Legal Question in Business Law in Texas
Forced obsolesence of cell phone & services
As of May 03 I am no longer under contract with my cell phone company. My cell phone service has gone to pits recently. Yesterday, when I talked to Cingular Wireless about it they told me it was due to a change to the new GSN technology and my phone was not quite compatiable with it. So to continue I could sign a two year contract and they would give me a compatible phone or I could purchase another phone. I suspect this type of business practice is not legal or at least unfair practice, but I need confirmation and legal direction.
Thank you,
K R Young
2 Answers from Attorneys
Re: Forced obsolesence of cell phone & services
Of course, the answer to your question largely depends upon how your contract is written. If you are signed up on a contract which has not yet ended, they should either make the service available, or make a phone available to you at no additional cost that will work with their new system. If the term of you contract has ended and you are merely on a month-to-month basis, then it is logical that they can impose the new requirements. If they induced you into "buying" a new phone which has become unsable within a relative short time, then that is another question. That happened to me a few years ago, where they changed to a different system a month after they sold me a new phone for $250. They agreed to swap the phone for one that would work. If that is the case, you should get a swap on the phone or a reasonable credit on the purchase.
Re: Forced obsolesence of cell phone & services
It's legal, and simply a change in technology. If you bought your phone only a year or so ago, you might be able to negotiate a trade-in.
Or see if some other service is more compatible with your phone since you can now transfer phone numbers.
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