In October 2004, Cingular merged with AT&T Wireless in a move that Cingular promised would "raise the bar" for all customers of both companies. Now former AT&T Wireless users have filed a lawsuit claiming that "Cingular misrepresented to AT&T Wireless customers that they would enjoy the benefits of their current phones, rate plans, and features, without any service interruption," but that instead, "existing AT&T Wireless subscribers who have not 'transferred' to Cingular have suffered, and continue to suffer."
The suit, filed yesterday by seven plaintiffs in U.S. District Court in Seattle, alleges the AT&T Wireless network was intentionally degraded, even dismantled, by Cingular, and that they were given limited choices. They could either pay to switch to the Cingular network and get a contract with generally less-favorable terms, or they could pay an early-termination fee, or they could stay with the AT&T network where the service was getting worse and worse. The suit seeks $5 million plus punitive damages, and names Cingular, AT&T Wireless, and AT&T as defendants. The plaintiffs are seeking class action status.
Cingular has not addressed the case in detail, but did say they have spent $6.5 billion integrating the two networks. Clay Owen, a spokesperson for Cingular, said, "One of the reasons Cingular acquired AT&T Wireless was to better serve consumers — and we're doing just that." He also said Cingular would soon be providing more incentives for AT&T Wireless customers to switch, including new rate plans and new phones.
There are six million former AT&T Wireless customers still on the AT&T network, down from 22 million at the time of the merger.
In an interview with Marketplace Morning Report, one analyst suggested the timing of this suit was suspicious. "This is like ambulance-chasing after the patient is already healthy again," he said. He was referring to the fact that Cingular dropped the $18 transfer fee for AT&T Wireless customer after a story appeared in a national magazine about it last year. He also said AT&T Wireless charged less than any of its rivals precisely because they had a poor-quality network. At this point, he suggests, former AT&T Wireless customers can stick with the lousy network they've always had, or they can switch to a Cingular contract on the same terms that everybody else gets.
Article comments
— go to most recent comments1 - Phillip Winn
After piecing together the paths of the various Baby Bells, my head hurts. :-)
2 - Anna Creech
I've been with Cingular for four years and haven't had any problems with service. If anything, it's gotten better. Seems like the former AT&T wireless customers are whining over nothing. Their company got bought out. Get over it.
3 - lori
Well, anecdotal evidence doesn't really tell the whole story, does it?
That said, here's mine. My husband and I both had AT&T service. Shortly after Cingular bought AT&T, my cell phone died. In order to get a new phone, I had to switch to Cingular. I could not keep my AT&T account. And I had to pay the $18 switching fee.
My husband's phone and account were only a few months old, so when I asked if he could or should switch to Cingular, the answer was that of course he could switch, but his current phone wouldn't work with Cingular, so he'd have to get a new one. I'd bought him a very nice phone, so there was no way to get an equivalent phone without paying for it -- it wasn't in the freebee category.
So to keep us on the same service and to be able to get a family phone plan, which would save us money, we'd have had to buy him a new phone and pay the $18 switch fee.
Yes, I can see how Cingular is "better serving consumers" with those policies.
So my husband has been on AT&T the entire time, and comparitavively, his service is far less reliable than mine.
Sounds like there may be a lot of people out there with similar complaints.
4 - Phillip Winn
Lori, your husband shouldn't have to pay any fee to switch now. They did away with that last year.
The requirement to switch phones is actually the result of a technical choice on the part of AT&T. AT&T banked on TDMA technology, which was the worst possible choice, as any good geek could have told them at the time. That's actually the root cause of all of AT&T's woes. TDMA doesn't scale well and just sucks overall. Both CDMA (which Verizon uses) and GSM (which Cingular uses) are better.
Your husband should be paying comparatively slightly less for his AT&T service, based on all the information I've seen, and that is because the network generally isn't as good.
Anyway, I guess I'm saying that AT&T users are kinda stuck, yeah, but I don't think it's necessarily Cingular's fault. At least not since they killed that stupid $18 switch fee.
In any case, it sounds like Cingular plans to make life a *little* easier for you soon.
5 - lori
Thanks, Phillip. We haven't looked into switching him over for at least two years, I'd say, so I didn't know the fee had been dropped. That is good news, but it should never have been there in the first place. (I'm sure I won't get a refund!)
My husband will eventually switch, or maybe we both will switch to a different service so we can get a family plan, but his phone still works and does most of what he needs it to do. If he could switch and keep his phone, we'd be in business. But we're not prepared to buy another phone just so we can take advantage of the "free" switch.
6 - Phillip Winn
Since it sounds like you're off a fixed-term contract, you might want to consider switching to Sprint or Verizon. Both have family plans, I believe, and they should give you nice new phones when you sign up.
Where I live, Sprint has a wonderful network that has steadily improved. It may be different where you are.
7 - Heidi
I'm glad they're being sued - they deserve it. I never had any problems with AT&T. I've had nothing BUT problems since Cingular bought them out. I've hardly been able to use my cell phone the past few months. And Cingular's customer service sucks, on top of it. I'd heard AT&T might start up its cell service again, so I was waiting to switch back, but I don't know...
8 - Phillip Winn
AT&T *is* Cingular, Heidi, and they aren't going to be restarting the old (bad) TDMA network at any point. TDMA technology was a bad idea to start with, and it has gotten worse with age. In the meantime, Cingular/AT&T has invested $6.5 billion in their GSM network.
I'm not sure why bad service deserves a lawsuit. I would think that customers ought to exercise their perogative to use another service, but here you are, paying the company every month while thinking they deserve to be sued. What a country! :-)
9 - Sergio
This action is exactly the situation my family and I found. We had just received new AT&T phones when some 2 months later Cingular took over. Nothing but poor reception and the standard response has always been "we have new Cingular phones, and new Cingular plans" - in short we only want to sell you something new rather than ensure your current equipment works.
That was why I left Cingular to begin with.
10 - Phillip Winn
Sergio, that seems to be a common situation, and the best possible response. The way to make a company like Cingular treat people better is to refuse to give them business until they do. Good for you.
11 - Heidi
You seem to have an awful lot of time to post messages, Phillip.
And yes, bad service that was INTENTIONAL, which I believe Cingular's was to former AT&T users, does warrant a lawsuit in this case. Now that I know I am not alone, and it is not just my experience, I am leaving Cingular. And by sitting on your high horse, you come off as rather obnoxious in a way, Phillip.
12 - Joanne
I have an old A T & T go phone account and I will not switch, until the phone dies. I was told that once my phone does die, I will have to get a new phone and convert to cingular, which i think stinks because I will lose the same phone number that I have had for the last three years now. The cingular go phone plan for my price range is not as good as A T & T and I will be one of the last holdouts. And I do have really good reception on my phone.
13 - frostypo
I loved my old AT&T service. After Cingular took over, I had nothing but trouble with the service and the billing. I finally switched to a Cingular account and phone, at their urging, when I called to complain. Suddenly calls were being billed to my employer. I couldn't figure out what was happening. Then when I called to protest an overcharge, I found out that they set my account up so that all my calls were billed to my company instead of just giving me a discount that I was entitled to. I almost lost my job over that one. I was so furious, I told them I wanted to cancel my account as their service had been so terrible. I finally had to talk to a supervisor to get the charges waived. I received 2 final bills showing a credit. Now I'm suddenly getting bills tellilng me I owe them 1.06! I'll be happy to join the
lawsuit!
Do you work for them Phillip?
14 - Lauren
I switched to verizon after cingular bought out AT&T. My phone broke and I had insurance on it, but cingular told me that they could not replace the phone because it was no longer made. Worse yet, the only phones I could *purchase* were Cingular. Why had I been paying for insurance even after Cingular bought out AT&T when it did nothign for me? I ended up *purchasing* a new phone and paying an early termination fee. I was promised the same plan for the same price per month as my AT&T plan because of all the problems I faced. For $50 a month, I went from 600 minutes to 400 minutes. I lost early night and weekends, unlimited text messages, among many other features. Imagine my suprise when I received $946 bill the first month I switched over to Cingular. I was told that I had to pay this bill or my service would be shut off. After I paid it, I could have it rectified. As a poor college student, coming up with that kind of money was quite difficult. After I paid it, I contacted singular to rectify the situation. The responce I was given was, "If you had a problem with the bill, you shouldn't have paid it." I immediately payed yet another early termination fee and switched to Verizon.
15 - charles
I never had a problem until cingular took over att. Now I am told I can't get another phone unless I switch to cingular network but am unable to keep the minutes etc. if I switch networks. Cingular network only offers 1/2 the minutes for the same price. I won't swith and I'm glad they are being sued!!!
16 - Beverly
I have been a cingular wireless customer for going on 5 years and find their service great. Customer service is very good and their replacement and /or repair service is quick and painless. AT&T customers should switch over, port their old numbers if they wish and enjoy superior service.
17 - Mr. Real Estate
I was with AT&T and switched to Cingular after Cingular bought AT&T because some sales guy from Cingular told me I had to switch to get a new phone.
I think Cingular sucks and would love to sign this class action suit that's going around, because I feel I was suckered into joining Cingular.
Here's my experience with Cingular.
I had roaming charges on my bill a number of times. I finally called them to complain. From my experience, if you're not firm with their customer service folks, they don't always listen. They also have some idiotic policies. For example, if I buy a new phone before my contract ends, I have to buy my current phone again. Cingular also sends you a late notice before the due date of your payment, and their totals for what you owe do not always add up to what you really do owe, so you may end up overpaying.
Bottom line? Cingular is the most inefficient corporation on planet Earth and their customer service is THE worst I have ever experienced. Cingular customer service reps argue with me every time I complain.
If I didn't have more than 7,000 rollover minutes, I would throw my Cingular phone out the window and kiss Cingular goodbye.
I miss AT&T. they were the best, until Cingular bought them. I think Cingular would be much better if it were owned by AT&T.
18 - Renee
Cingular has THE WORST customer service of any company that I have dealt with. The problem that gripes me the most is one that I have not seen posted yet - please let me know if anyone else has experienced this...when I get my bills from Cingular, I always receive them about THREE WEEKS AFTER the "closing date" on the bill. WHAT'S THE DEAL WITH THIS??!! If I don't turn around and pay it almost immediately, they turn my phone off about a week later!!! My co-worker is having the exact same problem and we are wondering how many other people have had this problem? Once, they actually turned off my phone BEFORE I even got my bill!! I even tried
going online to keep track of my account, but for some "strange" reason, the information on there is never up to date. Seems to me like a great way for Cingular to try to collect a lot of those very profitable $39.00
"service restoral fees..." Personally, I LOVED
the service I received from AT&T and NEVER had any of this crap to deal with. Oh, and a note to Joanne (who posted a comment above)- my husband also has a "go phone," (AT&T) and loves it. The last time I added minutes to it, Cingular told me that they are "phasing these out" by the end of the year, and he will have to buy a Cingular phone and plan!! I'd rather go elsewhere. And a little note to Phillip...if we could all switch to another provider without paying those outrageous "early termination fees"
I think we would have all done that. I, for one,
will not be renewing ANY of my contracts with them, and I have five (mine and my four teenage kids). Cingular has caused me more aggravation than any other company in my lifetime.
19 - Sterfish
I've heard that Cingular plans to change its name to AT&T Wireless sometime in the future (to coincide with SBC changing its name to AT&T). I wonder if this lawsuit will have any effect on that.
20 - Christopher Rose
Cingular may be the worst in the USA but I'd like to offer up Spain's Telefónica/Movistar as even worse.
Not only do they still have a national monopoly, like BT used to in the UK, but customer "service" people are rude, arrogant and unhelpful. Finally, even though you can sign up online or by phone, you can only complain about their unreliable DSL service or quit by fax.
Grrr, I hate Telefónica!
Telefonica Sucks!
21 - Eric Dugan
My bill was nearly doubled from $262 a month for 2500 minutes to $487 and Cingular wireless said it was due to the extra taxes that they had to pay versus AT&T!!! They stated they have a higher tax bracket than anyone else! They tried to fatique me into compliance and after 4 hours with customer service they simply cut off my service and took me to collections at a tune of $1600 for cutting off service too soon!!!!! Guess they learned alot from King George....
Even though they cut off service, and had no right....they classified it as a dispute between me AND AT&T! AT&T was great....Cingular was stealing. They have really hurt my credit rating!
For three weeks I tried to make a complaint to the FCC but the lines were busy nonstop. ANY lawyer who wants to involve me in this or any case against Cingular I am all there! I want no money, only cleared credit. Perhaps Cingular wireless has learned that Crime does pay, at least in the short term! Dr. Eric Dugan
22 - jim
after reading from the other folks who had at&t (which i thought i was the only one out there who had to switch) , i must agree that after the switch i experienced numerous dropped calls and dead time on phone..When i called to acquire why i was told it was my phone. There was no replacements at stores but only on line and the selection was poor.I waited a few months and had to get switched over from their so called blue /orange status,to cingular based .Not only was my plan decreased but the cost more than doubled to get something even remotly close to what i had before and it still lacked many of the old features ...Also when i called before with a problem i could talk to someone now i have to call between certain hours and placed on hold forever and then an operator with pissy attutide tells me that s the way it is to bad buddy... i m not attacking anyone here i m just stating my opinion --i do hope the suit gets the resolve it needs
23 - jim
after reading from the other folks who had at&t (which i thought i was the only one out there who had to switch) , i must agree that after the switch i experienced numerous dropped calls and dead time on phone..When i called to acquire why i was told it was my phone. There was no replacements at stores but only on line and the selection was poor.I waited a few months and had to get switched over from their so called blue /orange status,to cingular based .Not only was my plan decreased but the cost more than doubled to get something even remotly close to what i had before and it still lacked many of the old features ...Also when i called before with a problem i could talk to someone now i have to call between certain hours and placed on hold forever and then an operator with pissy attutide tells me that s the way it is to bad buddy... i m not attacking anyone here i m just stating my opinion --i do hope the suit gets the resolve it needs
24 - Phillip Winn
No, I don't work for them, but I get an email every time someone leaves a comment here, so it's easy to come back and respond.
I was an AT&T Wireless customer once upon a time, but I'm also a hard-core geek, and I thought they went with the worst possible technology for their network, so when service started to deteriorate, I jumped ship to Sprint, where I've been quite happy.
I actually think AT&T Wireless has sucked for a long time, and I encourage all of you to vote with your monthly checks and switch to someone else -- NOT Cingular.
What I object to is that people are conveniently ommitting certain important facts when discussing the case, and threatening lawsuits where I believe non is warranted.
FACT: Your network sucks.
FACT: You've been charged less *because* your network sucks.
After all, why are you all still on AT&T? Because you *love* the crappy network? No, because it's cheap! Sure, there are other minor factors involving phones and such, but I've owned two new phones since Cingular bought AT&T, and most people I know have changed phones at least that many times.
So get off the high horses, kick something to get out your frustration at Cingular, and move on. Yeah, they suck. Most large companies do. If I sued every company with poor customer service, I'd have a hundred outstanding lawsuits, and so would you.
In AT&T's defense, they ought to be able to produce documentation that they've charged most customers *less* than the going rate, at which point the lawsuit becomes truly, truly silly.
Sometime I oughtta tell you guys about what happened when *($#@*(@ Washington Mutual Bank bought out my beloved Saving of America Bank here in Texas. I'll never understand why there are so many happy Washington Mutual customers, because they really screwed up my Savings of America account. You know what I did?
Switched banks.
25 - frank f
ive had 3 lines from at&t for the past 2.5 yrs. through university of miamis corporate plan. shortly after i connected the 3 lines cingular took over. on the first cingular billing cycle, my normal monthly bill of $75 went to $110. i called and complained and received a credit totaling the difference. for the next 3 billing cycles the same ocurred. i started having excessive dropped calls, and the transmission quality went to garbage. ive had to deal with it cause changing to any other company would cost time and money!! unfortunately, 5 months ago i was forced to connect an aircard for my work laptop and the easiest way to do so cause of credit qualification reasons was through cingular! boy what a ride!! they gave me a 30 day buyers remorse period in which the service was somewhat good but inconsistent. then after the 31st day the service hit rock bottom. cingulars reason was that they were working on upgrading their towers in my area, and no way to tell how long before finished. to make a long terrifying story short, after over 9 documented hours on the phone with every dept. and supervisor known to cingular, they waived the cancellation fee, but would not refund me for the air card ($99) or the $120 for the service during the bad transmission period. the only thing i can say about my experience with cingular is that they suck so bad it isnt even funny!!!!! if the class action goes through and i can be part of it, i guarantee ill be in the front line claiming my $219!!!!!!!!!