Cellular Phone Contract - HELP!

[rosiemushy17]

I live in CT. I am currently under contract with AT&T for my cell phone, and am NOT happy with the service. I have one year left on the contract, but would like to cancel my contract. Unfortunately, because the contract is not up there would be a $200 early termination fee. I have read that if AT&T can't produce a signed copy of the contract, I have grounds for canceling my contract without also having to pay the fee. However, when I just called AT&T, I was told that I agreed to the terms over the phone one year ago. First of all, I don't remember this and can't confirm it. Second, I was told that there is a contract, but the one they have is not a signed copy. Do I still have grounds for canceling without a fee? Is my contract in some way void?

[Zigner]

EDIT: US Law Only. If you are in the US, the following applies:

Originally Posted by rosiemushy17

Do I still have grounds for canceling without a fee?

No

Is my contract in some way void?

No

Originally Posted by rosiemushy17

I am currently under contract with AT&T for my cell phone, and am NOT happy with the service. I have one year left on the contract, but would like to cancel my contract. Unfortunately, because the contract is not up there would be a $200 early termination fee. I have read that if AT&T can't produce a signed copy of the contract, I have grounds for canceling my contract without also having to pay the fee. However, when I just called AT&T, I was told that I agreed to the terms over the phone one year ago. First of all, I don't remember this and can't confirm it. Second, I was told that there is a contract, but the one they have is not a signed copy. Do I still have grounds for canceling without a fee? Is my contract in some way void?

(Quoted for posterity)

[rosiemushy17]

Is it true that a written contract cannot be agreed to verbally? The contract is written, as I was told that I can be given a copy of it (without a signature.) However, the company tells me that I agreed to the terms over the telephone.

[Zigner]

Originally Posted by rosiemushy17

Is it true that a written contract cannot be agreed to verbally? The contract is written, as I was told that I can be given a copy of it (without a signature.) However, the company tells me that I agreed to the terms over the telephone.

Ya ain't gonna win this one

[Stevef]

Originally Posted by rosiemushy17

Is it true that a written contract cannot be agreed to verbally? The contract is written, as I was told that I can be given a copy of it (without a signature.) However, the company tells me that I agreed to the terms over the telephone.

Even if the contract is somehow defective, and you CAN get out of it without paying the termination fee:

1) AT&T won't simply take your word for it, so you'll have to wait for them to sue you and tell your story to the judge

2) AT&T will place the black mark on your credit report until told to remove it by the judge that you've told your story to.

Without doing any research on the subject, it seems to me that the statute of frauds would bar an action on a verbal contract that extends beyond one year. Unfortunately, I'm pretty sure that AT&T had some lawyers look into this, and that they know something that I don't.

Some things that might take it outside the statute:

A one month cancellation period. That would make it possible for the contract to be completed in less than one year, hence taking the contract outside of the statute.

[wyett717]

However, when I just called AT&T, I was told that I agreed to the terms over the phone one year ago. First of all, I don't remember this and can't confirm it.

How did this contract committment occur over the phone? Were you upgrading your equipment or services? Often times when you upgrade your phone (especially for a discounted price), you must agree to extend your service contract. A signature is not required to do so, your verbal agreement is sufficient.

I live in CT. I am currently under contract with AT&T for my cell phone, and am NOT happy with the service. I have one year left on the contract, but would like to cancel my contract.

Luckily for you, you have a whole year to research which provider you will chose next.

[Adalaide78]

I spent 2 1/2 years with AT&T Mobility/Cingular or whatever the heck they are lol. If you ordered your phone online, you did the contract there. If you ordered over the phone you agreed to the contract verbally and if you were in a store you agreed to it there. You had a buyer's remorse period but that was over a year ago. You can TRY talking to a supervisor (which would have been me until a year ago) but frankly without any intentions of continuing service with the company they have no incentive to cut you a break.