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At&T wont let out of contract regardless of service member civil relief act

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lasmith0206

Junior Member
What is the name of your state (only U.S. law)?
Situation:
Are a military family who lived in Havelock, NC...knew we were being re-stationed to Beaufort SC before renewing cell phone contract with At&T. Went to store-spoke with representative they told us we had PERFECT coverage here (Beaufort, SC) now we are here I am 9 months pregnant and we have to drive 8-10 miles in every direction to get any kind of service. Called AT&T to be let out of contract, want to charge us $300 even though they lied to us (the tech we spoke to on the phone told us we should have been told they had poor coverage for this area). After fighting with them on the phone (in a public location because we cant make or receive calls near our home) they wouldnt help us. We came across a federal law "Service Member Civil Relief Act US Code 50 Section 535A" stating if we PCS to a new location and do not have cell service they must let us out of contract without early termination fee. Tried calling again with our guns loaded this time and now they tell us there is a tower in the area and we have service-a tech checked the tower and said its fine and they refuse to let us out of contract without paying the fee. Yet we have no cell phone service anywhere near our home and my due date is rapidly approaching with no way to contact anyone if I go into labor! Help please-we cant afford a termination fee nor a lawyer! HELP.
 


justalayman

Senior Member
the only 535 I can find relates to residential or motor vehicle leases. Got a link to the section you found something about cellphone carriers?


Formerly cited as 50 U.S.C. App. § 534
§ 535. Termination of residential or motor vehicle leases [Sec. 305]

(a) Termination by lessee

(1) IN GENERAL – The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after –

(a) the lessee’s entry into military service; or

(b) the date of the lessee’s military orders described in paragraph (1)(B) of (2)(B) of subsection (b), as the case may be.

(2) JOINT LEASES – A lessee’s termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease.

(b) Covered leases

This section applies to the following leases:
(1) Leases of premises

A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose if--
(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or
(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit or as an individual in support of a military operation for a period of not less than 90 days.

(2) Leases of motor vehicles

A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember's dependents for personal or business transportation if--
(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days); or
(B) the servicemember, while in military service, executes the lease and thereafter receives military orders –
(i) for a change of permanent station –
(I) from a location in the continental United States to a location outside the continental United States; or
(II) from a location in a State outside the continental United States to any location outside that State; or

(ii) to deploy with a military unit or as an individual in support of a military operation for a period of not less than 180 days.
 

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