Sprint Nextel’s current terms of service allow for changes to text messaging fees but only a “material” change in rates would allow customers to abandon contracts without paying an ETF. The company decided that the increase did not qualify as a "material" change.

Here is the section of the contract that deals with the need for a "material" change before a customer can be exempt from paying the ETF.

Your service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.

Sprint Nextel spokeswoman Roni Singleton, stressed their side by saying that, “This casual text messaging rate change does not qualify any of our customers for any kind of early termination fee waiver.”

I expect that the other carriers will follow the text rate increase started by these wireless phone carriers. However, there may also be a lot of complaints that will follow the increases in rates. Some suits and disputes related to wireless phone contracts will also probably follow.

The Discover Bank Decision and Wireless Phone Contract Disputes

About a couple of years ago, the California Supreme Court issued a decision that has a significant impact on wireless phone contracts. This decision was well anticipated because of the increasing number of wireless contract disputes.

The case was widely known as Discover Bank v. Superior Court resulted in a decision that class action and class arbitration waiver clauses in consumer contracts are not enforceable "at least under some circumstances.” With this decision a window of opportunity for the use and enforcement of class action and class arbitration waiver clauses in the employment context was opened.


Case Background

Let us explore the events behind this ground breaking decision.

The case was all about a credit card holder filing a class action claim against Discover Bank in California. The person accused the bank of imposing a late fee of $29 on payments that were received on the payment due date, but after the bank's undisclosed 1:00 p.m. “cut off” time therefore breaching the cardholder agreement.

In response to this accusation, the accused moved to compel arbitration on an individual basis and to dismiss the class action. The bank argued that class arbitration and class actions are expressly prohibited in the arbitration provision of the cardholder agreement. It also contained of law clause stating that Delaware law governed.

However, the plaintiff argued that the class action/arbitration waiver clause, as stated in the cardholder agreement, is unenforceable under California law because it was unconscionable.


The Impact

The decision strike down the class action/arbitration waiver clause in the Discover Bank case may have nationwide implications. The presiding also noted that California could now become a magnet for class actions because the majority decided to ignore the choice of law provision in the arbitration agreement.

The decision can also affect the contracts of wireless phone service providers because these contracts requires the customer to accept a form of class action waiver. Take a look at this condition in Sprint's Terms and Conditions:

We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.

It's clear that the Discover Bank decision has affected the formation of this condition. The discover bank decision was also applied in a contract dispute between a customer and a wireless phone carrier. The California Federal Court denied the motion to compel arbitration under the agreement barring class action lawsuits made because the clause was held unconscionable. The motion was made by the defense in the Winig v. Cingular Wireless-Class Action Defense cases.

Unlimited Nights Time Frame of Top Wireless Carriers

The top wireless carriers offer unlimited night minutes to attract and gain more customers. This offer is indeed tempting because a caller can make unlimited calls during this period. However, there is still a need to exercise care when using this feature because every carrier has a different time frame for nights that is stated in their contract.

The last thing you want is to be charged for a call that you thought to be within the nights period. You should read the time frame for nights on the contract or terms and conditions of your carrier before you start making calls. Let me give some information on the nights time frame of various wireless carriers as stated on their contract.


You can avail of AT&'s unlimited nights minutes at 9 p.m. You can choose the option of changing that to 7p.m. by spending $9 more per month.


If you bought the "Power Pack" wireless plan of Sprint, then you should know that you can avail of unlimited nights starting at 7 p.m. You can make "night" an hour earlier or 6 p.m. by paying an extra $5 every month.


T-Mobile's unlimited nights begin at 9 p.m. and cannot be lowered by paying an extra fee.



Alltel’s “National Freedom” plan offers nights beginning at 9p.m., but its “Smart Choice Packs” have nights beginning at 7p.m.


Your unlimited nighttime minutes will commence at 9p.m. if you have purchased 450 minutes from US Cellular. You can avail of unlimited nights and weekends two hours earlier if you buy 900 minutes.



Verizon Wireless offer unlimited night minutes from 9 p.m. and no offers are made to extend this period.


Just by looking at these offers, it's clear that Sprint has the best nights policy because a subscriber can enjoy limited nights as early as 7 p.m with out paying any extra fee. This means that if you do most of your calls from 7 p.m. then Sprint may be the the best choice for you.

AT and T's Wireless Data Service Terms and Conditons

This is AT&T's contract or terms and condition for wireless data service. There have been some complains about it which I will talk about later.



I. GENERAL TERMS AND CONDITIONS APPLICABLE TO AT&T'S WIRELESS DATA SERVICES, INCLUDING BUT NOT LIMITED TO, FEATURES THAT MAY BE USED WITH WIRELESS DATA SERVICES AND WIRELESS CONTENT.

AT&T provides wireless data services, including but not limited to, features that may be used with wireless data services and wireless content ('Services'). These Services may be subject to credit approval and may only be available with certain rate plans. An activation fee of up to $36 may apply to each new line. Compatible data-enabled wireless device required.

Usage/Billing:

Usage and monthly fees will be charged as specified in your plan. DATA TRANSPORT IS BILLED IN FULL-KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL-KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. AT&T CHARGES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. AIRTIME AND OTHER MEASURED USAGE ARE BILLED IN FULL-MINUTE INCREMENTS AND ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. Data sent and received includes, but is not limited to downloads, email, overhead and software update checks. Unless designated for International or Canada use, prices and unlimited use apply to EDGE/GPRS and BroadbandConnect access and use on AT&T's wireless network and its partner wireless networks within the United States and its territories (Puerto Rico and the U.S. Virgin Islands), excluding areas within the Gulf of Mexico. Charges will be based on the location of the site receiving and transmitting service and not the location of the subscriber. BroadBandConnect access requires a compatible, eligible 3G device. There are 1024 kilobytes in a megabyte. Overage is billed by the kilobyte. Service charges paid in advance for annual Services are nonrefundable. Some Services may require an additional monthly subscription fee and/or be subject to additional charges and restrictions. See applicable Service materials for complete pricing and terms. Prices do not include taxes, directory assistance, roaming, universal services fees or other exactions and are subject to change. You may obtain usage information by calling customer service or using one of our automated systems.

Voice:

If you have a voice-capable device, unless you request voice blocking, select a data plan that restricts voice access or select a qualified voice plan, the default rate for voice calls on the AT&T's wireless network are 40¢ per minute and 69¢ per minute for domestic roaming voice calls off AT&T's wireless network (rates are subject to change without notice). Additional taxes and surcharges may apply. See AT&T Nation® map at store or att.com/wireless for default wireless voice coverage area.If you request voice blocking or your selected data plan restricts voice access, all voice calling capabilities (except for outgoing calls from the device to 911 or 611) will be blocked, including without limitation, calls from 911 or 611 to the device. If you have a wireless voice plan, wireless voice calls are billed as provided in your wireless voice rate plan.

Roaming:

Roaming charges for wireless data or voice service may be charged with some plans when outside AT&T's wireless network. Display on your device will not indicate whether you will incur roaming charges. Services originated or received while outside your plan's included coverage area are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier's support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Billing for domestic and international roaming usage may be delayed up to three billing cycles due to reporting between carriers.

International Roaming:

See att.com/wirelessinternational or dial 1-866-246-4852 for more information and for a list of currently available countries and carriers. Compatible international-capable device required. Certain countries and/or carriers within a roaming zone may be unavailable with certain plans or Services while roaming. Availability, quality of coverage and Services while roaming are not guaranteed. Rates apply to AT&T's wireless customers only. Certain tenure, billing and credit restrictions and additional charges may apply.

Cancellations/Early Termination Fee:

An Early Termination Fee of $175 may be assessed against you in the event that you terminate your Wireless Service Agreement and/or selected plan before the expiration of its term. You may cancel your service, for any reason and without incurring the Early Termination Fee, within thirty (30) days of signing your Wireless Service Agreement, PROVIDED, however, that if you cancel service you will remain responsible for any service fees and charges incurred. If you cancel within three (3) days of signing your Wireless Service Agreement, you will be entitled to a refund of your activation fee, if any. If you exercise this option, you may be required to return devices and associated accessories purchased in connection with your Wireless Service Agreement.

Service Availability and Access/Coverage:

AT&T does not guarantee availability of wireless network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between AT&T BroadbandConnect, EDGE and GRPS. AT&T BroadbandConnect only available in select markets. See coverage map(s), available at store or from your sales representative, for details. AT&T BroadbandConnect download speeds only available on the AT&T BroadbandConnect network. Actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.

Information/Content:

Certain information or content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice. AT&T IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Third-party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies may differ among AT&T's content or service providers and you are bound by such policies when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content provider or service provider. Any information you involuntarily or voluntarily provide third parties is governed by their policies. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information or downloaded data is not guaranteed or warranted by AT&T or any content providers or other third party. Delays or omissions may occur. Neither AT&T nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service. You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither AT&T nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever.

Prohibited and Permissible Uses:

Data Service sessions may be conducted only for the following purposes: (i) Internet browsing; (ii) email; and (iii) corporate intranet access (including access to corporate email, customer relationship management, sales force automation, and field service automation applications). PROHIBITED USES INCLUDE, BUT ARE NOT LIMITED TO, USING SERVICES: (I) WITH SERVER DEVICES OR WITH HOST COMPUTER APPLICATIONS, INCLUDING, WITHOUT LIMITATION, WEB CAMERA POSTS OR BROADCASTS, CONTINUOUS JPEG FILE TRANSFERS, AUTOMATIC DATA FEEDS, TELEMETRY APPLICATIONS, PEER-TO-PEER (P2P) FILE SHARING, AUTOMATED FUNCTIONS OR ANY OTHER MACHINE-TO-MACHINE APPLICATIONS; (II) AS SUBSTITUTE OR BACKUP FOR PRIVATE LINES OR DEDICATED DATA CONNECTIONS; (III) FOR VOICE OVER IP; (IV) IN CONJUNCTION WITH WWAN OR OTHER APPLICATIONS OR DEVICES WHICH AGGREGATE USAGE FROM MULTIPLE SOURCES PRIOR TO TRANSMISSION; (V) USING THE SERVICES FOR ANY ACTIVITY THAT ADVERSELY AFFECTS THE ABILITY OF OTHER PEOPLE OR SYSTEMS TO USE EITHER THE SERVICES OR OTHER PARTIES' INTERNET-BASED RESOURCES INCLUDING, BUT NOT LIMITED TO EXCESSIVE CONSUMPTION OF NETWORK OR SYSTEM RESOURCES (WHETHER INTENTIONAL OR UNINTENTIONAL) AND "DENIAL OF SERVICE" (DOS) ATTACKS AGAINST ANOTHER NETWORK HOST OR INDIVIDUAL USER; OR (VI) INTERFERENCE WITH OR DISRUPTION OF OTHER NETWORK USERS, NETWORK SERVICES OR NETWORK EQUIPMENT. EXCEPT FOR CONTENT FORMATTED IN ACCORDANCE WITH AT&T'S WIRELESS CONTENT STANDARDS, UNLIMITED PLANS CANNOT BE USED FOR UPLOADING, DOWNLOADING OR STREAMING OF VIDEO CONTENT (E.G. MOVIES, TV), MUSIC OR GAMES. FURTHERMORE, PLANS (UNLESS SPECIFICALLY DESIGNATED FOR TETHERING USAGE) CANNOT BE USED FOR ANY APPLICATIONS THAT TETHER THE DEVICE (THROUGH USE OF, INCLUDING WITHOUT LIMITATION, CONNECTION KITS, OTHER PHONE/PDA-TO-COMPUTER ACCESSORIES, BLUETOOTH® OR ANY OTHER WIRELESS TECHNOLOGY) TO LAPTOPS, PCS, OR OTHER EQUIPMENT FOR ANY PURPOSE. Service is not intended to provide full-time connections, and the Service may be discontinued after a significant period of inactivity or after sessions of excessive usage. AT&T reserves the right to (i) limit throughput or amount of data transferred, deny Service and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network and (ii) protect its wireless network from harm, which may impact legitimate data flows. You may not send solicitations to AT&T's wireless subscribers without their consent. You may not use the Services other than as intended by AT&T and applicable law. Plans are for individual, non-commercial use only and are not for resale.

Security:

AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services sold by AT&T. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures.

Changes to the terms and conditions:

These terms and conditions may be changed from time-to-time. AT&T will post the most current version of these terms and conditions at att.com/MediaTerms or other appropriate location. Please check these regularly to inform yourself about changes to the terms and conditions.

Access Requirements:

Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. AT&T is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.

Miscellaneous:

Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. If your usage of the Services (including unlimited data plans) on other carriers' wireless networks ('offnet usage') during any two consecutive months exceeds your offnet usage allowance, AT&T may at its option terminate your wireless service or access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for offnet usage. Your offnet usage allowance is equal to the lesser of 6 megabytes or 20% of the kilobytes included with your plan and for messaging plans the lesser of 3000 messages or 50% of the messages included with your plan. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement. You may be required to (1) use a device programmed with AT&T's preferred roaming database; and (2) have a mailing address and live in the United States, Puerto Rico or the U.S. Virgin Islands. AT&T is not responsible for loss or disclosure of any sensitive information you transmit. AT&T's wireless services are not equivalent to landline Internet. AT&T is not responsible for nonproprietary services or their effects on devices. If applicable, use of Desktop Toolbar requires compatible home computer products. AT&T reserves the right to terminate your Services with or without cause, including without limitation, upon expiration or termination of your Wireless Service Agreement. Caller ID blocking is not available when using the Services, and your wireless number is transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per-message charge may apply whether the message is read or unread, solicited or unsolicited.

Additional Terms:

See below for additional terms relating to specific Services. In addition, all use of AT&T's wireless network and the Services is governed by AT&T's Acceptable Use Policy, which can be found at att.com/AcceptableUsePolicy, as determined solely by AT&T. AT&T can revise its Acceptable Use Policy at any time without notice by updating this posting. Use of the Services is subject to Terms and Conditions of your Wireless Service Agreement. See Wireless Service Agreement, att.com/wireless or AT&T Customer Service for additional conditions, restrictions, privacy policy and information.

Intellectual Property:

All trademarks, service marks and trade names used on or in connection with the Services are the property of their respective owners. You must respect the intellectual property rights of AT&T, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by AT&T or accessed through the AT&T's websites. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed or otherwise exploited, in whole or in part, without the permission of the owner. The GSM lettermark is a trademark of the GSM Association. The RIM and BlackBerry families of related marks, images and symbols are the exclusive properties and trademarks or registered trademarks of Research In Motion Limited ' used by permission. Good, the Good logo and GoodLink are trademarks of Good Technology, Inc., in the United States and/or other countries. Good Technology, Inc., and its products and services are not related to, sponsored by or affiliated with Research In Motion Limited. AT&T, AT&T logo and Cingular are trademarks of AT&T Knowledge Ventures and/or AT&T affiliated companies. Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. © 2007 AT&T Knowledge Ventures. All rights reserved.



There you have it. Thats the 7,700 plus terms and conditions for AT&T's data wireless service. Now there have some complaints about some of the conditions of AT & T . For instance, this statement apparently means that you can be charged twice for one call.

“You may be charged for both an incoming and an outgoing call when incoming calls are routed to voicemail, even if no message is left.”

Here's another controversial statement, it states that their unlimited data plan is not unlimited,

“AT&T reserves the right to (i) limit throughput or amount of data transferred, deny Service and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network “

If you want to learn more about the negative or controversial parts of AT&T's terms and conditions then you can check them out at mouseprint.org or at TeleTruth. I hope this post has helped you gain a better understanding of AT&T's terms and conditions. Remember to read the fine print of any service that you sign.