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Deceptive Rebate Offer with Cingular Wireless Contract
Posted Sun April 9, 2006 12:03 am, by Philip R. written to Amazon.com, Inc.
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Amazon.com advertised a $150 rebate on a Palm Treo if we signed up for a two year Cingular Wireless contract through Amazon. There is nothing in the Rebate Terms and Conditions or anywhere else on the web pages advertising this "deal" that THE REBATE IS VOIDED IF YOU PORT OVER YOUR EXISTING CELL PHONE NUMBER. After we received the cell phones, registered for the rebate and went online to port over the existing number, we got to an amazon web page stating "Best of all, when you buy a cell phone from Amazon.com and transfer your number with a participating carrier, you will still qualify for all of our greatt rebates and discounts." But then if you read down further it says "Cingular and Amazon.com have not yet established a method for customers to transfer their current number to a new Cingular account. Unfortunately, in order to port your previous number, Cingular will cancel the account that Amazon.com activated and will activate a new account with the ported number. This process makes you ineligible for the Amazon.com rebates. We hope to offer a porting option in the coming months, so please check back."
Now we have to send back the phone to Amazon.com, deal with Cingular to cancel the contract and try to get our phone number back from Sprint. This is a huge hassle and, if we don't have the time to deal with all this, Amazon.com pockets the rebate. This is an abysmal way to treat customers as well as deceptive advertising in clear violation of federal and California law.
Honor your damn rebate agreement! And put a prominent statement in you web pages hocking the rebate with Cingular contract that you can't port your existing number like you can with every other wireless carrier. If you have a problem with Cingular and they can't port existing numbers without canceling the contract -- YOU HAVE A LEGAL DUTY TO MAKE THIS CLEAR.
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Amazon dot com offers rebates on cell phones that make them practically free, or so it seems. Have you bought a phone from them, and then been told you had a choice between taking the advertised rebate and taking your old phone number with you? Or maybe you had to pay extra to port your existing number.
I am looking for somebody who bought into this situation to be a plaintiff in a class-action style lawsuit against Amazon and maybe Cingular, too.
The ideal plaintiff would have kept the phone either without porting their old number, or without taking the rebate, so there are some damages to speak of.
Don't just sit on your rights if this happened to you. Tell me your story. You can reach me at rebateaction@yahoo.com.
The above statements in no way constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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by rcgrosso Posted Wed November 29, 2006 @ 1:34 AM
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I guess I got lucky, I've only had one frustrating evening. Ordered my phone from Amazon last night. Was going to do get one for my girlfriend when I found the 'fine print'. After going back and forth between Amazon and Cingular customer service (four times), each pointing the finger at the other, I will simply send the phone back. It seems to me both companies are at fault. Amazon does not make the situation clear. Cingular seems to be engaging in a busines practiced designed to do nothing short of stealing from their customers.
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by melissa simpkins Posted Sun August 27, 2006 @ 7:11 PM
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This is bull...Amazon is a third-party vendor of Cingular...the only thing you deal with on Cingular is your service, and the phone. Amazon has it stated if you go to www.amazon.com/keep-your-number, IT WILL TELL YOU that if your port your number to Cingular, you WILL be charged $250 for porting your number since they don't have an agreement set up with Cingular. It is on the website and true, the information is difficult to find, a tradeoff when going through a third party dealer for a good price on a phone, IT IS THERE and that is not Cingular's fault. Besides, there are other ways to go about buying service with Cingular where you CAN keep your number, as long as it is local to your home area. Sometimes you have to really search for the fine print to make sure the great deal really is a great deal. I researched that first, went elsewhere and got a great deal on a phone, AND I was able to keep my number. Maybe you should have reposted this towards Amazon.com.
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by Gail R Posted Sat May 27, 2006 @ 4:01 PM
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Oops.. sorry about the blank post.
I have had the same problem with my Nokia 6682 rebate.
But on my rebate, they specifically state:
"You must remain active on the account for at least 180 days to qualify"
And on my first Cingluar bill, I have the original number and my ported-in number showing under the SAME ACCOUNT. And I have kept this account active ever since, so I have complied pefectly with the rebate form requests.
So, I have done everything the rebate form said, and legally, I believe my argument will hold up and theirs won't.
They basically came back and said that if I changed numbers, Cingular would cancel the account they Amazon had made. But this was not true, I have my first bill showing that the number I got through Amazon was activated and then the other number was ported in and the other one deactivated through the same account.
So, what's the best impact to get Amazon to live up to their agreement? Should I just complain to the Better Business Bureau, sue them in small claims court, or can we start a class-action lawsuit?
Thanks,
Gail
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by Gail R Posted Sat May 27, 2006 @ 3:55 PM
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by Susan Murphy Posted Sat May 13, 2006 @ 7:23 PM
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Did Amazon get back to you? I tried posting the same information on their review page for a Blackberry 8700c on a Cingular plan when I found out the problem, but they won't post my comment.
Who doesn't have a cell number they want to keep? A 14 year old?
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by jrdng Posted Mon April 10, 2006 @ 11:53 AM
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I must say, your complaint is probably the first legit complaint I have seen on this website. That is horrible that you got jerked around like that. If the "fine print" says one thing and there is another "fine print" that contradicts the first statement that is the companie's fault. Cingular/Amazon.com's problem for not having better communication between their companies. If they do not have a rebate available for numbers being ported, then they should absolutely not state that they do. That is ridiculous and I hope if they do not honor your request, that you turn to legal action. I would probably print the pages which stated this contradictory information for your records. Cingular has horrible service, and customer service to begin with. Good luck...
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