Cell phone contracts

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[edit] Cell phone contracts are evil!

Most cell phone companies these days make you sign a 2-year contract -- not only when you first sign up but also when you change your account/plan in seemingly any way.

I believe these contracts are absurd, disrespectful, unreasonable, highly undesirable, and anti-competitive.


[edit] People who agree with me on this point

Buzz About Wireless - I do I get from here to there... change plans, add line, no contract (http://forums.buzzaboutwireless.com/baw/board/message?board.id=Plans&message.id=263). Retrieved on 2007-05-11 11:18.

ByrneIT,2007-07-17

Why is it impossible to get a plan change without a contract? What is the technical or operational reason this is impossible?

That is just one of the extremely customer unfriendly policies Sprint has. If someone is month to month, they should be able to change their plan with some period, say once a quarter or a year, without having to sign up for another year. Circumstances, especially business circumstances, change. One of the things that really got me mad at sprint was finding out that my contracts got reset when we went for 2000 to 4000 minutes 2 years ago, and I then found that I couldn't use most of those minutes because of no coverage @ my new house, which I moved to 6 months later.

Especially when every plan change requires multiple calls to sprint to fix the inevitable billing screw-up that follows.

I wouldn't have a problem with paying more to be month to month than versus a plan (I'm finally off contract), but there is no way in hell, with the current awful level of customer service, that I am going to sign any long term contracts with Sprint.

Alltel is whupping your butts in ads over exactly this policy.

http://forums.buzzaboutwireless.com/baw/board/message?board.id=OffTopicRantsandRaves&message.id=446. Retrieved on 2007-05-11 11:18.

Just be the Best,

The other thing that irritates me is the 2 year extensions for doing ANYTHING. Changing a plan should not reset the clock. Why don't you be better than the competition and make us stay that way instead of strongarming us into new two year contracts at the drop of a hat.


Adding a new line was one of the catalysts that changed your plan. Whenever you alter a contract such as that, you will need to renew your contract.


So why don't you just lock in the rate for two years instead of forcing me to stay with you? I upgraded calling plans at one point and had to start my two years all over. Why? I understand if you give me a deal on a phone or something like that. I'm willing to sign a contract for money off my initial purchase. At that point my two years of service are offsetting the price of the phone. But why would I have to promise you I won't leave for two years, just to add more minutes to my plan? If you want me to stay, maybe you should give me a reason to.


Exactly. It is of no benefit to us to have the contract. Competition keeps the price down, not the benevolence of Sprint. Just be the best. We'll stay. Apparently you don't believe you can be. I understand signing on the phone to cover Sprints cost, but on plan changes, it's bull**bleep**.


Why don't one of you Sprint people give us a justification for you asking for two more years if I want to change to another plane. Just for the sake of argument, lets say it is a more expensive plan I want to go to cause I need more minutes. I'm waiting, I'm sure this will be entertaining!

[No one responded to his challenge.]

Sprint: Sprint Changes Plan And Renews Contract Without Consent - Consumerist (http://consumerist.com/consumer/sprint/sprint-changes-plan-and-renews-contract-without-consent-239440.php). Retrieved on 2007-05-11 11:18.

I also have Sprint and I wanted to add a line to our family plan for my son. When I called just last week, the CSR was VERY clear that if I added a line, the old Fair and Flexible Plan we are on was no longer offered and she would be unable to add the line unless we signed up for a new two-year contract under a plan that was CURRENTLY being offered.

All the plans currently being offered suck donkey balls compared to our fair and flexible plan so I told her to stuff it, in the nicest way possible, and signed my son up for a pay-as-you-go phone with a different carrier.

I am giving up my Fair and Flexible when they pry it out of my cold, dead fingers. So to speak.

It is entirely possible that her first CSR was not clear about the old plan going away/new plan currently offered thing but if she used the language she used with me, you'd have to be drunk not to understand you were getting a brand new plan that probably sucked donkey balls compared to your old one. I'm going to give her the benefit of the doubt and assume she had a sucky CSR.


"Welcome to The Sprintrix, everything you know and love is our reality. We reserve the right to convert, renew, terminate, elongate, change, sell, distort and sub-contract your account and or contract information at anytime, in anyplace, at any opportunity, in any instance, and during any crisis we so choose, and hereby see fit.

..."


this sums up just about everything wrong with the business practicies of mobile operaters like sprint. Having been a customer of Sprint since the early days of their service when everything was pretty much cut and dry, I find the current array of billing options to be quite daunting. To top it off, the automatic requirement of contract renewal when certain events happen can be sort of maddening.

If it weren't for the volume discount I recieve thorugh my employer I probably would have left sprint a while ago.

CamWorld: How Sprint PCS Loses Customers (http://www.camworld.com/archives/001333.html). Retrieved on 2007-05-11 11:18.

My last three usage statements show I've barely used 200 minutes a month. I figured it was time to call Sprint and change my plan.

Me: Hi, I'd like to change my service plan.

Sprint: Absolutely. I can help you with that.

Me: I've found that I'm not using my phone as much so I'd like to change the plan I have with Sprint.

Sprint: We currently show that you have the $45 Free & Clear Plan. Would you be interested in our new Fair & Flexible Plan? It's $35/month and you get 300 Anytime minutes and each additional 100 minutes costs $5.00.

Me: That sounds good. Are there any fees involved with switching plans?

Sprint: There are no fees but we do require a 2-year contract agreement.

Me: That sounds odd. I've been a Sprint PCS customer for over 7 years. Why are you locking me into a 2-year plan when I've been such a good and loyal customer?

Sprint: I'm sorry sir. I understand where you're coming from but that's our policy.

Me: I understand. I'm not blaming you. You're not responsible for the company's policy. It just seems strange to me that Sprint is treating their best customers like they are brand new and don't have a history with Sprint.

Sprint: I'm sorry sir, but the best I can do is offer you 5% off your monthly bills for the next year, but we still require you re-sign a new 2-year contract with us.

Me: Please let me speak with your supervisor.

[On hold for a while...]

Supervisor: Hello Mr. Barrett. I understand you have asked to speak with me about our company's policy.

Me: Yes, I've found I'm not using my cell phone as much as I used to and would like to change my plan. But the rep I spoke with tells me I am required to agree to a new 2-year contract just to switch plans. I've been a customer with Sprint since 1998. I'm very happy with the quality of the service I get but am not happy at all with the service plan contract. Why are you treating your loyal customers this way?

Supervisor: Yes sir, that is our policy. I understand your complaint but I cannot change our policy. The best I can do is offer you the $35/mo Fair & Flexible Plan with a 1-year contract.

Me: That is not acceptable. I have been a customer with Sprint for over 7 years. I should not be required to sign a new contract just to switch plans.

Supervisor: I'm sorry sir, but we cannot change our policy.

Me: I understand. It's not your fault Sprint treats their loyal customers this way. Unfortunately, I am going to have to cancel my account with Sprint and find a new carrier that has a more fair and flexible (ahem...) service agreement. Goodbye.

So I actually haven't canceled my account yet since I am still researching the competition. [...]

It just floors me that Sprint wouldn't bend over backwards to keep a loyal customer like myself. I had no intention of canceling my service with them but their policies are so predatory and unfair that I am going to cancel my service on principle. Companies like that shouldn't be allowed to be in business.

Dougal Campbell,April 27, 2005

Yeah, pretty much all of the big carriers are requiring 2-year contracts these days. It's a major crock. I've been hearing radio ads for Metro PCS that say that they don't require a long-term contract.

Several years ago (~1997?), I had a phone from, umm... what were they called before they became T-Mobile? PowerTel, that was it. Yeah, back in the day, they did month-to-month plans. At $20/month, if you can believe that. What the hell happened to this industry?

Sara,April 27, 2005

I agree with Dougal -- the cellular industry has become such a racket in the last few years. They apparently think that since everyone has to have a cell-phone (and pay for it), they can jack prices and extend contracts at will.

I used to be an AT&T customer, but their customer service is absolute crap, so I switched to Verizon. I recently changed my calling plan over the phone, and the Verizon reps were very helpful. I didn't have to extend my contract by 2 years -- just one year from the change-of-plan date, which is okay with me.

The two-year contract thing confuses me...I don't even have a 2-year contract on my APARTMENT. Why would I want one on a phone??? And why do I have to pay more for a 1-year contract??? It's headache-inducing for sure.


"You're not a loyal customer. You're a shameless consumer and Sprint called you on your bluff."

First of all, I have not yet canceled my Sprint account. I am still evaluating my options.

Secondly, the issue is not one of deciding which provider to choose. The issue that I'm complaining about is the requirement of being forced to sign a new contract just to change plans - this, despite my seven years of loyalty. I had no intention of cancelling my account when I called - I simply wanted a different plan.

At this point, switching carriers and getting a new phone is a better cost option for me than re-signing a contract with Sprint, since I would need to get a new phone soon anyway.

Sprint had the opportunity to keep a long-time loyal customer who was happy with their service and they chose to throw that away because of a poorly thought-out policy.

Lastly, signing a lease for an apartment is completely different than signing a contract for a cell phone. Multi-year cell phone contracts for new customers is understandable because the carrier has to recoup some of their infrastructure costs. But I am not a new customer and Sprint has spent the last 7 years "recouping" costs from me. It's fair to say that Sprint has been making money off my loyalty for quite some time now. Forcing me to re-sign a new contract just to switch plans is definitely predatory and unfair when you consider that Sprint has no losses to recover from selling me such a service.


If you want to compare phone contracts to apartment leases, most apartments allow you to go month-to-month after you've completed the intial 1 year lease. Cell phone companies don't.

I also inquired about getting a new phone with Sprint, as my current one is a few years old. The best they could offer me was a $150 rebate, but you still have to pay the full cost of the phone upfront. And if you look at the costs of a phone with decent features, it's more like $350.

It makes more sense to just jump from provider to provider, to get their initial deals on new phones. I'm guessing across the board, they are all enforcing and pushing these longer contracts in response to the number portability act.

It really makes no sense though that they don't offer better deals to upgrade your phone. How are you supposed to take advantage of Sprints latest features if your phone cannot accommodate them?


"If you've been a customer and haven't upgraded your phone in 18 months, you can get a cheap one free or the same discount off of a good one as a new customer. "

But only if you sign up for a *new* 2 year agreement.

I just need a new phone to replace my broken LG, but the cell phone contractor at Costco won't even sell phones for full price without a contract extension. If Sprint made it easy for me to replace my phone I would stick with them, instead, they make life hard for existing customers. I'm looking at other carriers now because if I'm going to have to get a new contract I might as well consider jumping to another company at the same time.

If their is one piece of legislation that we need for consumer protection it is the prohibition of cell phone contracts over 1 year long and or contract extensions for merely changing the plan. Only new laws will change this because the cell phone companies are too entrenched to change on their own.


The problem with the Cell industry is they are paid on commissions, or paid bonus for these renewals or activations. Most employees need 25-35 new activations on average. Not renewals. I work at a cell company and I get a bonus for 1 year extensions. We offer 50% access discount for 2 months. or add on a promotions, if they do not already have one. Another reason for the issue is billing errors, stupid employees or devious employees. Sales rep care about their paycheck, if you add nights and weeks, you get the first month cost as commission.

Cell Phone Contracts: ‘Til Death Do Us Part - How far would you go to get out of your wireless contract? - dslreports.com (http://www.dslreports.com/shownews/Cell-Phone-Contracts-Til-Death-Do-Us-Part-86741) (Aug 18 2007). Retrieved on 2007-05-11 11:18.

Most people simply accept the fact that getting a cell phone requires signing up for a two year contract with the provider. Corey Taylor isn’t most people; he recently faked his death to get out of his Verizon Wireless contract. The FCC is seeing an increasing number of complaints about cell phone contracts as customers get tired of the lack of flexibility that companies offer. Changes are being made, with some companies pro-rating cancellation fees and others offering flexibility to people who are moving or who want to change their plans. But for now, most people are still locked in to what they signed up for.


Techdirt: Sprint Realizes That People Hate Forced Contracts, Early Termination Fees (http://www.techdirt.com/articles/20070927/090343.shtml). Retrieved on 2007-05-11 11:18.

It's become quite clear that people absolutely hate the forced two year contracts and early termination fees from mobile operators. It appears that some of the operators are finally getting the message. In discussing how it's going to offer its eventual WiMax offering, Sprint is now saying that there will be no mandatory contracts with early termination fees -- instead, it will be voluntary, based on a sliding price scale. In other words, if you're willing to take a longer contract, it'll be much cheaper. If you don't want a contract, that's fine, but you'll pay more per month. [...]


If contracts are designed to recover costs associated with subsidizing the handset, why does this proposal involve a monthly service price change. Can't they just stick with making the phone more expensive for a shorter contract?


If they're going to do it on a sliding price scale, then base it on usage. After all, it's only fair that the people who use the system the most pay for that use.


just a fyi, charging a premium for higher use would lose customers in any business - the reverse of a "volume discount" doesn't exactly create business or cater to customers


I can think of plenty of examples like bandwidth, electricity, water, toll roads, etc.., where if I use more I pay more. After all, my utility company doesn't give me a quantity discount on electrons.


I have to admit that I haven'tooked up the details, but I seem to recall in the past week of hearing about how Sprint was not going to subsidize the cost of the device with the WiMax offering.

If this is true, or at least that is what they are saying, then I think they are misleading. If I sign up for a 3-month plan and buy device A for $100, and my monthly fee is $75 x 3 months, I paid $225 for the service. If I sign up for a 6-month plan and also buy device A for $100, and my monthly fee is $50 x 6 months, I paid $300 for the service.

3 months = $225 + $100 = $325/3 = $108.33 per month svc/dev

6 months = $300 + $100 = $400/6 = $ 66.67 per month svc/dev

All they're doing, if this is how it works (and I don't know for sure that it does), is shifting where the money goes.

I don't doubt for a minute that the difference in monthly fees will be sgnificant if you compare a 3-month term to a 1- or 2-year one.

It's a step in the right direction, perhaps, but what still remains to be seen is whether you have to buy a Sprint-branded device to get on their network. And also whether you can use the device on a competitors WiMax service, too.

I'm all for no lock-in as long as it really is no lock-in. But if the device is still tied to the network/carrier, then all that's being done is shifting the subsidy. And that is really no change at all.


All of this chatter about contracts and early termination fees are... meaningless. If you're not happy with your service, then it's your God-given right to call your company's customer service line and vent your righteous frustration out to the person on the other end of the line.

THAT IS WHAT THEY ARE THERE FOR.

Complain often enough, and you've completely blown the profit margin that they typically would have made off of you. At that point, you are a liability to the company, and they'll politely ask you to take your business elsewhere. And since they're asking YOU to leave, it costs nothing, and you should be able to port your number with you should you desire to do such a thing.

They're counting on you not complaining. If you don't complain, then nobody is holding them to task for the lousy coverage, poor call quality, and technologies that lags behind most of the industrialized world. Not happy? Call those bastards and LET THEM KNOW.


TasMot.. When my contract ran out. My plan didn't go up. When I switch plans, they didn't change my contract. I still didn't have one. Only when I wanted to get a new phone was I told that I would have to sign a 2 year contract to get the max money off, 1 year to get half the money off. I bought the phone out right and stuck with no contract. If people would stop being so blinded by the idea of that new cool 500.00 phone for 199.00, they would just pay the full price and not get a contract. But people expect 110% customer survice while getting everything else for free. Not going to happen. VZ is so sure of itself by not extending contracts, people fail to see they are more expensive and last time I checked the fourums all over, they are as bad if not worse then Sprint or AT&T for customer service. They just by enough advertising to stay out of the lime light of big media. Been there.. had that.. got smart and went back to Sprint. The grass is green on both sides and they both need to be mowed every now and then.


Not really. Don't assume device "A" is 100.00 out the door. Lets say it's 300.00 with NO CONTRACT and your monthly wimax plan is 50.00. Now, If I want the same device for FREE but sign a 2 year agreement, I get the plan for 30.00 a month.

300.00 + 50x24=1500.00 no contract

300.00-300.00 + 30x24=720.00 w/contract

So, would you rather pay double not to have a contract? It's like insurance. Is it fair for a insurance company to consider your policy based on what the vehicle cost new in 1985 but will only pay out book value if it's a total loss? Statefarm does this on motorhomes and I know.. they do it to me.. but they are still cheaper then anyone else. Guess it's a no brainer. For some.




[edit] You need to sign a new 2-year contract just to change plans??

new contract to change plans??? [Archive - SprintUsers.com] (http://www.sprintusers.com/forum/archive/index.php/t-53330.html). Retrieved on 2007-05-11 11:18.

i just called sprint to change my plan. im currently on the 35/month plan for 300 minutes. but lately ive been getting close, or going slightly over. so i wanted to change to the 40/month for 500 minutes. i remember when i got my phone a year ago, they said i could change my plan whenever i wanted to, just like it was when i was with verizon.

so i call to change and the idiot says i have to have a new 2 year agreement [I wasn't even informed of that!]. i argued with him for 10 minutes telling him that's bull crap. nowhere on the sprint website does it say i need a new contract to change plans. Yes, i need one for the fair and flexible plans, but i dont want that, just the normal plan.


the only way you can change plans without getting a new contract is if you changes plans less than 3 months ago they only give u 3 months to change without a new contract. sorry, that is the way it works.

Well thats new...and LAME!!

It makes perfect business sense. If you want to take advantage of the lastest offer you have to sign a new deal.

You are going with a NEW offer.

When cable has a promotion you have to be a new customer. When a cell company has a new plan which is essentially a new promotion you have to be a new customer to get it or sign a new contract. It makes perfect sense.

Duh, Of course is makes perfect sense for Sprint to do this. Point is, it sucks because it USED to not be that way. Just like ERP used to be $35 deductible, now it's $50. Sure Sprint has to make their money and lock more people into contracts for longer periods of time. It just sucks because the ability to change your plan whenever without penatly is just another thing Sprint got rid of


well, when i was with verizon last year before sprint, i could change plans at any time without exteding my contract. Promotional plans would extend the contract, but if i would jsut switch to a normal plan, it wouldnt do anything. and i remember last year when i signed up with sprint, i asked the guy if i could switch plans without extending the contract, and he told me i could, as long as it wasnt a promotion.

That is correct if you are staying in your family of plans. If you move up from the 400 min plan to like a 1200 min plan in your family of plans then it doesn't extend your contract.

With VZW as long as you are in the same family of plans, meaning the promotion you in when you signed up you can move up and down as much as you like without extending your contract.


[edit] In exchange for subsidizing a new phone, maybe, but not just for no reason at all

Buzz About Wireless - I do I get from here to there... change plans, add line, no contract (http://forums.buzzaboutwireless.com/baw/board/message?board.id=Plans&message.id=263). Retrieved on 2007-05-11 11:18.

toolburn,2007-07-24

When I renewed my contract 2.5 yrs ago, I brought my own phones, I did not take new phones from Sprint or the $300 ($150 each phone) allowance for renewing at the time. I have my own phones this time also (3), and won't be taking subsidized phones from Sprint or the $150 per phone. Since Sprint will be putting zero on the line for me and they don't have to worry about recovering capital outlay on subsidized new phones, there is zero reason for me be to forced on to a new contract of any length. There is zero logic to a new contract. Give me a reasonable, customer of 5+ yrs, 2yr contract and a check for $750, and I'll ignore what I've just written. If Sprint is confident in their product and service, then there is no reason they should be forcing me on to a new contract.

http://forums.buzzaboutwireless.com/baw/board/message?board.id=OffTopicRantsandRaves&message.id=446. Retrieved on 2007-05-11 11:18.

[...] I understand if you give me a deal on a phone or something like that. I'm willing to sign a contract for money off my initial purchase. At that point my two years of service are offsetting the price of the phone. But why would I have to promise you I won't leave for two years, just to add more minutes to my plan? If you want me to stay, maybe you should give me a reason to.


[edit] Why I don't want to be in a contract

I want them to earn my customership by providing good service, not because they strong-arm me into a deal and I'm simply stuck with them.

If they stop providing a good service, I want to be able to easily leave them and go with another provider.

It gives me bargaining power; "I can always switch to your competition..."

What competition even exists if all existing customers are locked in and can't switch to a competitor even if they want to? (Contracts are anti-competitive.)


[edit] Comparison to contract requirements for other services/industries

electric power month-to-month, can cancel or transfer at any time
phone land-line month-to-month, can cancel at any time
water, sewer, garbage month-to-month
rental apartment/house one of the few services that often require a contract, usually only a 1-year one though
credit card month-to-month, can cancel at any time (provided you don't have a balance)
airline ticket no long-term contract; just a single flight at a time, and hopefully you'll want to fly with them again next time
hotel no long-term contract; just a single night at a time





[edit] Sprint treats each line as a separate contract!

And so each line is subject to an early termination fee if you cancel it "early".

This is absolutely ridiculous and unfair.

They make it really, really easy to add another line, but then make it as near to impossible as possible to go the other direction (remove a line).

To see what I mean...

"Learn More About Changing Service Plans and Adding Phones" [1]


Sprint recognizes that our customers’ wireless needs may change with time. That is why we want to make it as easy as possible for you to change your plans to best suit your needs.

...

What are my choices?

If you currently have an individual plan(s):

Change to another individual plan - ...
Change to a shared plan and add a phone - ...
Change to a shared plan and add a phone from an existing account - ...
Add or Remove Service - ...
Add new plan and phone - ...

If you currently have a shared plan(s):

Change to another shared plan - ...
Add a phone to this plan - ...
Add this phone to your existing shared plan – ...
Add or Remove Service - ...
Add new plan and phone - ...

Note: To move a phone out of your shared plan to an individual plan

Notice that all of the transitions from this state involve adding services, lines, etc. They don't say how to switch from a family plan back to a single line.

The only reference I could find to canceling/removing a line was this reference:

When can I expect my changes to occur?

If you selected Change to another shared plan or Change to another individual plan, the changes will not take effect until the start of your next billing period. All other changes will take effect within three business days after your order. Your next monthly invoice will reflect the cost of the new service selected.

There may be an early termination fee for canceling an account or subscription with a subscriber agreement (Advantage Agreement) prior to its end-of-contract date.

Which doesn't even tell you how to cancel a line; it just warns that there may be a fee for doing so. And they don't call it a "line" here, for some reason; but I assume that's what they're referring to when they say "an account or subscription with a subscriber agreement".




[edit] How to get out of your contract

http://www.wikihow.com/Get-out-of-a-Cellular-Service-Contract

[edit] Using the "materially adverse" escape clause

[2] is where I first learned of this trick.

PCS Terms & Conditions (http://www.sprintpcs.com/common/popups/popLegalTermsPrivacy.html). Retrieved on 2007-05-11 11:18.

Our Right To Change The Agreement & Your Related Rights

We may change any part of the Agreement at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of changes that may impact you in a manner consistent with this Agreement (see "Providing Notice Under This Agreement" paragraph). Except as provided below, if a change we make to the Agreement is material and has a material adverse affect on you, you may terminate each line of Service materially affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.

The following, without limitation, will generally not be considered changes to the Agreement as contemplated in this provision and will not result in the waiver of applicable Early Termination Fees: (a) changes to our Policies; (b) changes to rates or charges that are not a core part of the rate plan package for which you contracted – for example, incidental, occasional or casual use charges and other options that do not require a Term Commitment; (b) changes to Taxes & Government Fees; or (c) changes to Surcharges, including assessing new Surcharges.

[edit] And keep your number

Telephony: Materially Adverse Clauses For All Major Cellphones - So You Can Escape Contract Without Termination Fee - Consumerist (http://consumerist.com/consumer/telephony/materially-adverse-clauses-for-all-major-cellphones-+-so-you-can-escape-contract-without-termination-fee-258943.php). Retrieved on 2007-05-11 11:18.

http://consumerist.com/consumer/telephony/materially-adverse-clauses-for-all-major-cellphones-+-so-you-can-escape-contract-without-termination-fee-258943.php#c1429780,

Verizon's contract is pretty clear that the only remedy is to "end the affected service," i.e., cancel the plan. The few who have successfully escaped report that they will often cancel the service immediately.

Keeping your number is tricky, but if you tell them you're porting your number ahead of time, they are required to hold it for you while you change providers, even if you cancel under this ETF escape clause. I don't trust them to actually do this, but I have not heard any reports of people losing their number, so it seems like they're following the rules.

http://consumerist.com/consumer/telephony/materially-adverse-clauses-for-all-major-cellphones-+-so-you-can-escape-contract-without-termination-fee-258943.php#c1431262,

A contract is a contract. Just because Cingular says "we can change these terms any time we feel like it" doesn't mean they actually can. If you sign up with Cingular for 2 years at $40/month and they decide they want to start charging you $70, heck yes you can get out.


They try to redefine what materially adverse is, but in reality, a single penny is materially adverse. it does, by definition have value, and any change of a single penny would be materially adverse. So no matter what they say, it is a materially adverse change, and ANY court will agree with you, if there is a question.


[edit] How to fight / dispute

Write down name and employee ID or extension number of any CSR you talk to and write down what they said.

http://www.wikihow.com/Dispute-Your-Cell-Phone-Bill. Retrieved on 2007-05-11 11:18.

Try speaking with a manager but only if the representative can't provide a satisfactory conclusion after investigating all possibilities. Alternatively, you can ask the representative to ask a manager on your behalf, since many managers have limited time available to talk with customers. Also, if the agent in particular is being courteous, let them know so they won't get defensive that you want to talk to a supervisor.

http://consumerist.com/consumer/sprint/sprint-changes-plan-and-renews-contract-without-consent-239440.php. Retrieved on 2007-05-11 11:18.

The FCC is a federal agency involved in communications. They are not going concern themselves with contracts.

For contract issues, you'll need to file something with your state's attorney general (weak and useless in my state) and BBB (I haven't found great experience with them)

If Sprint has a customer agreement similar to Verizon's, they may have a provision for arbitration or mediation. Both of these programs cost them time and money (usually involving members of their executive office and some lawyers or paralegals)

This level of involvement is going cost them time and money. Find out if you can request mediation - send the request certified mail so they can't ignore it.

Record any phone conversations and use email as much as possible to document. If an agreement is made, do not sign off on anything that restricts your ability to disclose your settlement with the press, blogs (consumerist) etc. - not unless they want to compensate you $2000+ for all of your time they have wasted.

All those emails show they are playing 'ignorant' just to frustrate and stonewall you. A fair percentage of the people they victimize like this will throw up their arms and give up. Keep fighting the good fight and let us know how it turns out.

http://www.wikihow.com/Dispute-Your-Cell-Phone-Bill. Retrieved on 2007-05-11 11:18.

Mail a letter to the company and follow up within a few weeks to see if they have received the letter and have processed it. In general with all sorts of companies, this can be a slow, frustrating process. Written replies from companies often are formulaic and do not address an individual problem well. Some people prefer contacting (see below) the BBB and FCC for better, faster action.

Contact the Better Business Bureau only as a last resort. They will send a complaint letter to the company and ask for a formal explanation. Some companies care about their ratings in the Better Business Bureau and will strive to make the needed changes if you were treated unfairly.

For action that really gets attention (usually within a month), complain to the Federal Communication Commission (FCC). It's easy: http://www.fcc.gov/cgb/complaints.html. The FCC regulates the companies; therefore, the phone companies hate to have complaints there, especially unresolved ones. Complaining to the FCC helps the agency spot company-wide problems and will help you personally.

FCC: Filing a Complaint - General

[edit] Is there a time limit within I must dispute this change?

On the back of one of my Sprint bills, it reads: "Disputes must be made with notification to us within 60 days of the date of the bill."



[edit] It should be unlawful/impossible to enter into a legally binding contract over the phone

It is asymmetrical, and I have no evidence of it, so I can't later prove that I did or did not agree to such and such. The company probably has a record of it, because they routinely record phone calls. But consumers usually do not even have that capability to do so. So we are left with our memory (which can't really be used as evidence?) and whatever the company claims we agreed to.

It seems to me that a company should not be able to enter somebody (me) into a contract (a long-term, 2-year contract!) without the "signee" realizing it and without him knowing ALL the terms of the contract!

It seems that the only fair thing would be to send a hard-copy of the contract to them, with all the fine print, and have them SIGN and return it.

... Since you can't possibly explain all the terms of the contract over the phone (at least with overly complex ones like Sprint's) and the signee also doesn't get any RECORD of the contract that way -- another reason that a hard-copy or digital copy is better.

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