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Wireless Retail Complaint - Wireless Retail Fraud

Complaint
Review by Anonymous on 2005-01-04
MIDDLEBURG HTS, OHIO -- As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident

On Dec. 12, 2004, my husband and I stopped at a Wireless Retail booth. We wanted information only on different wireless plans.
The Salesman we talked to, John George informed us that he was also a district manager for the company. I told him we couldn't do anything until after Christmas Eve because that's when our contract with T-Mobil would expire.
He showed us a nice plan from Cingular which we were interested in. They were also offering free flip phones and camera phones with rebates.
He informed us that we could go ahead and start our Cingular plan that night and just keep our T-Mobil plan simultaneously until the 24th of December and then cancel.
He claimed it would be an overlap of service. I told him I wished to keep my same numbers. We had a family plan with 4 phones and it would be easier to keep the numbers. We live close to the store so he told us to go home and get the T-Mobil bill and it would be no problem to port the numbers to Cingular, which is what we did. He had the Cingular service turned on the evening of Dec. 12th.
The phones from T-Mobil did not work anymore but I was told the numbers were turned off but I would have to disconnect the service myself.
On Dec. 27th, I called T-Mobil to disconnect my service. I was told that my service had been disconnected as of Dec. 12, 2004. I couldn't understand it because I said I had not authorized it. Now I find out that as soon as they ported the numbers to Cingular, this automatically disconnected my T-Mobil service, which now has resulted in a $200.00 per phone termination fee, which is reflected in my $800.00 bill from T-Mobil.
We feel that Mr. John George, gave us erroneous information that we relied on because of his expertise and position to Wireless Retail to know how to advise us correctly.
Now we have been financially damaged.
We had no intention of cancelling our T-Mobil account early but this is what was done when Wireless Retail ported our numbers to Cingular.
As a resolution, I would like the following:
I would like to have Wireless Retail take care of the $800.00 termination fee to T-Mobil.
Please contact me if you need more details regarding this incident.
Comments:
Posted by tracker on 2005-01-05:
Sorry for your situation. Seemingly Mr. George gave you erroneous information or at least failed to inform you of potential complications by changing your numbers early. Possibly a case of ignorance... who knows? A couple of questions may be of help. Was service paid for and payment accepted through Dec. 27th? If so, contract was fullfilled and you are under no further obligation. Again read your contract with T-Mobile (wording is important here). Does it anywhere state that non-use or removal of a number shall be deemed as a termination of the contract? You did not actually terminate the contract with T-Mobile, you only stopped using the service. Not using a service is different than terminating a service. Are they implying you must USE the service... that you must make phone and/or receive calls? If one of your phones had been stolen and you stopped service of that number this would not be a termination of the contract, however you would still have to pay for the stolen phones' service. Take them to court seeking judgement and fees. An honest judge will see the truth and decide fairly. Note* It has been my experience that Magistrates sometimes make poor "off the cuff" decisions. If asked whether you want the case heard before a Magistrate or a Judge... choose the judge if you want a shot at appealing an unfavorable decision. Hopefully you will not have to go this far and if T-Mobile is any kind of a reputable company they will accept that obligations paid through Dec. 27th have fullfilled or will fullfill the contract. If not... take 'em to the mat... I mean court.

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