AT&T - asked the responsible management of AT&T, you among them, if you would be so kind as to waive the $200 early termination fee you have imposed, since it was AT&T that was unable to provide service and live up to its end of the contract. To my surpri

AT&T - asked the responsible management of AT&T, you among them, if you would be so kind as to waive the $200 early termination fee you have imposed, since it was AT&T that was unable to provide service and live up to its end of the contract. To my surprise, no one stepped forward to even acknowledge my letter

June 26, 2004 - consumer follow-up message - From: //

Within 4 hours of this letter to AT&T, I received a call from an executive staffer who was empowered to reverse the $200 discontinuation fee and an additional $36 "activation" fee. I probably could have asked for more, and I know I could have taken them to court and gotten much more, but I have better things to do.

So, remember what Ralph and Laura Nader say, "If nobody complains nothing gets better."

To the Responsible Officials of AT&T:

You may remember me from my question to you on April 29, 2004, "Why Does AT&T Treat Its Customers So Badly?" I asked the responsible management of AT&T, you among them, if you would be so kind as to waive the $200 early termination fee you have imposed, since it was AT&T that was unable to provide service and live up to its end of the contract.

To my surprise, no one stepped forward to even acknowledge my letter. Each of you, no doubt, thought that someone else would take care of it. And, in fact I did receive one phone call, from a young man in your employ named "Victor," and one letter... both demanding that I now pay AT&T $236, or the matter will be turned over to a collection agency.

Since I had previously informed you that this debt is in dispute, and that the controlling law was the Fair Credit Reporting Act, not Contract Law, I believe that AT&T now stands in violation of 15 USC 1692k, which is also Section 813 of the Fair Debt Collection Practices Act. Under Section 813(a)(2)(A) of the FDCPA, I may be awarded actual damages, plus up to $1,000 for each time you contact me, harrass me, refer the debt to collections, or report it to a credit bureau, or otherwise attempt to prosecute the debt while it is in dispute. It seems I now have causes of action against AT&T for upwards of $2,000, plus attorney's fees if I prevail. I am sure it would cost you more than $236 just to get an attorney to even look at the case.

Also, I am curious as to what the extra $36 is for. I noticed while rereading Section 808(1) of the FDCPA that it

"prohibits collecting any amount unless the amount is expressly authorized by the agreement creating the debt or is permitted by law.

1. Kinds of amounts covered. For purposes of this section, "amount" includes not only the debt, but also any incidental charges, such as collection [53 Fed. Reg. 50108] charges, interest, service charges, late fees, and bad check handling charges. 2. Legality of charges. A debt collector may attempt to collect a fee or charge in addition to the debt if either (a) the charge is expressly provided for in the contract creating the debt and the charge is not prohibited by state law, or (b) the contract is silent but the charge is otherwise expressly permitted by state law. Conversely, a debt collector may not collect an additional amount if either (a) state law expressly prohibits collection of the amount or (b) the contract does not provide for collection of the amount and state law is silent. 3. Legality of fee under state law. If state law permits collection of reasonable fees, the reasonableness (and consequential legality) of these fees is determined by state law... Considering that the $200 you are trying to charge me is supposed to be for your general damages, I don't see how we can have an agreement for you add damages on top of damages. It seems redundant, unjustified and never ending.

I would like you to send me a copy of whatever contract I supposedly signed in which I allegedly agreed to this charge. This would, I am sure, also be the same piece of paper, on which I allegedly agreed to pay 40 or 45 cents per minute for call forwarding. I don't recall being presented with such a contract at signing, and if I was, it could only have been bait and switch. In any case, I am now beginning to form the opinion that by adding on new charges AT&T is backpeddling on our last settlement agreement. And, I am beginning to think, that if I should find myself in court, I should ask the court to void those charges as well. I would be very happy to end this matter now. All I need is for someone in authority to write to me saying that AT&T has waived its $200 early disconnection fee, and whatever the $36 is for, and have it be true... I, in turn, will relenquish my claims aginst AT&T.

Greg S

Sacramento, CA 95816

Why Does AT&T Treat Its Customers So Badly

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