AT&T Has No Record of My Signed Service Agreement
But they know that I signed one because their computer says so. . .
In light of the new iPhone 5 release I had logged into AT&T expecting to see my contract was up on October 19th, 2012. Instead I saw an "upgrade eligibility" link which told me I was not only under contract until October 19th, 2013 but that I would not qualify for an upgrade until May of 2013.
I Spent 3 hours and 15 Minutes With AT&T Support
That included 30 straight minutes of hold music with no contact before being hung-up on. . .
That's right, I spent more than 3 hours trying to reach a resolution with AT&T Support and that included calling back the support number (from the other line I have with AT&T) after 30 minutes on hold with no one checking in.
While trying to reach the same department to find out if the rep helping me had been injured, gone to lunch, been fired or otherwise indisposed from helping me, my original 3 hour call was disconnected and, SURPRISE, there was no way to get back in touch with the woman who had spent the past 3 hours telling me how sorry she was that she could not find any record of the signed Service Agreement where I agreed to a contract until 2013.
The Facts According to AT&T
"If you didn't sign a 2-year service agreement my screen wouldn't say you did"
That chestnut of reasoning came directly from the "Manager of Customer Dispute Resolution Supervisors" who did not care that his staff had been wasting my time for 3 hours already, that they had left me on hold for half an hour before hanging up on me, or that they had already called the Apple Store where my iPhone 4S had been purchased looking for a copy of the signed service agreement and had been told that Apple did not maintain any paperwork on iphone activations.
He concluded the following for me:
1. On October 19th, 2011, I was--more or less--finished with 1 year and 300 days of my 2-year service agreement.
2. When the Apple rep told me that I could "pay $449 for an iPhone 4S and it only extends your contract 1 year" he was assuming that I was only about 12 months through my contract, with about a year left; he was offering me a new 2-year contract from that moment that would supersede the 1 year he assumed I had left.
3. I MUST'VE been presented with a paper copy of my new agreement where it was clearly outlined that:
a) I was committing to 2 more years 60 days from the end of my contract.
b) I was so eager for the phone that, rather than wait 60 days for my contract to terminate and buy the iphone 4S for $199 with a 2 year agreement I preferred to pay $449 for it today.
c) That it is impossible that the Apple Store Employee misunderstood or misrepresented to me a $449 iphone option as an upgrade option that cost more but resulted in only a 12 month rather than 24 month agreement.
Or, in short, I accepted a really bad deal that cost me $250 more out of pocket for the device and that I did so only 60 days before I would have qualified for a full upgrade.
OK: So I SIGNED SOMETHING, Right???
". . .Not that anyone can show you, didn't Apple print the contract?"
No! When I walked out of the store I had nothing but the device. I had a receipt in my e-mail and that was it. I waited on hold while the service rep called the Apple Store to confirm that what I'd said was true (since, I guess they thought everything I said was a lie). Apple confirmed that AT&T should have the service agreement. And they don't. So I was told that I am just out of luck, and by virtue of my possessing the device, I a priori signed a 2 year service contract in good faith. Trust them, their computer says so.
The Facts According to Me
"If I signed the agreement then I must've known. Show me & I'll drop this"
Please understand this: the reason I was in the Apple Store that day was not to buy an iPhone 4S. It was to request service for my iPhone 4 that wasn't properly holding a charge (yes: I was trying to have it serviced before its 1 year warranty expired). At that time the Apple Store reps told me, "we're so busy filling 4S orders we can't get to existing device service requests for a few days"(!!!)
Of course, if I wanted a working phone I could always upgrade to an iPhone 4S. . .they just might have an extra one in the back. . .
I was adamant that I did not want an incremental upgrade device that would put me in a bad upgrade eligibility situation for the next full update (iPhone 5).
I did not want to commit to 2 more years at the end of my contract for a phone I knew I would want to replace in 12 months.
By the same logic, I did not want to pay a $250 premium for the privilege of signing up for a service agreement I don't want in the first place 60 days before my full contract period was satisfied.
Again, I don't know if the apple store kid lied to me to sell a phone, if he thought he could sell a 1 year service agreement for an iPhone 4S, if he was fudging the math on the assumption that I was 12 months along rather than 22 or if I had all of the paperwork in front of me as AT&T claimed and I am simply living in extreme denial.
I do know that I was treated really badly by the Manager of the Supervisors of the Reps who left me on hold for half an hour before hanging up on me. I was treated like a liar and an idiot and a complainer for wanting to see a copy of my $150/month service agreement now that the terms seem radically different than what I remember agreeing to.
How did AT&T Resolve the Issue
"If you were to go so far as to sue claiming you didn't sign the agreement, I'm sure we could find a signed copy of the contract."
Basically, take their word for it, pony up the dough, swallow the hours of time spent on hold and the unhelpful or rude service or pay for an early termination.
The rep who ultimately hung up on me after 30 minutes on hold had offered me a $60 credit for one month of service or $15/month for 3 months. That didn't cut it for me as I calculate that I either have no contract and should not have paid a penny for service, or--more reasonably--since they can't prove I signed a new service agreement for 2 years offer me a $250 credit towards either early termination of the contract they can't prove I signed or as reimbursement for the phone that cost me $449 mere weeks before the full satisfaction of my contract.
Unfortunately, the debate has come to an end. The Manager of Supervisors of Reps had "dealt with this problem countless times" and didn't think my experience was anything but all my fault. He was even unwilling to honor the service credit the first hang-up rep had offered--again because his computer didn't show it in the notes.
What I Would Suggest
Your AT&T service agreement requires binding arbitration for disputes
If you bought your iphone from an Apple Store then AT&T probably can't produce a signed copy of your Service Agreement. They consider that to be your fault. The fact that Apple hands you a grimy iphone to slurp your finger across in some form of digital signature is apparently irrelevant.
It's your fault if Apple does not print out for you a signed copy of the Service Agreement. In fact, the AT&T computers say that such paperwork MUST be printed. Ergo, it is impossible to be otherwise.
Steps to See if AT&T Lost Your Contract, Too:
1. Login to att.com/wireless2. Select "Profile"---> "User Information"
3. Scroll down to find "Customer Service Summary and Contract"
4. Pull yours up and look to see if it pertains to your current contract period and if it's got your signature.
Steps to Initiate Dispute Arbitration with AT&T
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.
In Conclusion
I've been a customer with AT&T for 5 years. I have two lines of iPhone service with my wife and may someday want lines for our kids.
IN THE ABSENCE OF A SIGNED AGREEMENT AND IN LIGHT OF THE CIRCUMSTANTIAL EVIDENCE REVIEWED ABOVE I REQUESTED A $250 SERVICE CREDIT
THE CREDIT I REQUESTED IN LIEU OF PROOF OF THE AGREEMENT CONSTITUTES LESS THAN 2 MONTHS OF SERVICE
I SPENT 3.5 HOURS OF MY DAY BEING IGNORED, POORLY TREATED, ACCUSED OF LYING & ULTIMATELY BLAMED FOR THE DISAPPEARANCE OF ANY SIGNED AGREEMENT.
I just can't believe that AT&T would prefer to take the stance of "we can't show you what we signed, but we know you're a liar" and make this the line in the sand. I don't think anyone responsible for AT&T Wireless revenue would rather pocket a $250 early termination fee than 5 more years of monthly revenue at $150-200/month.
If I'm SOL, it will be a small victory if AT&T has to deal with more people than just me asking to see something as simple as the signed service agreement obligating them to pay.
