Can I sue Cingular?

[pk555]

What is the name of your state?
Maryland

Hi, I took a connection of Cingular last month and I was told by Cingular's authorised store agent that for my company they are giving corportae account so I will get 13% in my monthly bill.
I was amazed by this scheme as I wasn't aware of any such scheme in my company. I asked him if he can give in print whatever he is saying. He has given me a print document mentioning that I will get 13% discount in my monthly bill. In the first bill I got this discount...in fact it was more then 13%.
But in current month bill they have given me only 8% discount. When contacted I was told there was no scheme of 13% and actual discount is 8%. They also wasn't sure how I got such discount in my first bill. So, I was very much disappointed and asked them since they are not follwoing the contract so I don't want to continue with them. I was told that in such case I have to give 150$ cancellation fees.
I want to ask am I really supposed to pay such fees in this case where I was totally cheated and I have the print record of this. It seems just for selling a connection Cingular is doing this type of act. I got discount in my first bill as I had option to surrender the connection within 30 days but after that they totally changed what they promised.
Pls. let me know the possible options. If I want to sue them do I need to pay to lawyer? How strong is my case ?

 

[djohnson]

If the print document isn't a part of the contract it isn't worth the paper it's written on. What does the actual contract say your discount or price is?

 

[shortbus]

Not true. If the extra document specifies a term (the discount) that doesn't appear in the main contract, it's still valid. It's a mutually agreed modification of the contract.

That said, your damages are limited to the difference between the contract discount (13%) and the discount you actually got (8%). If your phone bill is $50/mo, your damages are 5% x $50 = $2.50 / mo. If the contract is for a year, that's a whopping $30 in damages.

Are you going to hire a lawyer to collect $30? I think not.

 

[djohnson]

Not true. If it's not in the contract, it can't be proven. That is why there is a contract. Just because he has a piece of paper that shows different rates, doesn't mean he gets to pick his. Different people qualify differently, and some discounts require you to qualify. What he signed and agreed to is the only thing that can be proven without a shadow of a doubt in court or anywhere else. I think I'll type me up my own paper and call my phone company and say 'hey this is they rate I should have been paying'.

 

[shortbus]

The OP did not make up the discount herself. It was apparently written by a Cingular employee, whom a court would recognize as a party with the authority to make contracts on behalf of Cingular.

Nothing in civil court needs to be proven "without a shadow of a doubt". Preponderance of the evidence (> 50%) is the standard.

 

[djohnson]

OP stated "He has given me a print document mentioning that I will get 13% discount in my monthly bill"

This is not a part of the contract. This is not something salesman had written. It is simply a print document that mentions a discount. This will NOT hold up in court if actual contract states something different.

 

[pammness]

What does the contract say

What exactly does the contract say ? Is the discount printed sheet something they give to all employees of your company ? Does the sheet they gave you state you will get 13 % off of your monthly bill EVERY month ? Does this extra sheet have Cingulars information on it or does it have the appearance that anyone with a pc and half a brain could print out ?
I do know that the cell companies are working in that field to get alot of people from major companies to sign with them. My daughters bf got 12 % from another cell company due to where he works. They may have different amounts based on their agreement with each company. Have you asked someone at your company about this.... I.E. someone from marketing, that knows what the deal is with the cell company. Do you know anyone in your company that has signed up with them under these conditiions ? You may have a point but as stated, to sue them for 30 bucks doesn't seem worth it. But to look into it and see if you have a case may get you the discount told and presented to you. And a possible refund on any amount over that you have already paid. If your company has an agreement with them to send employees to them and they will get a 13% discount, your company can pull there contract..... not sure Cingular wants that to happen.

 

[djohnson]

What planet are you from? None of what you said made sense.

As long as there is a written contract, an oral one won't hold water. You can do as you please, but these people are not law literate obviously.

 

[pammness]

Omg

Well don;t I have egg on my face..... 2 window, 2 separate posts.... My last response was from planet "did not pay attention"!!!!

To get back to cell phone, not the gym. lol Can we say: Blonde moment???
He has the extra print out on Cingulars Company paper stating he gets a 13% discount off his monthly bill. That makes this sheet part of the contract.
Sorry again for the mix up.......
human behind this computer......

 

[pammness]

if....

If it is by percentage for discount, how can the put that directly in contract when bill may fluctuate each month... This IS a PHONE bill you know ? A percentage will have to be adjusted from month to month, so the basic plan he signed for: say it was 49.99 a month, then you have to add other charge he may get percentage for, roaming, long distance..... yada yada yada. The fees he won't local and state tax..... It can't be added to contract unless they have it as a set percentage rate for all companies they have contracts with, which I know they don't..... Larger companies get bigger discounts due to employee volume. The more chances they have at greater number new contracts, the sweeter they make the pot for those in that company. IT'S called marketing strategy.
Cingular is also merging with AT&T wireless..... that can explain foul-ups
How about we call Cingular 800 number...
You need to go to Cingular online and set up your account and follow that to receive the discount...... one time set up!!
I would suggest you look into this part.... I got this from the guy in 800 office, not a local office. This may be a step they failed to tell you about!! Hope it helps, please let me know if this is it.

 

[pammness]

may not be

What planet are you from? None of what you said made sense.

As long as there is a written contract, an oral one won't hold water. You can do as you please, but these people are not law literate obviously.

I may not be law literate.... But I do have a bit of commone sense..... Momma always said, without a lot of common sense , all your book knowledge is good for is another thing to hang on your wall.
Remember, sometimes we need a little help that doesn't take a law degree. We have young adults on here that are trying to make it on there own as well, sometimes a common sense suggestion is all they need.... NOT a law degree. That's why this is here for us to also be able to reply to, if it was all about law, Think real hard..... Would they let just anyone answer these questions ?
I think NOT!

 

[djohnson]

Sometimes law and common sense are two different things. He wanted legal advice. You can give him what ifs and possibilities, but if there is a written contract that is signed, that is what will hold legally.

 

[djohnson]

I can see it now

agent: "your honor I have this written contract customer signed agreeing to these terms"

customer: "but you said it was cheaper, see I have this printout of a different rate"

agent: "I never said anything would be cheaper why would I do that when you signed this contract for this amount and it doesn't mention an addendum, that rate is for customers with twice the amount of phone that you have. I don't know where you got it, maybe a friend gave it to him"

Do you really think the judge would say "oh yes, forget the piddly SIGNED contract and lets take this one person's word against the others because it is so much stronger than a SIGNED contract"

give a break with your LEGAL advice

 

[pammness]

Law and Common Sence

Sometimes law and common sense are two different things. He wanted legal advice. You can give him what ifs and possibilities, but if there is a written contract that is signed, that is what will hold legally.

Did you not read what I said about calling Cingular. That is the common sense I was refering to.... Who better to find out from then the sorce. This is simply a situation where the personal in the store did not give and probably didn't know all the details. Is this shicking to any of us ? I think not.
This is also not about oral contracts. He has 2 pages to his contract, one the main one, showing his monthly rate. Page two is the part of the contract showing the percentage he will receive off of the first page.
With big companies, we have a tendancy to forget we can call the Main company to find out more information. Such is the case with this young man/lady, possibly just needed another way in which to find the answer of what the whole picture is and some information to fix the issue.

 

[djohnson]

oh brother

OP do what you like, you have been given opinions and advice and legally where you stand. But note, just because you have another 'sheet', doesn't make it part of the CONTRACT