Ask The Fray: What’s The Legal Definition of ‘Subscribe?’

In the correction Cingular offered on our, “Break Your Cingular Contract Without Fee, Thanks 2 Txt Msg $ Raise” post, Cingular contends that text-messaging is not a service that users “subscribe” to.

Kelleigh Scott, a Cingular PR rep, told The Consumerist,

“Cingular only promised to let customers out of their contracts if we raised the price of a service they “subscribe” to. Pay per use SMS is not a service customers subscribe to. Pay-per-use SMS is an ala carte purchase…”

Here is the line from the Cingular TOS:

“IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE… YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE…”

Isn’t Cingular’s providing a way to wireless transmit signals a service to which customers subscribe? — BEN POPKEN


PREVIOUSLY:
Cingular Responds
We Interview Cingular About Cancelling Over Text Message Plans
What Cingular Tells Customers Canceling Over Text Message Rates
Cingular Foils Reader’s Attempt To Break Contract
Break Your Cingular Contract Without Fee, Thanks 2 Txt Msg $ Raise