Now that the California Courts have ruled that ETFs are illegal, does Consumerist have any advice for consumers, like me, who have an outstanding ETF debt with a non-Sprint carrier?

I ask because I canceled my 2002 Cingular (at the time) service due to horrible coverage, terrible customer service, and that I had to routinely call every stinking month to have bogus text message spam charges removed. I switched services, and after doing so, Cingular stuck me with a $270 early termination fee, failed to inform me of the fee or that it was going into collections, and next thing I know, I'm in collections for $580. I didn't find out about this until recently, as I am about to purchase a new car and needed a copy of my credit report.

I initially refused to pay because my cancelling my service was completely justified on my part; the service and coverage I was told I would receive when I signed the contract was NOT at all what I actually did receive. I also refused because their raising of text message fees was a materially adverse change to the contract. Neither Cingular nor their collections drones care.

You can imagine my excitement to hear that ETFs are illegal. I would like to file a suit in small claims against the collections agency and ATT (as successor in interest to Cingular) to recover damages incurred as a result of their sending my account, erroneously, into collections over the ETF AND for attempting to force me to pay a fee which is now known as illegal.

Any advice or leads for advice would be greatly appreciated.

You should obviously talk to a lawyer for real legal advice, "Jurgis," but for now you might want to break your problem into two separate issues:

1. You have a collection on your account that you are disputing;
2. That collection is an ETF, which may end up being illegal banned/voided in your state.

Forget about the legality of the ETF for now; you should file disputes with all three major credit reporting agencies over the $580 collection. The original problem exists regardless of what happens in state or federal court, which is that the company didn't honor their side of the agreement, then failed to notify you that they were sending it to a collection agency.

As to last week's news that ETFs are "illegal" in California, Sprint Nextel will almost certainly file an appeal. Additionally, the ruling might not stand if the FCC moves ahead with its industry-backed plan to step in and say states can't regulate carrier fees. (And if they do, then that might be overturned if states take the FCC to court.) Update: according to outphase, this court's ruling isn't binding upon any other court, or even on itself.

Find a local lawyer to ask whether you can take advantage of the ETF ruling, but our guess is for your immediate needs it won't matter.

That doesn't mean you can't try small claims court anyway, though, if you want to claim that Cingular didn't honor its agreement and that their text rate increase meant you were given the opportunity to legally get out of contract. (Here's a story of a reader who took this route with a subcontractor and won.)

(Photo: Getty

One way to escape your contract is to call up your carrier and argue that they have made a materially adverse change to your service agreement. Most cellphone contracts contain a clause allowing customers to escape their contracts if a materially adverse change is made, usually in the form of a rate increase. Here's an example clause from a Verizon contract:

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.

Below are some recent rate increases by the major providers. Some of these might have occurred far enough back that they are outside the window to call and complain, but we've also heard from readers who didn't get any notice, or who got late notice, thus keeping them within the required period to contest the change.
T-Mobile
We posted about this a couple weeks ago, but just to reiterate: T-Mobile is raising its text message rates on August 29th. That's a materially adverse change to your contract. Run while you can.
Verizon
Although Verizon likes to play dumb about what constitutes a materially adverse change to your contract, a Verizon fee increase was the impetus for this article: A reader writes in that he used Verizon's recent Federal Universal Service Charge increase to escape without an ETF. Here is Verizon's increase notification:

The Federal Universal Service Charge (FUSC) is a Verizon Wireless charge that is subject to change each calendar quarter based on contribution rates prescribed by the FCC. On July 1, the FUSC changed to 2.42 percent of assessable wireless charges, other than separately billed interstate and international long distance charges. The FUSC on these charges changed to 11.4 percent.

Sprint Nextel
There are conflicting reports that, as of July 13, Sprint will be eliminating its SERO plan altogether, or making existing customers switch to unlimited data "everything" plans, or just forcing that on new PDA customers. Barring that, a text message increase probably isn't too far away.
Other Techniques
We offered advice on escaping your contract last year when the iPhone first came out. Besides complaining about materially adverse changes, you can sell your contract, complain that service is substandard, move to an area out of your network, join the military, or die.

PREVIOUSLY: 6 Ways to Cancel Any Cellphone So You Can Get an iPhone
"Material Adverse" Clauses in Cell Phone Contracts [United Consumer Action Network]
(Photo: Getty)

Here's his full email:

I have been working for ATT (Cingular, before SBC bought ATT Wireless) and starting March 11th, they are going to be doing a trial in the Southeast Market in charging customers who call in to make a payment. $5 is the charge to be exact, and they expect it to roll out nationwide by May.

I would be forwarding you the official internal memo, but they do monitor our emails with Nazi prowess...so no official email from them..

This upsets me as two fronts, as first, a customer. Why the fuck would they CHARGE their customers for taking their payments?

"So, you're telling me I have to give you MORE money for giving you my regular payment?"

"Yep"

Secondly, it upsets me as an employee. I feel this is taking advantage of our customer's trust, because even when we put it on all of their bills, and let people know, there will be tons of reps that won't let the customer know they're being charged for taking their payment.

I feel that if this gets enough word and bad press, maybe this shit ball of a company will change its mind.

We doubt they'll drop the fee, though—it sounds like a classic case of a company deciding to no longer foot the bill for what was formerly an included customer service.

Prediction: someone will introduce "live operator" surcharges in the next 24 months.

(Photo: Guillermo Esteves)

Sigman began his career with Southwestern Bell Telephone as a stockman in 1965. He stayed with the company as it grew from the smallest Baby Bell to the nation's largest telecommunications company through a series of aggressive acquisitions.

You can now address your complaint letters to his successor, the less alliterative, but decidedly sexier-sounding Ralph de la Vega.

AT&T Mobile Phone Chief Retires [Associated Press]

AT&T Inc., the nation's largest phone company, isn't fighting the consumer shift, partly because its cellphone unit, which launched Apple Inc.'s iPhone this summer, is benefiting from the trend. Ralph de la Vega, AT&T's group president for regional telecommunications and entertainment, said in some parts of the country, the company is no longer requiring customers to buy land-line voice service in order to get a discounted rate on high-speed Internet access. He says: "Our point of view is, if you don't want it, we won't force you to buy it." The plan will be available nationwide by the end of the year.

Companies Try to Teach Old Phones New Tricks (subscription) [WSJ] (Thanks, Steven!)
RELATED: AT&T Giving Consumers The Runaround Over Secret $10 DSL
AT&T Will Sell $20 "Naked" DSL

Shroyer v. New Cingular Wireless Docket No. 06-55964 [PDF] (Thanks to Fred!)

"The class-action waiver is unconscionable because it effectively denies large numbers of consumers the protection of Washington's Consumer Protection Act," Justice Tom Chambers wrote.

The "mandatory arbitration" clause that many businesses use to help prevent consumers from suing often includes a clause that supposedly waives the consumer's right to a class action lawsuit. From the P-I:

Microsoft, RealNetworks, Amazon.com, Intel and the Association of Washington Business filed "friend of the court" briefs on behalf of Cingular, while AARP, the state attorney general and the National Association of Consumer Advocates supported consumers.

"We are still studying the court's ruling," an AT&T spokesman said Friday. "It is important to note that the ruling does not address the plaintiff's claims, but, rather, only the arbitration clause.

"We continue to believe that a consumer is better off pursuing a claim under our arbitration clause, rather than pursuing a class action."

State high court says consumers can't sign away class-action rights [Seattle P-I] (Thanks, Toren!!)
(Photo:cmorran123)

PREVIOUSLY: Cingular Tries to Get Class Action Lawsuit Thrown Out, Cites Arbitration Clause

Existing AT&T customers can keep their rate plan and add a $20 a month iPhone data plan. These customers can activate their own phones through iTunes. There are also special plans for new iPhone customers as well as family plans.

It looks like all customers will have to extend their contracts by 2 years in order to activate the iPhone, if the fine print is to be believed. "Minimum new 2-year wireless service plan and activation fee required to activate iPhone features, including iPod. Plans are subject to AT&T credit approval." They may even try to charge existing customers an activation fee, but we sort of doubt that. Let us know.

It looks like those of you who don't have AT&T and were planning on just buying this and using it as an iPod until your contract with another carrier ran out might run into some difficulty. But that wasn't too many of you, right?

All in all, signing a 2 year contract for the privilege of paying full price for a phone is (let us put this gently, it's nothing personal) not recommended by this website.

IPhone Rate Plans [Apple]

Turns out, the weirdo on the other line was really from AT&T and proceeded to disconnect Dustin's phone. Oh well. The rule still stands. Don't tell strangers who randomly call you your SSN or part of your SSN (it can be used to reset passwords) or your mother's maiden name or, really, anything about you. Tell AT&T you'll call them back, then call their switchboard.

"Hi, this is Bob from AT&T, I just need to confirm your address and ask you for the one piece of information I'm missing so I can empty your bank accounts, ha ha ha," is the oldest trick in the book.

Read Dustin's email inside.

Hi Consumerist,

At 9:30 this morning I received a phone call from someone claiming to be from AT&T/Cingular. They said my bill had been sent back and they needed to verify my address. I started saying my address, but the CSR interrupted and asked for the last 4 digits of my SSN. Coincidentally this is the info needed to reset a lost password, etc, within their website info. When I made the appropriate 'balking'-type grunt, the CSR insisted that it was only the last 4 digits of my SSN. At this point they were definitely sounding like methed-out identity thieves (MOIDs) who had stole my wireless bill. While I'm not sure what could be accomplished with my phone #, address, and last 4 digits of my SSN,

I'm not going to presume what a MOID could come up with. I asked them to contact me by email, which the CSR replied "We can't do that". I said I had to go and hung up.

Next time I tried to make a call, it turns out my phone had been disconnected and I would have to call them on a landline to get it turned back on. This process was relatively painless and took me about 5 minutes. My bill had got sent back to them because at some point my apartment number had somehow disappeared from the address on file. The CSR on this call apologized and said they should have sent me a text message before calling me. However, I still would have been suspicious there as well — what difference does a random text message make?

So, in conclusion, when AT&T (the new Cingular (the new AT&T)) loses your address in their files, they cold-call you like a MOID would and disconnect your line if you don't give them the personal info they demand. Luckily, I wasn't trapped under a snow bank or something.

Dustin

Consumerist asked AT&T for more information about their policy on cold calling customers and asking for personal information. We also asked if they had any information on preventing ID theft. AT&T chose not to respond to our inquiry.—MEGHANN MARCO

(Photo: cmorran123)

This is one of the most common complaints we get at Consumerist. We know you AT&T executives read this blog. You should tell your CSRs not to say this to people. That's our advice. We're giving you this advice as a one-time courtesy.

Meet Jonah. His cell phone was shut off due to an error in AT&T's automatic billing system. Johan writes:

So I try to escalate and she says "Well /as a courtesy/ I CAN waive that $36 fee, but I can only do it one time /as a courtesy/." A courtesy!?!? You screw up, you admit that your system is borked, you still tell me you're going to charge me $36 for your screw up, and then waiving the fee is a courtesy!?!? *argh*

Jonah writes:

My tale of wireless woes...

I was signed up for AutoPay to automatically deduct from my credit card each month. I get notification from my bank that my credit card is compromised. So I log into Cingular...The New AT&T to update my card. The system keeps reverting back to my old, now canceled card...*argh* So finally I cancel AutoPay and quickly sign up again with a new card. Now I think I have it set up...it is showing the last 4 digits of my new card. I don't think any more about it. Until today...I go to use my phone to call my wife and get told that my account is past-due and disabled *argh*.

I call in and they say they have text messaged me, called me and emailed me about this, which in past experience with credit card expatriations, they have, but not under The New AT&T apparently, I received absolutely no communication from them that my bill was past due.. Then they try to slap a $36 disconnect fee on me for their system screwing up...ummm...you guys messed up...not me! So I try to escalate and she says "Well /as a courtesy/ I CAN waive that $36 fee, but I can only do it one time /as a courtesy/." A courtesy!?!? You screw up, you admit that your system is borked, you still tell me you're going to charge me $36 for your screw up, and then waiving the fee is a courtesy!?!? *argh*

Lesson1: Don't rely upon any notification service that you are accustomed to from a behemoth service providing company.

Lesson2: If you get whacked with the $36 fee...you can apparently get it waived once.../as a courtesy/...just never expect to get that fee waived again for all of time.

Jonah

(Photo: detinelee)

The most important ones to know?

GSM: "Short for Global System for Mobile Communications, GSM is the most widespread standard for cell phones networks in the world. If you're a jetsetter who likes keeping in touch during your far-flung travels, you should go with a GSM-enabled phone, and here in the U.S., AT&T and T-Mobile are both GSM carriers. Besides the technical differences between CDMA and GSM networks (I'll spare you the details), the main distinction of a GSM phone is that it comes with a SIM (Subscriber Identity Module) card."

CDMA: "Short for Code Division Multiple Access, CDMA networks are much more prevalent in the U.S. than they are abroad, and while CDMA boasts many of the same features as GSM networks (including caller ID, call waiting, and text messaging), there are some key differences—namely, CDMA phones don't use SIM cards. Instead, your phone's identity and number are programmed into the handset by your carrier, and you can't easily switch numbers on CDMA phones as you can with SIM-equipped GSM phones. Also, CDMA phones can only handle three-way conference calls, versus six-way calls on GSM networks. Major CDMA carriers in the U.S. include Sprint, Verizon Wireless, and regional operator Alltel."

What this means for you: GSM phones can be "unlocked" and used with other carriers. Why is this important? If you have Cingular (AT&T) and want T-Mobile, you can keep your phone. Or, if you want to go to Europe, you can have your phone unlocked and buy a temporary SIM card from a European phone company.

With CDMA, you can't. Simple as that. —MEGHANN MARCO

Basic Cell Phone Acronyms You Need to Know [Yahoo!]
(Photo: TheeErin)

J.P. got one of these calls, and growing suspicious, she asked the lady to verify how many text messages she had sent in the past month. The caller was unable. J.P. hung up and called the number back on her caller ID, a woman at a wireless store at the local mall picked up....

(Photo: Paul Keleher)

I received a call from someone claiming to be "Cingular" on my cellphone, yet the caller ID displayed a local area code and phone number. The noise in the background didn't sound like a typical call center; I could hear kids yelling and running around. Strange. The woman explained that the $9.99 "Media Basic bundle" plan that I signed up for last year was going to expire, and could not be renewed. What they offered in its place were a separate "Unlimited Text messaging" plan for $19.99 and "Media Plan (internet)" @ $4.99 per 1MB. I told her that the store where I bought the phone said nothing about my current Media Plan expiring in a year. She replied "This feature is pre AT&T merger, and will be discontinued once they are consolidated. You need to change your plan now to avoid any disruption in service."

At this point I became pretty skeptical about the legitimacy of the call and in an attempt to challenge her said "Well, I really don't need unlimited text messaging and can probably go with something based on my usage. Can you tell me how many messages I've sent and received last month so we can pick a plan based on that?". After a very long and awkward pause, she told me that she was having a computer problem and unable to bring up that information on her screen.

"Well gee, I guess I may be out of luck then. Tell you what... Call me back later when your computer is fixed." and hung up.

I picked up my office phone and dialed the number on my caller ID.
"Hello Smart Wireless, this is Kim speaking. How can I help you?".
"Hi Kim, where are you located?"
"We're in the XXXXXXXXX Mall, second floor."
"Thanks."

That only proved that they weren't Cingular. I called Cingular's 800 number and asked about my Media Plan, and lo and behold... it doesn't expire and it's not going away any time soon no matter what happens in the merger. After I explained about the odd phone call, the rep said it wasn't them, and may have been one of their independent vendors and that they get calls about stuff like this ALL THE TIME.

Now I'm secretly hoping "Cingular" calls me back when my "Pre-Merger Media Plan" is "days away from expiration" so I can really take them for a ride. Anybody else run across this particular flavor of scam?

— BEN POPKEN

At one point, a Cingular (now the new AT&T) rep, offered a refund, but it won't show up for two months.

Essentially Cingular (now the new AT&T) wants him to pay the $349.99, let them keep it as an interest-free loan, and then they say they'll refund that.

That's not good enough for Chris.

His complaint letter, and our advice (hint: it begins with the letter E), inside...

(Photo: feelingcingular)

Chri writes:

Let me give you an overview, and see if this is something you'd be interested to hear about:

In January or February, I experienced data issues with my Samsung Blackjack phone, and went through a variety of troubleshooting steps including resetting the phone, getting a new SIM card, and finally Cingular Customer Support suggested I exchange my phone under warranty. When I received the refurbished(!!) phone, I followed Cingular's instructions to apply the label, seal the box using included tape, and drop it in any USPS mailbox.

Fast forward a few months. By the second week of April, I began receiving harassing phone calls from a Cingular warranty logistics contractor claiming that they had not received the phone, that I need to send the phone back to them, and that if they didn't get the phone within a few days, I would be charged $349.99. Obviously, I was caught by surprise as I had sent the phone back ages ago. When I spoke with their contractor, they were rude and unhelpful, unable to tell me anything. When I contacted Cingular, I was told that they did receive the phone, but didn't have a tracking number. After many more hours of phone calls, on April 17th or so, I was assured that everything will be taken care of, and I should not have to worry. After all, I did my part, and if the phone is lost, it isn't my fault.

When I checked my bill on May 7th, I saw my bill was increased by $349.99. Obviously, the Cingular rep had either lied to me to get me off the phone, or just screwed up. I spoke with a helpful rep by the name of Melissa Brown (who works 10 hour shifts, and has 3 kids at home to support — she told me this while we were waiting for someone who could actually get things done) who tried to help me solve my issue. She determined that I was in fact charged, and spent almost an hour and a half trying to find the tracking number for my returned phone that comes up only as a '*' in their system. When she was unable to find the tracking number, she put me in touch with a gentleman by the name of Mike M. from the warranty exchange. Mike went through the entire 'are you sure you mailed the package' process with me, and finally determined that he is able to provide me with a credit — it would take up to two billing cycles from now! Until then, I was told, I would have to pay the entire $349.99, and have the
amount credited back to my bill at a later date. So, in effect, Cingular was asking me to provide them with an interest free loan for $349.99. Unacceptable. Melissa, the customer service rep claimed that she could put the disputed amount on a 'payment plan', so that nonpayment of that amount would not cause Cingular to terminate my service. I had spent over two hours at this point, and I felt this was the best that could be done. At that point, I thanked them, and we ended our conversation.

Today, May 8th, after all the lies and screw-ups I've witnessed with Cingular, I felt that I ought to check up on Cingular to see if I was in for a surprise. Of course, there was no surprises here. When I called in, a barely-intelligible rep told me that I was responsible for the entire $349.99 plus my monthly bill, and failure to pay that will result in late fees and suspension of service. I immediately asked for her supervisor. After approximately 30 minutes of waiting, her supervisor determined that yes, what I was told on May 8th (which was completely different from what I was told on May 7th or in April) by the latest rep is correct, but she would try to figure out a way to prevent that from happening. Unfortunately, it's incredibly busy, and she would have to call me back in 5 minutes. It's been over an hour, and I'm not expecting a call back any time soon.

Unfortunately, I got suckered into a contract with these jerks, and I can't leave under fear of EVEN MORE charges. I'm at my wit's end, and I don't know how to resolve this situation so I can go on with my life without fear of harassment from Cingular or their arbitrary bills. If they had told me that I would be harassed every few hours by Warranty Exchange to return a phone that I had already returned, and eventually charged for someone else's screwup, I would have told them to shove their broken phone, and cancel the contract with ETF and go with another provider who might possibly screw me over less.

So, Consumeristas, what can I do in this situation?

Thanks,

Christopher in NJ

Chris, all you gotta do is these three things: escalate, escalate, escalate! Get your issue into the hands of decision making people. Make noise! Squeaky wheel, meet grease!

1-404-236-6000 Corporate HQ. Try asking for Mr Sigman's office. (There's also the other management listed here)
How To Launch An Executive Email Carpet Bomb

SLEW OF CINGULAR CORPORATE CONTACTS

About 35 direct numbers to people's desk and cellphones in the corporate offices. For an up-to-date list, go to
http://cingular.mediaroom.com/index.php?s=contacts

Letters to Cingular can be addressed to:

Cingular Wireless
5565 Glenridge Connector
Atlanta, GA 30342
Main phone number: 404-236-6000

Media Relations Contacts
National Contacts

Media relations planning and strategy, principal company spokesperson
Mark Siegel
Executive Director Media Relations
404-236-6312 (office)
404-374-2799 (wireless)
Email: mark.a.siegel@cingular.com

Corporate initiatives, marketing, sports-oriented sponsorships
(To apply for sponsorships, please go to www.cingular.com/sponsorship. Please do not email or call about applying for sponsorships as funding decisions are not made by public relations)
Clay Owen
Senior Director Media Relations
404.236.6153 (office)
404.538.0124 (wireless)
Email: clay.owen@cingular.com

Public policy initiatives, regulatory and legislative issues
Rochelle Cohen
Senior Director Media Relations
202-419-3007 (office)
202-341-5967 (wireless)
Email: rochelle.cohen@cingular.com

Consumer offers, handset/product initiatives, youth programs,
sponsorships (non-sports related)
Jennifer Bowcock
Director Media Relations
404-236-6319 (office)
404-213-1204 (wireless)
Email: jennifer.bowcock@cingular.com

or

Kelleigh Scott Beal
Manager, Media Relations
404-236-6321 (office)
404-285-0172 (wireless)
Email: kelleigh.scott@cingular.com

Business-to-business initiatives, industry analyst program
John Kampfe
Director Media Relations
973-637-9387 (office)
908-432-3473 (wireless)
Email: john.kampfe@cingular.com

Technology and network initiatives, industry analyst program
Ritch Blasi
Director Media Relations
973-637-9449 (office)
908-512-1760 (wireless)
Email: ritch.blasi@cingular.com

Hispanic and Diversity Public Relations
Maria Schnabel
Director, Hispanic Public Relations
404-236-6432 (office)
404-401-7477 (wireless)
Email: maria.schnabel@cingular.com

Regional Contacts
Please refer to specific states

Northeast Media Contacts

Maryland, Virginia, West Virginia, Washington D.C.
Alexa Kaufman
Director Regional Public Relations
301-489-3610 (office)
301-742-0888 (wireless)
Email: alexa.kaufman@cingular.com

Delaware, Eastern Pennsylvania, New Jersey, and New York City
Ellen Webner
Director Regional Public Relations
973-637-9357 (office)
201-532-7292 (wireless)
Email: ellen.webner@cingular.com

Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and Upstate New York
Kate MacKinnon
Director Regional Public Relations
781-690-5057 (office)
508-498-5547 (wireless)
kate.mackinnon@cingular.com

Northeast Regional Backup
Susan Ramsey
Director Regional Public Relations
973-637-9467 (office)
203-722-1145 (wireless)
Email: susan.ramsey@cingular.com

Southeast Media Contacts

Alabama, Georgia, Louisiana, Mississippi
Dawn Benton
Director, Regional Public Relations
404-236-5305 (office)
404-202-6335 (wireless)
Email: dawn.benton@cingular.com

Florida
Kelly Starling
Director, Regional Public Relations
561-775-4259 (office)
561-301-1414 (wireless)
Email: kelly.starling@cingular.com

Tennessee, Kentucky, North Carolina and South Carolina
Laurie Parker
Director, Regional Public Relations
615-221-3690 (office)
615-202-3463 (wireless)
Email: laurie.parker@cingular.com

Southeast Regional Back-up
Caroline Crowe
Director Regional Public Relations
678-867-4330 (office)
404-808-8254 (wireless)
Email: caroline.crowe@cingular.com

Central Media Contacts

Illinois, Iowa, Minnesota, Nebraska,
North Dakota, South Dakota, Wisconsin
Chris Comes
Director Regional Public Relations
847-765-3602 (office)
312-282-0539 (wireless)
Email: chris.comes@cingular.com

Kansas, Ohio, Western Pennsylvania,
Indiana, Missouri, and Michigan
Tara Traycoff
Director, Regional Public Relations
314-543-6435 (phone)
314-809-6112 (wireless)
Email: tara.traycoff@cingular.com

Arkansas, Oklahoma and Texas
Frank Merriman
Director Regional Public Relations
469.229.7613 (office)
214-538-3496 (wireless)
Email: frank.merriman@cingular.com

Central Region Backup
Meg Frainey
Director Regional Public Relations
469-229-7784 (office)
214-497-6072 (wireless)
Email: meg.frainey@cingular.com

West Media Contacts

Arizona, New Mexico, Northern California, and Reno
Lauren Garner
Director Regional Public Relations
Phone: 925-819-5362 (wireless)
Email: lauren.garner@cingular.com

Colorado, Idaho, Montana, Oregon, Utah, Washington, and Wyoming
Mike Broom
Director Regional Public Relations
425-580-7710 (office)
206-390-5993 (wireless)
Email: michael.broom@cingular.com

Greater Los Angeles, Las Vegas, San Diego, and Hawaii
Art Navarro
Director Regional Public Relations
562-468-6520 (office)
949-300-1329 (wireless)
Email: art.navarro@cingular.com

West Regional Back-up
Mike Broom
Director Regional Public Relations
425-580-7710 (office)
206-390-5993 (wireless)
Email: michael.broom@cingular.com

— BEN POPKEN

Seemed that when he was in Cingular store earlier that day, the salesman had added on an extra service to Matt's account without his permission, a $19.95/month service that would let him access wireless internet at airports.

The rep on the call, which Matt recorded, basically admits that Cingular store salesmen will add on features that you didn't ask for, just so they can make bonus!

He asks why this service would be on there that he didn't request. She says, "...when you go into a store, they make commission, but I'll just erase this for you...it's best just to go through the phone when you want something, because they're just all about commission, unfortunately."

The service had a 30 day free trial period, so Matt wouldn't have noticed for a month if he hadn't called and checked.

This call was recorded in 2005, so surely they've put a stop to this by now... — BEN POPKEN

Cingular: Here I Come...FUCKERS! [Matt And That]
(Photo: dmeyer)

(Photo: FastFords)

SPRINT/NEXTEL
When You Don't Have To Pay An Early Termination Fee
You aren't responsible for paying an Early Termination Fee when terminating Services: (a) provided on a month-to-month basis; (b) consistent with our published trial period return policy; or (c) in response to a materially adverse change we make to the Agreement as described directly below.

Our Right To Change The Agreement & Your Related Rights
We may change any part of the Agreement at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of changes that may impact you in a manner consistent with this Agreement (see "Providing Notice Under This Agreement" paragraph). Except as provided below, if a change we make to the Agreement is material and has a material adverse affect on you, 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.
The following, without limitation, will generally not be considered changes to the Agreement as contemplated in this provision and will not result in the waiver of applicable Early Termination Fees: (a) changes to our Policies; (b) changes to rates or charges that are not a core part of the rate plan package for which you contracted - for example, incidental, occasional or casual use charges and other options that do not require a Term Commitment; (b) changes to Taxes & Government Fees; or (c) changes to Surcharges, including assessing new Surcharges.

Our Right To Suspend Or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) late payment; (b) exceeding an Account Spending Limit ("ASL"); (c) harassing/threatening our employees or agents; (d) providing false information; (e) interfering with our operations; (f) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement; (g) breaching the Agreement, including our Policies; (h) providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications; or (j) if we believe the action protects our interests, any customer's interests or our network.

T-MOBILE
Changes to the Agreement or Charges. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IF WE: (A) INCREASE THE CHARGES INCLUDED IN YOUR MONTHLY RECURRING ACCESS RATE PLAN, OR (B) MODIFY A MATERIAL TERM OF OUR AGREEMENT WITH YOU AND THE MODIFICATION WOULD BE MATERIALLY ADVERSE TO YOU, WE WILL NOTIFY YOU OF THE INCREASE OR MODIFICATION AND YOU CAN CANCEL THAT SERVICE WITHOUT PAYING A CANCELLATION FEE (WHICH IS YOUR ONLY REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE. IF YOU DO NOT CANCEL YOUR SERVICE BY FOLLOWING THOSE INSTRUCTIONS, OR YOU OTHERWISE ACCEPT THE CHANGE, THEN YOU AGREE TO THE INCREASE OR MODIFICATION, EVEN IF YOU PAID FOR SERVICE IN ADVANCE. IF THE NOTICE DOES NOT SAY HOW LONG YOU HAVE TO CANCEL, THEN IT IS WITHIN 14 DAYS AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CHARGES FOR PRODUCTS, SERVICES, OPTIONAL SERVICES, OR ANY OTHER CHARGES THAT ARE NOT INCLUDED IN YOUR MONTHLY RECURRING ACCESS RATE PLAN (SUCH AS DIRECTORY ASSISTANCE, ROAMING, DOWNLOADS, AND THIRD-PARTY CONTENT) ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, AND IF YOU CONTINUE TO USE THOSE SERVICES, OR YOU OTHERWISE AGREE TO THE CHANGES, THEN YOU AGREE TO THE NEW CHARGES. VISIT OUR WEB SITE, RETAIL LOCATIONS, OR CALL CUSTOMER CARE FOR CURRENT CHARGES.

VERIZON
Our Rights To Make Changes
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.

CINGULAR (this one probably won't help you at all)
Changes to the terms and conditions: These terms and conditions may be changed from time-to-time. Cingular will post the most current version of these terms and conditions on the MEdia Net web site (www.cingular.com/medianet) or other appropriate location. Please check these regularly to inform yourself about changes to the terms and conditions, policies, news, etc.

CTIA CONSUMER CODE
Provide Customers the Right to Terminate Service for Changes to Contract Terms
Carriers will not modify the material terms of their subscribers' contracts in a manner that is materially adverse to subscribers without providing a reasonable advance notice of a proposed modification and allowing subscribers a time period of not less than 14 days to cancel their contracts with no early termination fee.

"Material Adverse" Clauses in Cell Phone Contracts [UCAN]

AT&T claims it is required by the FCC to pay the in-state connection fees set by each state. That would be nice, except according to an FCC spokesman, "Calling card rates aren't regulated. Period."

More AT&T doublespeak, after the jump...

(Photo: mrbill)

AT&T adamantly insists, however, that the charges are not a rate increase, but a "reclassification." In a sign of how far AT&T has wandered from the range, their billing practices have not been followed by either Sprint or Verizon; each charge their prepaid calling card users one minute per minute of in-state talk time.

The full list of charges from AT&T's Prepaid Calling Card Terms and Conditions:

For calls that begin and end within the same state, minutes are deducted at the following rates per minute of talk time:
1 minute: DC, IL, IN, MA, RI, USVI;
3 minutes: AL, AR, CA, CT, DE, GA, HI, KS, KY, LA, MD, ME, MI, MS, NE, NJ, NM, NV, NY, OH, OR, PR, SC, TN, UT, WI, WV;
5 minutes: AK, AZ, CO, FL, IA, ID, MN, MT, NC, NH, OK, PA, TX, VA, VT, WA, WY;
8 minutes: MO, ND, SD.

AT&T now charges eight minutes for one of these one-minute calls in Missouri [St. Louis Post-Dispatch]

We actually contacted the companies that were listed in the press [reports] and said our rules prohibit you from blocking consumers' access to any of the service providers... One had stopped blocking, but we heard complaints the next week that they were restricting access, sort of narrowing the pipe. We called them back and said, no, no, you can't artificially degrade [service] either.

FCC Chairman Martin to Telcos: No Blocking Iowa Calls [GigaOM via Boing Boing]
Consumer Complaint Form [FTC]
PREVIOUSLY: Cingular, Sprint, And Qwest Block Access To Free Conference Call Services
(Photo: Jiri Kopsa)

Cingular, whatever you're paying these guys, it's not enough! They need some more money so they can finish the rest of their law degree by mail courses. — BEN POPKENBe Careful How You Link To Cingular.com [Harry Maugans]

ABC7 found some outraged analog phone owners to interview about the topic:

John Borg: "I have like eight bills here that show the charge and that times a lot of customers is a lot of money."

Ed Wolf found out upgrading also means a new contract that costs more and gives fewer minutes.

Ed Wolf: "There's probably a lot of other customers in the same situation as me and they don't even realize it.

Those lower monthly rates are no longer offered, but Cingular will give perks like free roaming, national coverage, and they promise fewer dropped calls.

Cingular also offered Ed Wolf a free razor phone if he upgrades. They offered John Borg 200 extra minutes, but Wolf says he'd rather hang on to his simple phone.

Ed Wolfe: "to me a phone is a phone. i don't need all these bells and whistles.

And Borg?

John Borg: "I switched to a new provider."

One of the big impacts is a lot of customers who were grandfathered in with low monthly rates are going to lose them when analog system ends next year. You may recall that was allowed by an FCC ruling four years ago and this is one of those ripple effects.

Cellphones aren't like rent controlled apartments, guys. If you have an old analog phone, don't wait until they shut it off next year to upgrade! Read our Confessions series on cellphones and get out there and negotiate! —MEGHANN MARCO

Cingular Charging New Fees To Some Customers [ABC7]
(Photo:Mr. Bill)

RELATED:How Joe Saved Hundreds Of Dollars Using Confessions Of A Cellphone Sales Rep

For those that don't know, some Cingular phones using the GSM system have this problem where if the phone is near a tv or speakers, before a call comes through you will hear a tkktktktttt through the speakers. In Justin's case, the interference sound blew out his speaker. Probably because he had it turned up high while working on an audio project, but that still doesn't make it ok. Cingular doesn't warn customers before they buy about the RF interference, either.

Full of a rampaging evil Cingular logo, exploding electronics, and sad speakers, this is one of the most impressive consumer-revenge art pieces we've seen.

Justin is hardly alone. Cingular cellphones spewing RF interference is well documented and complained about, isn't the FCC supposed to regulate this?

Maybe this funny and cool animation will bring some light to the issue. — BEN POPKEN

Feeling Cingular [Official Site]

Earlier this year, AT&T's Cingular division and Travelocity both pledged not to advertise anymore via adware—programs that slip onto PCs and inject ads into a user's browser. Verizon took a stance against computer invaders when it became a sponsor of an antispyware initiative. Yet, in March, ads from all three companies were being distributed through adware.

These businesses, along with Comcast and Vonage, acknowledge that their ads have surfaced in adware, but say they never intended for that to happen. The incidents raise a troubling question: Have advertising networks grown so complicated that sponsoring firms can't control where their ads appear, or are the companies simply not being vigilant enough?

So how do seemingly respectable companies (yeah, yeah, we know) end up giving their advertising dollars to shady adware distributors?

Verizon banner ads were showing up on sites like Google because of a program called DollarRevenue. Once installed on a PC, the DollarRevenue software can inject ads on Web sites in the same way FullContext does. McAfee and Symantec both quarantine DollarRevenue when they find it on users' PCs, calling it a high-risk program.

"Something went wrong," says Jim Smith, a Verizon spokesperson. He says Verizon did business with an advertiser that contracted with another advertiser to distribute the ads. That firm in turn contracted with another advertiser. While Verizon permits redistribution of ads, Smith says, it prohibits the use of adware to show Verizon ads. He says Verizon suspended the advertiser from distributing ads until further review.

Ben Edelman
Companies Can't Break Ties to Adware [PC World]

PREVIOUSLY: Are Cingular And Travelocity Still Supporting Adware?
Priceline, Travelocity and Cingular Settle Over Adware Charges

If you dig through all the fine print in your cell phone contract, you'll most likely discover a statement that reads something like this: "Should your cell phone be lost or stolen you are responsible for any costs incurred for unauthorized calls made prior to reporting the cell phone missing."

Unlike a credit card, cellular contracts are not required to limit liability for fraudulent charges. But it's also important to realize that the extent of your liability as stated in your contract is your provider's policy — it's not a law.

Ten Steps to Cell Phone Security [Yahoo! Finance]

Owing to limitations in Emergency-911 technology, the dispatcher probably won't be able to pinpoint your location. Unless you can get to a pay phone — not an option in this case — you'll probably have to give the dispatcher detailed information about your location so emergency personnel can find you.

"Just because you dial 911 on your cellphone, the call-taker doesn't necessarily know where you are," warns Bob Gurss, director of legal and government affairs for the Association of Public-Safety Communications Officials (APCO.)

There are two types of systems for wireless 911 access: network-based and GPS (Global Positioning System). Network-based systems use multiple cell sites to get a fix on a caller's location. GPS systems work off chips in cellphones and determine location from a constellation of low-orbiting satellites. Both have pluses and minuses.

Network-based systems tend to work better in urban areas where cell sites are plentiful. They are less reliable in rural areas, where one site may cover many square miles.

GPS is the opposite. Because it relies on satellite signals, it can be highly accurate in open areas. But it's less reliable in urban settings where buildings and other structures can block satellite signals. Weather also can be an issue.

Verizon Wireless, which uses GPS, "works dead-on" in rural areas, says spokesman Jim Gerace.

"But if you're (calling 911) indoors, we suggest customers get close to the window" to improve GPS performance, says Fran Malnati, an executive director.

• Cingular and Tmobile: Good in cities. Bad in rural areas. Really bad. Possibly only able to "pinpoint" you within a 5 mile radius.
• Verizon and Everyone Else: Good in the middle of nowhere or outside. Bad in cities.

FCC Chairman Kevin Martin is in favor of tightening the rules about how wireless companies are required to report their 911 performance. Currently, they only have to calculate their coverage on a nationwide basis and will not share statistics about local performance. —MEGHANN MARCO

Growing wireless use highlights limitations of 911 [USAToday]
(Photo:Marike79)

The memo Cingular prepared in the wake of last week's massive Blackberry outage, after the jump...

(Photo: Unhindered by Talent)

The memo:

What's Happening?
The nationwide RIM outage received a great deal of publicity and some customers are calling to request service credits. BMG leadership has decided that any customer requesting the request should receive a 1 day service credit.

How Am I Impacted?
ANS should NOT transfer these calls to BEUC (Business End User Care.) For this issue only, our ASRs will apply the credit.

If you receive a call in which the customer requests a credit for the RIM outage this week:

1. Explain that due to the inconvenience of the nationwide RIM outage affecting all carriers, Cingular the New AT&T is happy to provide a one day service credit for the loss of service. The credit will appear on the customers next invoice.

2. Identify the monthly service charge for the RIM service

3. Complete the attached e-mail template and send it to the ASRs

4. Quote the customer the amount of their credit based on the table below

5. If the customer is not satisfied please politely explain that the outage occurred for less than 24 hours and that 1 day's service credit covers that loss of service. If necessary, escalate to team managers or floor support using normal escalation procedures. Do not transfer the call to BEUC.

Credit Amount based on the Monthly Service Charge (MSC):
Customer's Monthly Service Charge for Blackberry / Credit Amount

• $74.99 / $2.50
  
• $69.99 / $2.33
  
• $64.99 / $2.17
  
• $59.99 / $2.00
  
• $49.99 / $1.67
  
• $44.99 / $1.50
  
• $39.99 / $1.33
  
• $34.99 / $1.17
  
• $29.99 / $1.00

From the Spokesman Review:

Most of the charges in the 32-page Cingular Wireless invoice stem from Baker's use of a cellular laptop card for business while traveling. Baker said he struggled to get the card to work and had to download files repeatedly, hindering his business. When he returned, his bill showed he used hundreds of thousands of kilobytes of data transfer service at about 2 cents each while roaming overseas.

Baker, who returned from his trip in January, said he spent hours on the phone with Cingular representatives protesting the bill. Though company employees offered a credit, he said, nothing materialized. His latest bill shows a balance of $7,124.

"Right now, I have 10 hours plus on this deal, and I'm not very happy," he said.

Cell phone user gets wrong signal [Spokesman Review]
(Photo:Lithoglyphic)

The inability of students and others at Virginia Tech in Blacksburg, Va., to make cell phone calls during the April 16 shooting tragedy added to the chaos surrounding the events of the day, students and others have reported in media interviews.

"We did see some call blocking," [Verizon's Spokesperson] said. "We did also see some heavy text message traffic. A lot of folks have learned that it's much easier to get a text message through at that time than to get a voice call through."

"We had no problems with text messaging," [Cingular's Spokesperson] noted. "It's a great alternative in these situations."

Wireless Problems Played Part in Chaos at Virginia Tech [Eweek]

"Verizon became the new market leader in terms of total direct retail subscribers/customers, with a total of 56.8 million, against 56.3 million for Cingular," said IDC's Julien Blin in a statement.

Verizon Regains Lead In Wireless Subscribers; Sprint Gets Some Good News [Information Week]

"He says the amateur mistake that they made is not having a removable battery," Dvorak said. "You run 20 minutes and you're using up half the battery power. You get 40 minutes total talk time. And the interface fouls up constantly."

Given the overheating, random shutting down, and burning power cord problems, grease buildup and other problems when the new Macbooks launched, this rumor could portend similar product defects when the iPhone releases in 2 months. Interested buyers should probably wait a few months after launch for Apple to work out all the bugs. — BEN POPKEN

[TWiT 93 via theappleblog via Gizmodo]

AT&T Inc. said on Tuesday it has taken a step toward the long-promised notion of phones replacing credit cards, checks and cash by signing agreements with Wachovia Corp. (WB.N: Quote, Profile, Research) and several other banks.

The agreements will allow customers of its Cingular Wireless arm, which is being rebranded as AT&T, and participating banks to manage their accounts and pay bills electronically by using an application on their cell phones
.
While the use of mobile phones for transactions is in its nascent stages in the United States, such services are already available in parts of Europe and Asia.

In Japan, people commonly shop with their mobile phones by just waving their handset instead of swiping credit card.

UPDATE 2-Cingular launches U.S. mobile banking [Reuters]
(Photo: Mooshies)

Read the lists inside.

 Top 10 Programs: Product Placement
 2006

 Program Network Total # Occurrences
 American Idol FOX 4,086
 Amazing Race CBS 2,790
 Extreme Makeover Home Edition ABC 2,787
 The Biggest Loser NBC 2,478
 America's Next Top Model UPN/CW 2,309
 King of Queens CBS 1,954
 Hells Kitchen FOX 1,909
 The Apprentice NBC 1,831
 Rock Star Supernova CBS 1,609
 Big Brother 7 CBS 1,591
 Total 23,344 

 Top 10 Brands: Product Placement
 2006

 Brand Total # Occurrences
 Coca-Cola Soft Drinks 3,355
 Chef Revival Apparel 1,592
 Nike Apparel 1,307
 24 Hour Fitness CTRS-CLUBS 894
 Chicago Bears FTBL TM 604
 Dell Computers SYS 556
 Cingular Wireless TEL SRVCS 533
 Nike SPRT FTWR 497
 Starter Apparel 496
 SLS Electronic Equip Speakers 489
 Total 10,323

 Source: Place*Views, Nielsen Product Placement Service 

The Chicago Bears? What? According to Nielsen product placements fell in 2006, probably due to the airing of more dramas. Apparently, it's more difficult to shoehorn Coca-Cola into CSI than King of Queens.—MEGHANN MARCO

U.S. Advertising Spending Rose 4.6% in 2006, Nielsen Monitor-Plus Reports (Press Release) [PR Newswire]

The 712 area code used by these services allow the local carriers to charge a number of subsidies to those carrying the incoming calls due to the location of the tiny, rural exchange. These fees are split between the local exchange and the "free" conference call company, which allows them to make a pretty penny. The fees for these calls made into 712 are higher than those charged by other exchanges, and AT&T/Cingular has in fact filed a lawsuit against these Iowa-based telcos for what Cingular claims are violation of a number of laws and FCC decisions.

Subject: Re: Cingular Wireless Customer Email - West - [CUST] (x)

Dear,

Thank you for taking the time to e-mail Cingular Wireless regarding your conference calling feature. I am happy to help you with your inquiry and I apologize for any inconvenience this may have caused.

Cingular Wireless has restricted various numbers from being dialed from the wireless handset. This was done because of billing issues regarding charges associated with calling certain chat and conference lines, or because of the potential for fraud posed by certain 900 and 976 numbers.

The information in the contract states, Cingular may choose not to provide service to certain classes of numbers. Examples include 976 and 900 numbers, and certain chat and conferencing services that result in the end user and/or Cingular being charged excessive rates.

We have identified a billing issue with these numbers that does not allow allow us to bill them correctly. You can still access these numbers from a landline phone.

We greatly appreciate the opportunity to serve you. Please let us know if we can assist in any other way, and thank you for choosing Cingular Wireless!

Sincerely,

Amanda Tabb
Cingular is now the new AT&T
Online Customer Care Professional

Free conference call providers are not staying silent. One, FreeConference, has characterized the move as "a coordinated effort to force you to use the paid services [telecoms] provide." As a temporary measure, they are evading the restrictions by offering free conference calls using numbers in the 641 area code. — CAREY GREENBERG-BERGER

AT&T/Cingular blocks cellular customers from free conference call services [Ars Technica]
(Photo: MrVJTod)

Cingular Wireless will refund $18.5 million to thousands of former California customers who were penalized for canceling their mobile phone service because they had trouble making and receiving calls.

The settlement announced Thursday with the California Public Utilities Commission ends a lengthy battle revolving around Cingular's treatment of dissatisfied subscribers from January 2000 through April 2002.

About 115,000 customers who left Cingular during that time will receive average refund checks of $160 to cover the fees that they were charged for prematurely ending their contracts. The refunds include interest.

Cingular Wireless to refund $18.5 million to unhappy California customers [Daily Report]
(Photo: Paul!!!)

Edelman says Cingular Wireless and Travelocity are indirectly supporting the adware and spyware industry with ad dollars despite efforts by both companies to cut ties with that form of advertising.

Edelman claims that ads for both companies are being displayed by adware companies whose software programs are installed on users PCs without consent. He says adware is inserting ads for Cingular and Travelocity on Web sites that include Google and dating site True.com—without either of the site's consent or knowledge.

Still, it's Cingular and Travelocity's responsibility to clean this up.—MEGHANN MARCO

Unstoppable Adware [PCWorld]

"It was just a complete, damn sellout of The Band — its reputation, its music; just as much disrespect as you could pour on Richard and Rick's tombstones," said Helm, 66, a longtime Woodstock resident.

Richard Manuel, vocalist and piano player for The Band, died in 1986. Rick Danko, who played bass, died in 1999.

The Band was inducted into the Rock and Roll Hall of Fame in 1994.

The Band drummer Helm sues over TV ad [BusinessWeek]

We've looked over the tips and come up with some general rules that will help you negotiate your cell phone purchase no matter which provider you sign up with. Here are 10 Things We've Learned From Confessions of a Wireless Sales Rep:

1) You have negotiating power. This should have been fairly obvious, but a lot of people probably did not realize that purchasing a cell phone was more like buying a car than buying a jar of Cheeze Whiz. You really can negotiate. Prices are flexible. You are in control.

2) Features, accessories and new line activations are important to cell phone salespeople. Cell phone sales reps have quotas they need to meet. You have something they want and will be paid a nice commission for getting. Use this to your advantage to get the best deal. If you're walking into a cell phone store knowing you're getting a new line with a bunch of features, expect to get a high end phone for a very good deal. Walk out if you don't get it. Go to another carrier if you don't get what you want. Your business is valuable. If you can't get what you want from one carrier, chances are another one will be able to help you.

3) 2 year contracts don't offer many benefits. One of the most common tips we saw was "2 year contracts are not a good deal." Most carriers give you about a $50 discount on a phone for signing a 2 year contract. There's really no point. Pay the $50. Get a 1 year contract and renegotiate every 9-11 months.

4) Rebates can often be redeemed both in store and online. Here at the Consumerist we tell you not to count on rebates. We suggest that you ask for all your rebates in store. Rebates are designed to encourage breakage and are not a consumer friendly product. The interesting thing about cell phone rebates is that many reps (Cingular, T-mobile) claim that you can get the rebate in the store and online. Hey, it might work. Even if it doesn't, you already got your rebate.

5) Accessories are a bad deal. Huge markups. Unless you're going to use them as a bargaining chip, or try to get them for free, stay away from accessories in a cell phone store. Buy them on eBay. Here's a cute tip: If you need a cell phone charger, look in the technology recycle bin at Best Buy. People get rid of cell phone chargers all the time. It's not stealing! It's saving the planet!

6) Price match! Cell phone stores can price match. Check the carrier's website for deals before you go to the store. Check other carrier's prices, too. Know when to call customer care and when to use a store. Sometimes the sales rep on the phone will get commission for things that will be a waste of time to a person in a store and vice versa.

7) Deals vary wildly when upgrading your phone. It may be better to switch carriers every two years. Research other deals before you upgrade. When choosing a carrier, think two years ahead. Ask about the upgrade plan. If you're out of contract, you have much more negotiating power. Don't feel trapped by your current provider. Shop around. Price match. You may be able to activate an unlocked or pre-paid phone on your existing line in order to avoid signing a contract extension. Look into your options.

8) Unlock your phone if you're on T-Mobile or Cingular. Good for traveling. Fun. Free.

9) Don't buy cell phone insurance. It's expensive, the deductible is high, there are ways to get a new phone without it, and the reps don't get commission on it.

10) Upgrade early/Ask for loyalty credits. If you're happy with your provider and want to stay on, why not ask to upgrade early? Most providers seem to agree that if you're on a 1 year contract, you can upgrade your phone every 9-11 months. You'll likely have an easier time if you're on a higher rate plan or have a lot of features such as unlimited text messaging or internet. These make you a more valuable customer, and because of that you have more negotiating power. Use it. —MEGHANN MARCO

(Photo: swanksalot)

PREVIOUSLY: 8 Confessions Of A Former Verizon Sales Rep
7 Confessions of a Cingular Sales Rep
6 Confessions Of A Former Sprint Sales Rep
11 Confessions of a T-Mobile Sales Rep
8 Confessions of an Alltel Sales Rep

Now my bill went from an average monthly bill of les