I was wondering, what does everyone who has gotten this update notice, think about it? To me the main idea of it is to prevent anyone from going into a class action suit against Cingular, by using an arbitrator or small claims court for all disputes. I wonder how many people will try to get out of contract with this updated clause, it doesn't say where you have a period of time to agree or refuse these new contract terms. And for those who didn't get it yet, or non-Cingular customers it basically states, Any and all disputes with Cingular that don't get resolved by calling CS, you can write to them to have it go to arbitration, or small claims court. Under this clause, they will pay your $125.00 fee for the arbitration, and if you win in any case under $10,000.00 they will pay what the arbitrator awards, plus legal fees. It say's on the front: In bold type it say's: And in another area it say's in bold type:
I would say the period is 30 days as usual. A lot of time they say that this will take effect on X date but I also dont see where this is a metrial change to teh terms of service but more like an update that can be argued that is more to teh interest of teh consumer. This could very well be the pre-curser for the trouble that they invision when the price increase of SMS takes effect.
page 4 .... look for 30 DAY CANCELLATION PERIOD/TERMINATION loosley translated ....make a decision on day 31 and it will be expensive
I see nothing in this new "Notice of Improved Arbitration Clause" that say's anything about a 30 Cancellation period for not accepting this new clause. The only thing on page 3 is "If Cingular and You do not reach an agreement to resolve the claim within 30 days after the notice is recieved, you or Cingular may commence an arbitration proceeding" I believe your looking at the actual Contract and not this new Arbitration Clause.
Not to mention that it will be challenged, probably successfully, in court -- you can't force people to opt out of a class action, and you can't stop a judge declaring a class.