Archived from groups: alt.cellular.cingular (
More info?)
Well, it used to work. I'm not talking about inside my apartment, but, the
parking lot, and within a square mile of this area. I spoke to Customer
care about the situation and I was told that my area is rated low to medium
for GSM coverage. So I'm saying they are not providing the service that I
am paying for. That's all.
"Todd Allcock" <elecconnec@aol.com> wrote in message
news:de37a2e0.0404271045.2dc81b53@posting.google.com...
> "Robert M." <rmarkoff@msn.com> wrote in message
news:<rmarkoff-36C6D3.21002126042004@news05.east.earthlink.net>...
>
> > > I doubt they will, and legally they don't have to. It's not a matter
of the
> > > phone/service being unusable. It is a matter of you not getting
service in
> > > that particular place, which is covered in their terms.
> >
> > The Contract is a legal wish list, which they hope you will blindly
> > believe. DON'T.
>
>
> While some of the contract terms are likely to fall apart in court,
> your tireless rant about "fit for purpose" isn't a catch-all for every
> situation.
>
> In the OP's case, his phone doesn't work in his apartment . Now if it
> USED to work there then coverage changed so it stopped working there,
> the OP has a case (the standard contract "coverage not guaranteed"
> clause notwithstanding!) However, you'd have a very hard time
> convincing a judge (or arbitrator) that you never got around to
> checking coverage at home during the 14-30 day trials offered by the
> wireless company. Not cancelling during the trial period pretty much
> admits you accepted the service as it performed at that point.
>
> > Don't ask to bet let out of contract. Demand it.
>
> Go ahead. Just don't be surprised if Cingular doesn't ask for an EFT,
> but instead DEMANDS it.
>
> > Basic common law, a
> > cell phone sold to you must be fit for purpose. if you can't use it,
> > they can't charge you.
>
> Fit for WHAT purpose? It's a MOBILE telephone. It's a phone, and
> it's mobile. By definition, it's "fit for purpose". It doesn't work
> in his APARTMENT- not the city at large. If his LANDLINE phone
> doesn't work in his apartment, that's not "fit for purpose!"
>
> > If they refuse, write to your State's Attorney
> > General, with Certified copy to HQ in Atlanta.
>
> Now, if you are suggesting the OP makes enough of a nuisance of
> himself that Cingular will let him out just to get rid of him, that
> may work, but stop wrapping it in this righteous "fit for purpose"
> bulls**t. The OP has no legal (or moral) grounds for severing his
> contract without penalty unless the service quality at his home has
> changed materially since his service began, and nothing in his
> original post indicated that's the case.