Tax Counsel
Well-Known Member
Where did you buy the phone? Did you buy it directly from AT&T, an independent store that sells AT&T products and slapped an AT&T sign on it, or someplace else? Remember that while the service contract is with AT&T if it didn't sell you the phone then you would need to sue the place that did sell you the phone. In what state did you buy the phone and how much money is really at stake here? Even small claims court has some costs associated with it, and if the amount at issue here is not very large it may not be worth your time and money to sue over it.
I've said this before on these boards: don't jump to the conclusion that the rep lied. It may well be that the rep you spoke with thought that what he or she was telling was accurate. Front line sales reps, particularly at independent cell phone stores, often are not completely knowledgeable about the products they sell. Their job is selling stuff and they know just as much as needed to do that job.
Next, I'll touch on a important part of contract law that many people do not realize. Where there is a written contract between the parties, any oral representations made before the contact is signed are generally not admissible as evidence. Lots of things are said when negotiating the deal, and none of that matters if it's not in the final written contract. The idea behind that rule is that the parties would include all the important parts of the deal in the written contract. That's the best evidence for a court to rely upon in a contract dispute. That means that it's important to read the contract before signing it (and I read the bit where you said you didn't sign it, and I'll come to that). Cell phone services always have written contracts. So the smart thing to do is to read the actual contract you will have (not one where important blanks are not completed) before you put your money down and make sure you have a copy of the signed contract before you walk out the door.
In your case, you say you didn't sign it. If you can convince the court of that, that will help you because in that case the testimony regarding what was promised verbally would be admissible. But if you had actually signed the contract, a court will presume you read it (your own statement to the contrary notwithstanding). That's something to keep in mind in the future.
Read the contract that was e-mailed to you and see if it has an arbitration provision in it. Whether the court will enforce that will depend a lot on what the judge determines about your signature (or lack of signature) on the contract. You may find that you'll have to go arbitration for this rather than taking it to court. The good news is that consumer arbitration tends to be cheap; some companies will pay the full cost of the arbitration regardless of what the arbiter decides. Also, consumer arbitration rules tend to be pretty informal. The bad news is that depending on the contract the arbiter has with the company he or she might have an incentive to find a way to rule in the company's favor.
Sometimes corporations will make things right after the sale when a misunderstanding or mistake is made, even if the mistake was made by an independent operator. They do that, particularly in cell service contracts, because they want to keep you as a customer. The real profit for cell phone companies is not in selling the phones. That's why cell phone companies discount the retail price of the phone. Too many people don't really look at the terms of service and focus mostly on the price of the phone, which is what they hope you'll do.
AT&T and the other cell phone carriers want you to be happy so you'll stay a customer and keep paying the monthly bill. That gives it an incentive to try to keep you happy. So before you go rushing to the courthouse, I suggest you talk directly with AT&T's main customer service line or, if you bought it at an actual AT&T store, go back and discuss what happened and what the rep did and see if they'll be able to get you the service options you wanted at the price you were quoted.
