I have an ATT contract dated in Oct- 2004- before Cingular bought ATT.
> Now Cingular is saying that I owe it $170 for cancellation fee if I
> tranfer service to Verizon.
> My contract was with ATT and I never signed anything with
> Cingular. So, looks like the ATT contract is shakey at best.
*READ* the contract. Dollars to donuts, it expressly says that they _can_ "assign" it, without affecting _your_ liabilities. If the contract is silent on the issue, then by long-standing principle, either party can assign their interest to 'somebody else'. The only time that is disallowed is if the contract explicitly states that (a) no assignment is allowed, or (b) that assignment is allowed *only* with the consent of the opposite party in the contract.
Thus, _unless_ the contract specifically states that they cannot assign it without your consent, you =are= liable for the termination fee in the contract you signed.
A question -- putting the shoe on the other foot -- what would your attitude have been if Cingular had just turned off your phone, without any notice or warning, on the day their purchase became effective? I'll _bet_ that you would have been screaming "breach of contract", threatening lawsuits, etc., etc.
Well, contract commitments work _both_ ways. If they're compelled to provide you service under that contract, you are required to pay the early termination fee, if you cancel before the full term.