[Chernabog]

Just a quick update on the problems with Cingular. They completely ignored my letter. No response, no problem fixes (actually, the problems got worse).

I switched to Verizon, which, according to Al, has the best consumer report rating of any cell phone company out there. I'm quite satisfied with Verizon -- I actually receive every call and voice message.

Attached is the letter I just sent to them. DO NOT USE CINGULAR WIRELESS, THEY HAVE TERRIBLE SERVICE AND THINK THEY CAN GET AWAY WITH IT.


March 2, 2005

Cingular Wireless
Attn: Office of the President
P.O. Box 755
Atwater, CA 95301

Re: Cingular’s Breach of Contract, Tel # 323-XXX-XXXX

Dear Cingular Wireless:

On Saturday, February 26th I was forced to cancel my contract with you due to your complete failure to provide service and unwillingness to acknowledge, much less correct, the problems I have encountered. I had complained about these problems on numerous occasions and your company was either unwilling or unable to rectify the problems. I sent a letter to you on February 1, 2005 (copy enclosed) regarding some of these issues. As of this date no response to the February 1st letter or the problems detailed therein were addressed.

These problems are being forwarded to the California Public Utilities Commission.

I understand that your position is that Cingular does not “guarantee continuous service”. I understand every cell phone drops a call occasionally or has technical issues from time to time. However, the problems I had experienced with your cell service were more the rule than the exception, and amounted to more than simply a “continuous service” issue. It amounts to a breach of your agreement to provide service.

These issues have had a severe detrimental effect on my business, impacting greatly on my income. I have been informed by a number of people who provide work to me that due to their inability to contact to me, work was given to others. This has resulted in a loss of income. Their inability to contact me was a result of your lack of service over a two-month period.
Problems I had been having included:

1) Voice messages being left on the voice mail system which were not retrievable until hours or days after they had been left.
2) Voice messages being left on the voice mail system which were never retrievable/recorded by your voice mail system.
3) People trying to contact me would get repeated “mobile customer you are trying to reach has traveled beyond the service area” messages when I was, in fact, within the service area.
4) My cell phone would ring one time and then stop. The phone would not register that I had missed a call. The person on the other end would get one ring followed by a “mobile customer you are trying to reach has traveled beyond the service area” message or a fast busy signal.
5) Calls would drop about 50% of the time even when I was not moving/traveling.
6) People who telephoned me were unable, on numerous occasions, to leave voice mail messages, instead getting a fast busy signal.
7) Your call center supervisor lied to me in order to eject me from the customer service call center (See Letter of February 1, 2005). I had told her that I would be forced to switch wireless providers if the problems I had been having were not fixed. Combined with the non-response to my letter of February 1, 2005, you are unwilling and/or unable to fix the problems I am having.

Due to these problems, I would like instructions on where to return my Cingular cell phone. I would also like my final payment pro-rated as of the day I cancelled cell phone service with Cingular, February 26, 2005. Finally, I would like the contract cancellation fee waived. I refuse to pay this fee since Cingular is in breach of contract, having provided a level of service far below anything contemplated in the signing of the agreement. Attempting to charge me with the contract cancellation fee, or taking any action that has an adverse effect on my credit will result in legal action against Cingular Wireless.

I look forward to your response within the next ten (10) days.

Very truly yours,



Joseph M. Levy, Esq.

Cc: California Public Utilities Commission