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


Asked on 11/20/03, 5:47 pm

2 Answers from Attorneys

Charles White Charles G. White

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.

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Answered on 11/20/03, 6:01 pm
Peter Bradie Bradie, Bradie & Bradie

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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Answered on 11/20/03, 6:41 pm


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