I want to get out of my AT&T contract without paying a fee - is there any way?

Question Details: I am currently under contract with AT&T for my cell phone, and am NOT happy with the service. I have one year left on the contract, but would like to cancel my contract. Unfortunately, because the contract is not up there would be a $200 early termination fee. I have read that if AT&T can't produce a signed copy of the contract, I have grounds for canceling my contract without also having to pay the fee. However, when I jut called AT&T, I was told that I agreed to the terms over the phone one year ago. First of all, I don't remember this and can't confirm it. Second, I was told that there is a contract, but the one they have is not a signed copy. Do I still have grounds for canceling without a fee? Is my contract in some way void?

Asked 11/3/2009 under Business | 1328 View(s) | More Legal Topics

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Business Law Answers

Unfortunately, performance is what takes it out of the contract and into an enforceable agreement.  If you renewed your agreement by telephone, no signature is necessary.  Are you unhappy with service because you live in an area with very little service/no cell towers?

Did you happen to know the area in which you reside had little service or cell towers when you signed/executed the agreement? Did AT&T indicate this to you when you signed the agreement?

You may not win out.  Unfortunately, the only thing you can do is either wait out the remaining term or negotiate a better deal.

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