I'm writing this letter to file a complaint toward Cingular Wireless Company for misleading its customer and their authorized dealers via posing inaccurate information on their brochures and website.
I have recently signed up a wireless phone plan with Cingular Wireless Company. The details of the plan include (according to the prints on the brochure):
Monthly Access* $39.99
1. Anytime Minutes 450 min Rollover
2. Included Mobile to Mobile MinutesUnlimited Nationwide Calling to over 50 million Cingular Customer*
3. Included Night & Weekend Minutes5000 minutes
4. Additional Minutes45 cents per min
Included Features: Nationwide Long Distance, Voicemail, Call Forwarding, Call Waiting, 3-Way Calling, Caller ID, Detailed Billing, Text/Instant Messaging (10 cents per message), Multimedia Messaging (25 cents per message) and MEdia Net (1 cent / KB)
I initially signed up with this plan because I would like to have the option of unlimited Mobile to Mobile calls to other cingular customers. I was told by the Cingular Wireless authorized salesperson that with this plan, I wouldn't have to worry about exceeding the limit particularly when I made calls under Mobile to Mobile' plan since its considered unlimited for Cingular Customers. However, after I received my first complete bill, to my surprise, I noticed that I was being charged for exceeding the Night & Weekend Minutes (5000 minutes). When I further looked into the details of the calls that I made, I noticed that Cingular Wireless Company has charged the minutes of the calls which I made to other Cingular customers and calls that other Cingular customers made to me toward my Night and Weekend minutes. I called Cingular Wireless agent immediately. The agents were also under the impression that Unlimited Mobile to Mobile Feature includes unlimited calls to other Cingular Wireless customers. The agent has filed a description of my complaint to Cingular Special Team on my behalf but I have not received any calls nor email from them yet.
In addition, I've repeatedly looked into Cingular Wireless Website and brochure for any possible missing information that I was not aware of. Nevertheless, there were no places which indicated that Mobile to Mobile Unlimited Feature was only limited to on-peak, counted toward Night and Weekend Minutes if the calls are made between 9pm to 6am of the following day, nor was there any asterisk mark printed under $39.99 plan which usually would alert or notify customer for certain restrictions or additional information. According to the brochure, mobile to mobile minutes displayed just like how it serves its feature in other plans, that is—Unlimited. Most important of all, it was neither acknowledged nor explained by the Cingular Wireless Salesperson. Furthermore, to prove my point, I went and visited 3 different Cingular Authorized stores. Everyone told me that even with 5000 Nights and Weekends, I still can enjoy making unlimited calls to other Cingular customers within the Unlimited Mobile to Mobile plan. I even asked them the best way to avoid any possible gimmicks or restrictions, the authorized dealers advised me to read the Plan Terms on the brochure (which again, did not stress the restriction on Unlimited Mobile-to-Mobile minutes)
Cingular Wireless Company has presented misleading information to its customers. Neither its website nor its advertising brochure has entailed accurate information of this particular plan.
I have signed a two-year contract with Cingular Wireless Company. I would like Cingular Wireless Company to implement its promises according to how it's advertised.in other words, I do believe that I should have Unlimited Mobile to Mobile minutes to Cingular Wireless Customer without any gimmicks or restrictions until my contract expires.in fact, the feature of Unlimited Mobile to Mobile Minutes was the main factor that I signed up with Cingular Wireless at the first place.
P.S. I have attached the advertisement as well as the plan and term of the $39.99 monthly plan / Nation 450 w / Rollover (the one which I purchased) from its website (www.cingular.com). According to the plan, Unlimited Mobile to Mobile Features under $39.99 serves just as identical plan as other Unlimited Mobile to Mobile Feature under other plans.
Nation 450 w/Rollover
monthly any night & mobile to
cost time weekend mobile
$39.99 450 5000 Unlimited
Nation 1500 without Rollover
$49.99 1500 Not Included Unlimited
Nation 900 w/Rollover
$59.99 900 Unlimited Unlimited
Nation 1350 w/Rollover
$79.99 1350 Unlimited Unlimited
Nation 2000 w/Rollover
$99.99 2000 Unlimited Unlimited
Nation 4000 w/Rollover
$149.99 4000 Unlimited Unlimited
Nation 6000 w/Rollover
$199.99 6000 Unlimited Unlimited
Other Monthly Charges | Plan Terms | Online Pricing | Return Policy
Under the Rate Plan Details for $39.99 monthly plan:
Anytime Minutes 450
Night & Weekend Minutes 5000
Mobile to Mobile minutes Unlimited
Long distance $0.00
Roaming charges $0.00
Additional minutes 45/minute
One-time activation fee $36.00
Contract Length 2 years
Plan and Terms
Wireless service is subject to credit approval. An early termination fee of $240 prorated over the length of the service agreement applies to subscriptions in the following states: AL, FL, GA, KY, LA, MS, NC, SC, TN, NY and parts of IN and NJ. A non-prorated $150 early termination fee applies in all other areas. If phone is returned within 3 days, activation fee will be refunded. If phone is returned within 30 days in like-new condition with all components, early termination fee will be waived. All other charges apply. Minutes will be depleted according to usage in the following order: night and weekend minutes, mobile to mobile minutes, anytime minutes and rollover minutes. Minute Increment Billing and Usage: Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. Cingular Wireless charges a full-minute increment of usage for every fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Those minutes will be applied against your anytime monthly minutes in the month in which the calls appear on your bill. Unanswered calls of 30 seconds or longer incur airtime. Pricing/Taxes/No Proration: Final month's charges are not prorated. Prices are subject to change. Prices do not include taxes. Activation Fees: $36 Activation Fee for each new line, $18 Activation Fee applies on each FamilyTalk line. Cingular does not guarantee availability of the network. Nights and Weekends: Nights are 9:00 P.M. To 6:00 A.M. Weekends are 9:00 P.M. Friday to 6:00 A.M. Monday (based on time of day at switch providing your service).included long distance calls can be made from the 50 United States, Puerto Rico and U.S. Virgin Islands to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam and Northern Mariana Islands. Roaming charges do not apply when roaming within the service area of land-based networks of the 50 United States, Puerto Rico and U.S. Virgin Islands (if you go to Guam and Northern Mariana Islands, you are roaming).international long distance rates vary. Additional charges apply to services used outside the U.S. And its territories. Cingular reserves the right to terminate your service if less than 50% of your usage over three consecutive billing cycles is on Cingular-owned systems. Customer must (1) use a Cingular GSM dual-band handset programmed with Cingular Wireless' preferred roaming database; (2) have a mailing address and live in the immediate geographic area in which subscription is made. Caller ID Blocking: Your billing name may be displayed along with your wireless number on outbound calls to other wireless and landline phones with Caller ID capability. Contact customer service for information on blocking the display of your name and number. You may be charged for both an incoming and an outgoing call when incoming calls are routed to voicemail, even if no message is left.in the event that the conditions of the Plan as described above are violated, Cingular may move subscriber to another calling plan or terminate customer's service. Additional Terms and Conditions apply. See Wireless Service Agreement for additional conditions and restrictions. Rollover Minutes: Rollover Minutes accumulate and expire through 12 rolling bill periods. Bill Period 1 (activation) unused Anytime Minutes will not carry over. Bill Period 2 unused Anytime Minutes will begin to carry over. Rollover Minutes accumulated starting with Bill Period 2 will expire each bill period as they reach a 12 bill period age. Rollover Minutes will also expire immediately upon default or if customer changes to a non-Rollover plan. Rollover Minutes are not redeemable for cash or credit and are not transferable. Night and Weekend and Mobile to Mobile minutes do not carry over. If you change from one rollover plan to another rollover plan, any accumulated Rollover Minutes in excess of the new plan's number of monthly anytime minutes will expire upon such change. If you migrate a single line to a FamilyTalk plan or should a subscriber join your FamilyTalk plan for which your line is the primary line, any accumulated rollover minutes for all lines included in the new FamilyTalk group's Rollover Minutes in excess of the monthly anytime minutes for such group shall expire upon such change. FamilyTalk: FamilyTalk may require up to a two-year service agreement for each line. FamilyTalk plans include only package minutes included with the primary number, and minutes are shared by the additional lines. The rate shown for additional minutes applies to all minutes in excess of the anytime minutes. If the rate plan for the primary number is changed to an ineligible plan or the primary number is disconnected, one of the existing additional lines shall become the primary number on the rate plan previously subscribed to by the former primary number. Mobile to Mobile Minutes: Mobile to Mobile Minutes may be used when directly dialing or receiving calls from any other Cingular phone number from within your calling area. Mobile to Mobile Minutes may not be used for interconnection to other networks. Voice Connect: Regular airtime charges apply. Mobile to Mobile Minutes do not apply. Calls to 911,411, 611,711 and international dialing cannot be completed with Voice Connect Services. Caller ID cannot be blocked. Caller ID will be delivered on all calls, even if you have permanently blocked your name and number. Voice Connect Services provided by BeVocal. To terminate Voice Connect Services without incurring charges, dial 611 from your wireless phone within the 30-day trial period.
Terms applicable to cingular wireless data services, including but not limited to, wireless internet, media net, laptop connect, blackberry and features which may be included with service (s).
(See below for additional Terms applicable to the $59.99 Data Connect Unlimited - Limited Time Offer)
Services are subject to credit approval and may not be available with prepaid rate plans. $36 Activation Fee for new lines. Applicable measured usage will be charged as specified in your plan. For non-GPRS/EDGE/UMTS (GSM Circuit - Switched Data) connections, usage includes all time spent connected. Airtime and other measured usage are billed in full-minute increments and rounded up to the next full minute increment at the end of each call for billing purposes. Anytime Minutes are debited for GSM Circuit-Switched Data connections. Mobile to Mobile and Night and Weekend minutes may not be used for GSM Circuit-Switched Data connections. GPRS/EDGE/UMTS services are billed both monthly and for total volume of data sent and received. Fractions of a kilobyte per session are rounded up to the next whole kilobyte. Data sent and received includes, but is not limited to, Web page loads, e-mail, overhead, and software update checks. If you switch your wireless device connection from a GPRS/EDGE/UMTS to a GSM Circuit-Switched Data connection, you will be billed airtime in one-minute increments as provided by your rate plan. Roaming charges, including applicable kilobyte and/or per-minute airtime charges, will be imposed where roaming service is available. Display on your device will not indicate whether you will incur roaming charges. Services originated or received while outside your Cingular Home Calling Area are subject to roaming charges. WiFi services requiring the use of credit card or other payment directly to the network provider are not part of Cingular's preferred network, if any, and additional charges will apply from the owner of such network. Regular rates and other charges apply when included features are used. Prices do not include taxes, directory assistance, roaming, universal services fees or other exactions and are subject to change. Early termination fee of $240 prorated over the length of the service agreement applies to subscriptions in the following states: FL, GA, SC, NC, AL, KY, TN, LA, NY and parts of IN and NJ. A non-prorated $150 early termination fee applies in all other Cingular areas. Cingular does not guarantee availability of network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility, and data conversion limitations. Services and features are only available in select Cingular Wireless service areas. Use of Services when roaming is dependent upon roaming carrier's support of applicable network technology and functionality. Cingular is not responsible for loss or disclosure of any sensitive information you transmit. Cingular Services are not equivalent to landline Internet. Caller ID blocking is not available when using the Services, and your wireless number is transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per message charge may apply whether the message is read or unread, solicited or unsolicited. Cingular Wireless provides wireless access connectivity.information is provided by unaffiliated content providers who are subject to change at any time without notice. Cingular is not a publisher of third-party content, and is not responsible for any opinions, advice, statements, other information, services or goods provided by third parties. Third-party content providers may impose additional charges. Data Service sessions may only be conducted for the following purposes: (i) Internet browsing; (ii) e-mail; and (iii) corporate intranet access (including access to corporate e-mail, customer relationship management, sales force automation, and field service automation applications). The Services cannot be used with server devices or host computer applications. Prohibited uses include, but are not limited to, telemetry applications, automated data feeds, continuous jpeg file transfers, Web camera posts or broadcasts, other machine-to-machine applications, and voice over IP. These Services are not intended to provide full-time connections, and the Service may be discontinued after a significant period of inactivity or after sessions of excessive usage. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, transmission or correct sequencing of any information or downloaded data is not guaranteed by Cingular Wireless or any content providers. Cingular Wireless does not guarantee security. Data encryption is available with some, but not all, data solutions sold by Cingular Wireless. If you use your device to access company e-mail or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures. Download speeds experienced depend on device characteristics, network availability and coverage levels, tasks, file characteristics and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
Terms Applicable to Features:
Certain features will not be available in all areas at all times. See applicable brochure or visit www.cingular.com for terms applicable to features including Voicemail, Enhanced Voicemail, Roadside Assistance Service provided by Asurion (see Roadside Assistance welcome letter and/or brochures for full terms and conditions), Wireless Phone Insurance (Program underwritten by Continental Casualty Company, a CNA Company (CNA), and administered by lockline, LLC. Lockline, LLC is a licensed agent of CNA. For complete terms and conditions of Wireless Phone Insurance, please refer to the insurance Coverage Certificate or contact lockline at 1-888-562-8662.), Text/Instant Messaging, Directory Assistance, FamilyTalk, Mobile to Mobile Calling and MEdia Net. Regular per-minute airtime rates and other charges apply for calls when included features are used. Cingular and the graphic icon are registered trademarks of Cingular Wireless, LLC. Raising The Bar is a service mark of Cingular Wireless, LLC. 2005 Cingular Wireless, LLC. All rights reserved.
ADDITIONAL TERMS APPLICABLE TO $59.99 Data Connect Unlimited - Limited Time Offer
Cingular also imposes monthly a Regulatory Cost Recovery/Programs Fee of up to $1.75 to help defray costs incurred in complying with State and Federal telecom regulation; a gross receipts surcharge; and State and Federal Universal Service charges. These are not taxes or government-required charges.
Offer expires 12/31/05. Subscription to eligible voice plan of $39.99 or higher must be maintained on same account. Data Connect unlimited plan at $59.99/mo limited to one per eligible voice line on qualified account. Requires compatible device (s). Separate voice and data devices may be required. Coverage is not available in all areas. Device availability may vary by market. Terms of service will vary based on selected devices and service plans. Up to $36 activation fee applies. Early Termination Fee: None if cancelled in first 30 days; thereafter, up to $240. Some agents impose additional fees. Roaming outside of the U.S. And Canada requires international roaming plan; additional credit and eligibility restrictions apply. Additional software, hardware and/or subscription to other services may also be required. Additional charges and usage and other restrictions apply. See your Cingular sales representative or applicable agreement, rate plan brochures and coverage maps for details. Cingular and the graphic icon are registered trademarks of Cingular Wireless LLC. Raising The Bar and the graphic icon are trademarks of Cingular Wireless LLC. 2005 Cingular Wireless LLC. All rights reserved.
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