Cell phone "contract" legit???

[PamE]

Mom's dh's cell phone died and he rarely used the minutes, so he called to cancel his account (no contract at this point, just month to month). The rep he talked to over the phone heard his complaint (mainly that his cell phone died) and then said, "hey, why don't I send you this phone to try". Okay, fine. He got the cell phone which was a piece of crap and didn't last a week. He called back to tell them the phone they sent quit working and to go ahead and cancel his account, he wasn't interested in trying any more phones. That's when they (T-Mobile, in case anyone is interested) said, "well that's fine but you'll have to pay the $200 early cancellation fee as stated in your contract " Contract, what contract? Well, they apparently slapped him into a contract when he talked to the guy the first time and agreed to try the new phone!!! Is that legit, legal? Can they really do that? No word was spoken about a contract, nothing signed and now they're saying that nothing has to be signed! Can you enter into a contract without agreeing to???? Mom is up in arms about this and at a loss as to what to do.

[AnnW]

He should have gotten a 2nd phone call from another person at TMobile verifying that he agreed to all this. IF he didn't get that phone call, he should raise hell. IF he did and misunderstood, he can still try to raise hell but it's there word against his. And yes, they can do a phone contract but that's why they have the two callers.
I have TMobile and they can be tricky, but if you raise a stink and keep asking to go up the line it might work.
You can also call your local governing bureau and ask if they can do it without a written contract.

[PamE]

Awesome! I will pass the info along... thanks, Ann!

[AnnW]

Good luck!

[vea29]

I would definately call them and say that they would like to talk to a supervisor.....Ususally they are the most helpful.

[Diane]

Just wanted to add my "good luck". I hope he can find a way to get out of it.

Diane...

[imamama]

Gotta love those cell phone companies (NOT!!) He definitely needs to raise holy hell with them and keep insisting the guy never said a word about having to commit to a contract. The only thing he said was that he'd send a new phone to try. I'd call them every day if I had to!!!!! Good luck!

[Leigh]

Good Luck and let us know how it goes!

[PamE]

He got out of it! Actually, there was nothing to get out of after all. He had called four different times and was told he was under contract. Last night when he called the rep looked at the "notes" on his account and said there was NO contract! He then transferred him to a "specialist" (Barbie/cheerleader type) who tries to get him sucked back in with another contract. He told her in no uncertain terms what he thought of the company and to cancel his account immedately. He finally got through to her and she went from being "Barbie" to "Bubba", lol! He said her voice and attitude radically changed and it was like he was talking to a different person (maybe all cell phone reps have mpd?). Long story short... they're no longer T-Mobile customers!

Thanks again, Ann, for your advice. The first tech he talked to said that there was a note on there for a "follow-up call", but that it hadn't been made. Whew! What a mess!

[AnnW]

Thanks again, Ann, for your advice. The first tech he talked to said that there was a note on there for a "follow-up call", but that it hadn't been made. Whew! What a mess!

Glad it worked out. They do keep good notes. I was pretty sure if that 2nd call hadn't gotten made, he would be out of the contract.


btw......we love Tmobile.