cellphone not what I signed up for

[cellduped]

What is the name of your state? Mississippi

Sorry that this is so long, I wasn't sure how much info to include.

I needed a cell phone to use while on-duty as a cab driver, to receive calls from customers. I explained this to the cell phone salesman. I gave him a list of necessities: I need free incoming calls, I need to be able to forward my calls to the dispatch office when I am not working, I need to be able to call back to confirm with customers who are calling me locally but using cell phones with long distance numbers, and since I work nights, I need free nights and weekends. I was sold a plan the salesman claimed offered free incoming calls, free nights and weekends, and free call forwarding. I was promised that as long as I called or was called within my local calling area at night or on the weekends, I would not be charged for the minutes. The salesman also promised that since I have free incoming calls and free forwarding, I would never be charged for minutes when calls are forwarded. To this day, I have never used my phone to place a call or receive a call from someone more than 20 miles away.

Then I get the first bill. It includes a page of long distance charges for the times I called people back who have long distance numbers, even though they were in my calling area when they called me. The list sites the phone number and the "city called". Yes, their cell phone has a long distance number because they are from out of town, but they are in my city when they call me, and when I call back a person with a phone purchased in California, I am not calling somebody in California. I also am being charged minutes for each forwarded call, because they say a forwarded call is a call made out from my cell phone to the forward destination, regardless of what the salesman said. These charges are even taking place for calls made within the nights and weekends range.

Upon calling customer service, I learn that the only way to settle this dispute is to talk to the manager of the store that sold me the contract. The only way to do this is through 1-800 customer service, as they are not allowed to give out the phone number of the store. Unfortunately, the 1-800 customer service people are unable to reach the store. All I can do is "try again tomorrow". However, the 1-800 people are able to credit my account for the long distance charges, and they do so. For months I call repeatedly, and they are never able to get anyone from the store on the phone, and they are unable to give me the store's phone number, and there aren't any supervisors at the 1-800 place who have the authority to do anything about my contract, but again they credit me for the long distance charges.

Finally I grow tired of the anxiety and the constant calling for answers, and I tell a customer service operator that something must be done to correct my service. I demand that either they correct the terms of my service plan or let me out of the contract, because I don't feel I should pay for a plan when I was told I would get something different. I apparently displayed attitude worthy of digging up a supervisor, because suddenly they find one. This supervisor says that it's now been several months since my plan began and I waited too long to voice my concern, so there's nothing she can do. I told her I had been calling since day one, but this didn't interest her.

I don't have videotaped proof of what the salesman said, but forgetting the salesman's promises, how can they charge me long distance for calling someone standing right next to me? Aren't local cellphone users using local towers regardless of where they came from?

Every month I have no idea what my cellphone bill will be, even though I strictly follow the rules of what I thought my contract was. Do I have any recourse?

[moburkes]

Originally Posted by cellduped

What is the name of your state? Mississippi

Sorry that this is so long, I wasn't sure how much info to include.

I needed a cell phone to use while on-duty as a cab driver, to receive calls from customers. I explained this to the cell phone salesman. I gave him a list of necessities: I need free incoming calls, I need to be able to forward my calls to the dispatch office when I am not working, I need to be able to call back to confirm with customers who are calling me locally but using cell phones with long distance numbers, and since I work nights, I need free nights and weekends. I was sold a plan the salesman claimed offered free incoming calls, free nights and weekends, and free call forwarding. I was promised that as long as I called or was called within my local calling area at night or on the weekends, I would not be charged for the minutes. The salesman also promised that since I have free incoming calls and free forwarding, I would never be charged for minutes when calls are forwarded. To this day, I have never used my phone to place a call or receive a call from someone more than 20 miles away.

Then I get the first bill. It includes a page of long distance charges for the times I called people back who have long distance numbers, even though they were in my calling area when they called me. The list sites the phone number and the "city called". Yes, their cell phone has a long distance number because they are from out of town, but they are in my city when they call me, and when I call back a person with a phone purchased in California, I am not calling somebody in California. I also am being charged minutes for each forwarded call, because they say a forwarded call is a call made out from my cell phone to the forward destination, regardless of what the salesman said. These charges are even taking place for calls made within the nights and weekends range.

Upon calling customer service, I learn that the only way to settle this dispute is to talk to the manager of the store that sold me the contract. The only way to do this is through 1-800 customer service, as they are not allowed to give out the phone number of the store. Unfortunately, the 1-800 customer service people are unable to reach the store. All I can do is "try again tomorrow". However, the 1-800 people are able to credit my account for the long distance charges, and they do so. For months I call repeatedly, and they are never able to get anyone from the store on the phone, and they are unable to give me the store's phone number, and there aren't any supervisors at the 1-800 place who have the authority to do anything about my contract, but again they credit me for the long distance charges.

Finally I grow tired of the anxiety and the constant calling for answers, and I tell a customer service operator that something must be done to correct my service. I demand that either they correct the terms of my service plan or let me out of the contract, because I don't feel I should pay for a plan when I was told I would get something different. I apparently displayed attitude worthy of digging up a supervisor, because suddenly they find one. This supervisor says that it's now been several months since my plan began and I waited too long to voice my concern, so there's nothing she can do. I told her I had been calling since day one, but this didn't interest her.

I don't have videotaped proof of what the salesman said, but forgetting the salesman's promises, how can they charge me long distance for calling someone standing right next to me? Aren't local cellphone users using local towers regardless of where they came from?

Every month I have no idea what my cellphone bill will be, even though I strictly follow the rules of what I thought my contract was. Do I have any recourse?

When you signed up originally, you received a receipt. On the receipt should have been your calling plan. What does it say about your calling plan (specifically)?

[cellduped]

I never signed or received a copy of the actual plan. I got a cashier tape receipt that only lists the sale of the phone, the receipt of the $500 deposit, and the free headset. I did sign and I do have the yellow customer copy of this document:

COMPANY NAME SERVICE AGREEMENT
Eligibility requirements, other restrictions....may change without further notice...customer certifies the plan listed below has been reviewed...Said rate plan is herein incorporated by reference...terms and conditions incorporated herein by reference...by initialling to the left customer acknowledges the customer has been provided a special rate...deactivate within 30 days...subscriber for 24 consecutive months...$175 termination fee...

Even here nothing is specific, everything is "incorporated by reference".

[moburkes]

Originally Posted by cellduped

I never signed or received a copy of the actual plan. I got a cashier tape receipt that only lists the sale of the phone, the receipt of the $500 deposit, and the free headset. I did sign and I do have the yellow customer copy of this document:

COMPANY NAME SERVICE AGREEMENT
Eligibility requirements, other restrictions....may change without further notice...customer certifies the plan listed below has been reviewed...Said rate plan is herein incorporated by reference...terms and conditions incorporated herein by reference...by initialling to the left customer acknowledges the customer has been provided a special rate...deactivate within 30 days...subscriber for 24 consecutive months...$175 termination fee...

Even here nothing is specific, everything is "incorporated by reference".

How can you prove what you "signed up for", when you don't have a plan in writing? How did you walk out the door with no plan in writing? Do you even have a brochure showing the different plan options, and which one you accepted?

[cellduped]

You are right. I can't prove what I signed up for. What about the other angle? Is there nothing inherently wrong with charging someone long distance to talk to someone right next to them?

[moburkes]

Originally Posted by cellduped

You are right. I can't prove what I signed up for. What about the other angle? Is there nothing inherently wrong with charging someone long distance to talk to someone right next to them?

I'm not a lawyer, but I believe that it is perfectly legitimate.

[cellduped]

Thanks for your fast responses.

[me9837]

Originally Posted by cellduped

You are right. I can't prove what I signed up for. What about the other angle? Is there nothing inherently wrong with charging someone long distance to talk to someone right next to them?

The cell phone companies do not have any idea where that person is standing when they called you. If you live in a 123 area code and call a 203 area code, even if that person is standing right next to you, you are still making a long distance call.

Sorry about your problem, but cell phone companies are the devil in my eyes**************

Good luck!

-Matt