Ummmmm.....T-Mobile says WHAT?

So, even though I have tons of funny stories to tell...they are just going to have to wait.  I have a much more pressing issue.  Anyone familiar with my Sears saga, you know what's coming.  Anyone who missed that part of fun in my life...please go HERE for details.


So, ever since I found out we were moving, I have kind of been freaking out about cell phone coverage.  I know how bad Felix's reception was, and he was with Verizon.


So I checked out T-Mobiles website....now this was before we were moving and we were trying to decide what city to live in....and Piedmont (where Felix is working) has NO coverage by anyone but AT&T.  Okay, we weren't living there.  We had narrowed down our search to the Farmington area....T-Mobile had coverage. And it looked like it was in the GOOD range.  Awesome.  We were going to be okay.


But I called T-Mobile anyway.  I talked to a Customer Service Representative who confirmed that I would have GOOD coverage within the city limits and MODERATE on the highways.  Which meant that I could get sometimes spotty coverage "here and there".


I didn't give it another thought....until I took my first trip out in June.  I lost signal outside of St. Louis and didn't have it for at least half of the ride to Farmington (which is a full hour and a half).  Inside the city I got coverage....If I stayed in our hotel room and didn't go anywhere.  Just driving through the city limits I would lose signal and who knows when I would get it back.


So I called T-Mobile.  We put in a service order, so that T-Mobile could decide whether or not things were going to improve for me.


I didn't call back for the 'results'...you had to wait 72 hours until much later in the week.  And when I finally did, they had no plans to improve things in the area...but that I would be fine.  I talked to them then about cancelling...but funny me, I wouldn't pay $800 to cancel our 4 lines.  However, Grandma's was only supposed to be $100 (another long story), and when I mentioned she had passed away, they waived it.  But I kept the phone for a while (a playtoy for Baylee).  We ended up cancelling it in July.  I still had another $600 to worry about.  Well, I think that is going to have to wait until after the move.


I believe I started calling T-Mobile within a couple of days of getting here.  We were sitting in our empty house waiting for servicemen (who couldn't do their jobs) and our stuff.  I would literally be sitting still, holding my phone or looking at it as it sat on the floor and I would lose signal...HOW DOES THAT WORK?


So I called, and I complained and they said there was nothing they could do.  I said okay and decided to call another day.  And I did.  And I complained, and I explained that I had 2 children with chronic health issues and how dangerous it was for me to be without cell phone coverage.  The solution (WAIT FOR IT): how about we put a free booster in your home and we can guarantee coverage inside of your home.  My response:  I'm kinda funny, but I have a MOBILE phone in order to be MOBILE.  How exactly will that help me when I'm MOBILE?


Let's just say that conversation ended with not a lot getting done.  And I believe I called 2 more times without anything getting accomplished.


I think it was Tuesday of the following week, and I still did not have anywhere NEAR reliable coverage when I walked into the AT&T store (one of many here in town) and got new phones for all of us.  I'm sorry, I'm not risking my babies.  Our sales person said that she used to work for T-Mobile, gave me a few key phrases and told me I could get out of our contract easy peasy.  Awesome.


So that Saturday, Felix and I decided to use the magic words and get out of the T-Mobile contract.  Sadly, the magic words didn't work.  Our call ended up getting escalated, we got told we had to pay up if we cancelled and an address for the customer service department that might decide to do something.  We even offered to pay half.


It is now the Friday after that.  I haven't written the letter or called T-Mobile because I was so mad from our last phone call that I needed a whole week to calm down.  But this morning, I decided TODAY WAS THE DAY!  And I had to go to WalMart and I knew I got pretty good reception there.


The call started before I got into the store and it was the usual...First:  It's your fault for moving.  Second: Well if you cancelled when you found out the coverage wasn't the same, it would have been $600, so what is the big deal now.  Third: We can give you guaranteed coverage inside of your home....yada, yada, yada....


After I explained I wasn't an attorney, but I understood the basics of contract law...i.e. Each party in the contract received consideration for their participation....T-Mobile was getting my money, I was supposed to be getting service.  When one party did not receive their consideration, it could be considered breach of contract.  So instead of this getting ugly, let's do something amicable and split the cancellation fees 50/50.


Then there was the whole conversation about Terms and Conditions....blah, blah, blah.  I understand Terms and Conditions, I know what I signed up for, I also know that it was not divulged that my coverage would be LESS THAN GOOD, LESS THAN MODERATE, and practically NON-EXISTENT.  Which is about when I started losing my connection...in the middle of WAL-MART.  At this point, I asked for the next rung in the ladder....meaning, please send me to the escalation team.


And then T-Mobile was gone.  A supervisor called me back in about 5 minutes.  I still think it's funny that I lost T-Mobile in the middle of complaining about their service and coverage.  Am I the only one that sees the irony in that?


Anyways....I went through the ENTIRE same conversation with the supervisor.  I finally told her that I am not stupid and I understood how this worked, it was just a matter of me calling back, T-Mobile getting sick of me or by luck of the draw, getting someone who was flexible.


THEN THE BOMBSHELL-----DUM, DUM, DUMMMMMMMMMMMMMMM.....


She told me that if it were earlier in the year, she would totally work with me.  HOWEVER---around the first of the year, all of the cellular carriers made an agreement that NONE OF THEM would discount or offer flexibility or waive any cancellation fees.  WHAT THE?????????


Quick...let's get to the end.  Blah, blah, blah....why don't you get a PAY AS YOU go cell phone on another carrier so you can have a phone for emergencies when your T-MOBILE doesn't work.  Yes, they really said that too.  I finally told her to please move me up to the next rung on the ladder (which she told me it didn't matter how high up the ladder I went, because of the aforementioned agreement), no one was going to waive or discount the cancellation fees.


So I am supposed to have a call back in the next 24 hours from the next rung up on the ladder.


In the meantime, I have time on my hands while I am waiting for the call.  And what do I do when I have free time (that I don't really have) and I'm really, really mad?  Well, I research of course.  Somewhere in that not completely stupid part of my brain, I was having stirrings of recollection from my business law and advanced accounting classes.


Now....I shall share what I have found.


FIRST: please refer to http://www.law.cornell.edu/ucc/search/display.html?terms=contract&url=/ucc/2/article2.htm#s2-106  This would be Article 2 of the Uniform Commercial Code (UCC) which discusses Contracts, contract definitions, breach and obligations of contract parties.


SECOND:  please refer to TITLE 7 > CHAPTER 9 > SUBCHAPTER II > Part A > § 192
(§ 192. Unlawful practices enumerated) of the UCC.  Pay close attention to superscript (F) about the manipulation of the market to control prices....SUMMARY: It's a NO-NO!!!!

THIRD:  please refer to TITLE 12 > CHAPTER 6 > SUBCHAPTER II > § 617

§ 617. Engaging in commerce or trade in commodities; price fixing; forfeiture of charter; acts forbidden to directors, officers, agents, or employees

This would be the part of the UCC that talks about Price fixing (or collusion...for all of you smart people).  Guess what...it's a NO-NO too!

Sooooo, when 'Next ladder on the rung guy' call me....I think I may have to discuss these very fascinating parts of the Uniform Commercial Code with him or her.  Then I think I should mention, that a certain merger between AT&T and T-Mobile is currently under review with the Securities and Exchange Commission because they are concerned about the effect the merger will have on the market...Specifically-a monopoly.  I think the SEC might wanna hear about current business practices, among ALL cellular carriers, but mostly between AT&T and T-Mobile, that may already be trying to manipulate the market in their favor, therefore setting up a monopoly, or at the very least an ogliopoly (do you have any idea how long I have wanted to use that word in a sentence?).


BUT, before I forget...one of the most important things I discovered.  And that would be: 
FOURTH:  US (202) 942-8088...the number for the SEC.  Cuz guess what?  Dex knows DC too!

So.......I'll keep ya posted.  And if you know anyone who hates these guys as much as I do right now....let me know.

Lessons Learned

1.  I might be a little wordy....but not stupid.

2.  Do you think I have a case for getting the rate at a minimum REDUCED....?

3.  Who thinks that AT&T and T-Mobile should be stopped...ME, ME, ME!

4.  I don't think I'm being unfair....but if I am...tell me, I can take it.