contracts

iPhone Rate Plans Revealed

iPhone Rate Plans Revealed

Apple has posted the rate plans for the iPhone and a few reader questions have been answered.

$175 Fee If You Cancel iPhone, Even Though You Paid Full Price

$175 Fee If You Cancel iPhone, Even Though You Paid Full Price

You better frickin’ like your full-price iPhone because if you don’t, AT&T plans on charging you the full $175 early termination fee, even though the phone’s cost isn’t at all subsidized under a long-term-agreement.

Don't Get Benchpressed By A Gym Contract Scam, A Cautionary Tale

Don't Get Benchpressed By A Gym Contract Scam, A Cautionary Tale

So you go through the process of selecting a gym, asking yourself whether you want one close to your house or to work, choosing between opulent technoplaygrounds and piles of torture devices in an old VFW lodge, and most importantly, determining whether your goal is to actually get fit, or get laid.

What Is "As-Is?"

…In which a reader learns, through the power of IM, the definition of the contractual clause “As-Is,” and how it applies to the damaged apartment he subleased…

Door To Door Energy Resellers Fail To Deliver Promised Savings

The NY Post ran a good article looking into whether the savings promised by door-to-door energy resale reps like IDT Energy ever really materialize for subscribers:

“I’ve had complaints from residents, as well as small businesses, who have unwittingly switched to a different energy provider and seen their bills go through the roof,” said City Councilman John Liu (D-Queens).

One Carroll Gardens, Brooklyn, IDT customer – a bartender who gave her name as Carmel – said her electric bill jumped from $40 to $70, and she is anxious to cancel.

IDT Energy Starts At 7% Discount, Switches To Variable After 2 Months

IDT Energy Starts At 7% Discount, Switches To Variable After 2 Months

While scanning the collateral Brian picked up in his investigation, we nearly choked on this gem buried in their terms and conditions: it says that you’ll get 7% savings for the first two months, but after that, there’s no telling whether your bill will be higher or lower than what it would be with ConEd (click to enlarge image).

Why Corporate Lawyers Get "Confused" When You Try To Escape Contract Over Material Adverse Changes

Why Corporate Lawyers Get "Confused" When You Try To Escape Contract Over Material Adverse Changes

Now we know why cellphone companies have been giving customers such a hassle when they try to cancel over material changes to the contract: there’s two possible definitions. Ken Adams, an experienced corporate lawyer who drafts a lot of contracts, says:

Materially Adverse Clauses For All Major Cellphones – So You Can Escape Contract Without Termination Fee

Here’s a roundup of all the contract clauses regarding “materially adverse changes” for all the major cellphone carriers. When they starting charging new fees or raise the price of a service, you can use this section to argue that you need to be let out of contract without early termination fee….

Verizon's New Surcharge For Calling Mexico Means It's Contract Cancel Party Time?

Verizon's New Surcharge For Calling Mexico Means It's Contract Cancel Party Time?

Materially adverse changes to contract mean the contract is void. Is Verizon’s new surcharge for calling Mexico a materially adverse change? The following was included in customer’s April Verizon Wireless bill:

Comcast Triple Play, Now With 24 Month Contract And ETF

Comcast Triple Play, Now With 24 Month Contract And ETF

You might want to think twice before agreeing to an Comcast CSR’s offer to “extend the price for 2 years,” because Comcast’s Triple Play comes with a contract and an ETF.

What Is Mandatory Binding Arbitration?

What Is Mandatory Binding Arbitration?

Chances are, you own a product or subscribe to a service you agreed to “binding arbitration” once you purchased it. But what is it?

Want To Cancel Your Internet? Here's Your Early Termination Fee

Want To Cancel Your Internet? Here's Your Early Termination Fee

Not all ISPs charge ETFs. Here’s a list of different providers and their fees:

Cancel T-Mobile With No ETF Thanks To Txt Msg Increase

Cancel T-Mobile With No ETF Thanks To Txt Msg Increase

T-mobile has confirmed that starting in June, there will be a increase in text messaging rates for users who do not subscribe to a text messaging plan. As Consumerist readers well know, this means that if you don’t have a text messaging plan the rate hike constitutes a materially adverse change and you have the legal right to terminate your contract with no ETF per T-Mobile’s Terms and Conditions.

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

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

“Although the exact wording of these provisions has changed somewhat over time, each has required customers to pursue their disputes with Cingular or AT&T Wireless in either individual arbitration or small claims court,” the defendants allege in their motion.

We Post Sprint Supervisor's Direct Line, She Changes It, Leaving Message Blaming Us

In the message, Judy advises customers to call Sprint’s main line at 877-812-1223 and wait their turn for incompetent service just like anybody else.

Sprint Changes Plan And Renews Contract Without Consent

Sprint Changes Plan And Renews Contract Without Consent

Sprint changed Carolyn’s plan and renewed her contract without her consent. A nine-year customer with four lines, Carolyn’s problems began when her December invoice showed roaming charges on a plan that allowed for free roaming. She soon discovered that in November, Sprint had moved her to a newer, more expensive plan, without her consent.

Crunch Gym Tries To Charge Extra For "Improvements"

Crunch Gym Tries To Charge Extra For "Improvements"

Personally, we are allergic to high-pressure sales people. This is the reason that we do not work out at Crunch Gym. It may look like a gym, but it’s actually a festering pool of high-pressure sales douchebags.

Could We Really Hold The Ritz Carlton Their $.01 Per Night Typo?

Could We Really Hold The Ritz Carlton Their $.01 Per Night Typo?

Regarding Ritz Carlton not honoring a 1 cent reservation, Mark dug up more contract law, ran it by his professor, tossed it off to a legal mailing list, and turned up some interesting bits.