Any idea if this would also cover sprint reseller providers like Helio?

Are the csrs actually informed of this? Clearly they werent during the last cancel your sprint/nextel account thing.

Damn- My plan has free roaming. I've been waiting for an out.

I have the 700 minute Family plan and it has America Free Rooaming. Grrrr! I wanted an out so I didnt get socked with that $400 ETF when the iPhone drops.

This sounds like good news, but can someone tell me what happens next? Can I just go month to month with Sprint, or do I need to be ready to switch providers immediately upon getting out of my Sprint contract? Will I be able to keep my phone number?

Apologies if this is in another post, I couldn't find it.

Regarding #1, ah damn, that's what I get for having SERO, the best cell phone plan on earth. (Roaming is free.)

I did want an iphone. Guess that aint happening.

oh hey maybe I can switchover to a new plan before August :D

@triple: Ha - me too. I chose not to pay extra for messaging in the hopes that I'll be able to break the contract when something better than my Q comes out. But that added ten bucks to my bill last month.

Excuse my stupidity, but where do you find this information when phone companies make changes to their contracts/plans? I'm in Canada and have Bell Mobility, locked in on a 3-year term like a fool (1-year left) and I want to get out of it but have no desire to give them $300 - $400 in cancellation fees, per phone, of which I have 2 on the account.

Cheers

@Steph

You have to be ready to switch out of the Sprint to another network.

@soultrance1: Scrutinize your bills. Usually it's buried in some notice on there.

I've been waiting for an out, this is great! So, I have to wait until after August 1, but within 30 days to cancel, correct? Or does "within 30 days" mean I can cancel prior to August 1 (but no more than 30 days in advance)?

Does anyone have any experience with porting your number while attempting to cancel due to a materially adverse contract change? Is it a hassle?

I would LOVE to cancel with no ETF, but this part of the T&C concerns me:

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.

Here's the part that I don't like...

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: (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;

I don't have roaming included and thus "should" be eligible for this. I do use roaming infrequently (a few times a year, at 50 cents a minute, for 3-4 minutes at a time). But do they consider this "incidental, occasional, or casual use"? I bet they use that as their out.

I really, really want to sign a new line up with SERO. And I really, really don't want to pay an ETF on my two lines- I am going through a divorce and have no need for the second line anyway.

Hmm.

shouldn't plans that include roaming actually be affected by the rate hike ? eg : the america plan includes roaming ( current rate for roaming is 50c).

Roaming is your option, and therefore not a reason to cancel your contract anymore.

Basically, sprint changed the T&C months ago to state that you can only cancel ETF free if they change the price of your core plan. Everything that is an add-on service, or an at will service is something that they can change the pricing on with your recourse being to cancel the optional services such as vision, or not use the casual service such as text messaging.

So, you can't get out ETF free unless they remove something from your plan like roaming, or increase your base plan cost (ex: if your plan cost $50 for 1000 mins and sprint raised the cost to $60, then its a breach of contract.)

Hi Guys! I am curious where this is on their site? I have spoken to stores and their Customer service dept. Nobody at Sprint knows anything about a rate change.

I am completely fed-up with them. The last straw was this morning when I was told in order to change my TX number to a PA number when I move there in October, I will LOSE my already meeger "phone upgrade rebate" AND have to resign a 2 year contract!

Has anyone had success in getting their contract cancelled without the early termination fee through this?

I'm looking to do this before Friday.

This works!! I actually called the Sprint Cancellation Department just now, and the woman I spoke to confirmed that the increase in roaming rates qualifies as a material change to the Terms and Conditions. And I made sure she verified that customers could end their agreement without paying the Early Termination Fee because of the rate change. BUT, as The Consumerist stated above, you must not have roaming included in your plan, and you have to cancel within 30 days of the change. If they get the slightest hint that you're even thinking about leaving Sprint, they'll try to offer you different plans, etc., but don't fall for it! The rep tried to get me to change my plan (she called it "old" because it was from 2006) to a new one that would include free roaming, but I just said I would think about it. I'm gonna call back later to cancel after I figure out which carrier to switch to.

The only thing I'm not sure about is if it's possible to get your number ported to a new carrier if you cancel your agreement this way. The FCC says that you have to first contact your new carrier and have them initiate and handle the transfer, but then Sprint would consider this early termination and would charge you the fee. But if you first tell Sprint you're leaving because of the change (as you must do, in order to avoid paying the fee), they'll just cancel your service right away, and you'll lose your number. Anyone know how to solve this dilemma??

@Lily586: So we call after August 1st then? Or can we call whenever? I'm looking for anything to get out of my Sprint contract w/o paying the ETF. I have NEVER had such horrible service or customer service in my life! When I found this link I knew it was my miracle! haha...When you called the cancellation department how did you ask about terminating the plan? I would love to call them today and get out of my contract but I want all my ducks in a row! Thanks for all your help!!!! It's been much appreciated!

@Lily586: Sorry if this is posting twice, but I waited awhile and didn't see my original message. Lily when you called Sprint, exactly what department did you go ask for? When I call I want to get the right departmen :). And how did you ask about cancelling w/o an early termination fee? I just want all my ducks lined up before I call and talk to them! Thanks so much!

What if I have the Fair and Flexible Family Plan with Nationwide roaming included?

Can I still use the material adverse clause to get out of my term regarding the recent roaming rate changes?

Thanks

Did it! I called today using the instructions above and was able to get out of my Sprint contract, which has about 1 year left on it, with no problem. The billing cycle ends on the 14th of July, my contract is over effective on that date according to the rep I spoke with. They did ask if I wanted free roaming, I declined and got no further questions from them.

YAY!!! I just did the same thing! It works!!! The first guy tried to tell me that there is a line in the contract that says they can change the contract at any time. I then asked to talk to an ACCOUNT SERVICES REP. The woman I spoke to in that dept said the same thing. I said, "Actually I would prefer not to pay any termination fees because the roaming rate change is an obvious material adverse change of contract." She said, "I beg to differ!" rather indgnently. She then put me on hold for about 12 minutes while she discussed this with her supervisor and her manager. She came back and said that she would release me from my contract with no fee, no problem. IPHONE HERE I COME!

@ SBC_UTAH & MRDIBS

RE: Lily586, "...if you first tell Sprint you're leaving because of the change (as you must do, in order to avoid paying the fee), they'll just cancel your service right away, and you'll lose your number..."

I was just wondering the same thing. Were you two able to keep/port your numbers to a new/different service?

I am considering canceling my Sprint plan as well, but I'm at at loss to find a carrier that doesn't seem to have its own associated hassles and problems.

Re: STACEJ_84,

I first called Customer Service and asked if the roaming rate change was considered a material change to the contract, and the rep replied, "What roaming rate change? I never heard anything about roaming rates increasing. No one told us this!" So I explained to her that customers had received notices about the increase, and she got all defensive and said that it wasn't a breach of contract. I assured her that that wasn't what I was implying and that I was just "curious." She said she didn't know, so she transferred me to the Cancellation Department, and the rep there put me on hold for about 10 minutes while she "checked on that" for me. So she came back and confirmed that I could indeed leave Sprint without paying the ETF, but she immediately began offering me various solutions to avoid being affected by the increase in roaming (e.g. upgrading to a new plan that includes free roaming AKA imprisoning myself for another two freaking years!). At the time, I wasn't ready to cancel, so I just said that I would think about it, and as of now, I'm still trying to figure out a way to leave Sprint this way AND port my number to a new carrier (see my above post for the dilemma). Ideas, anyone?

Wait, a consumer advocacy site that audtions its contributors? To weed out the semantically challenged ones?

Regarding the Sprint Material Adverse advisement, its in your Jun-July bill, page 3 under the heading "Account Summary".

I tried this am. They appear to do the old "What roaming change???I never heard about that!" Song and dance with everybody. The Cancellation dept told me that since it is not a Core part of my plan, under the t&C's I cannot cancel without paying the ETF's. They would not BUDGE.

They didn't bother even TRYING to offer me plans that include roaming. I followed the LETTER of the instructions above.

Now what?

Ok, having irritated me to the point of anger, I switched gears. I called the CEO's office, and was escalated to an Executive Analyst, who is now personally reviewing my case. She seems to believe that if they offer me the same plan, but include free roaming with it, and NOT extend the contract date, that I should be happy and stay with them, and they are less inclined to provide ETF relief.

I informed her that I am no longer interested in staying with a company who is breaching contracts, and deceptively billing me with fraudulent and excessively high illegal fees.TX is suing sprint for deceptive billing practices, and those charges are ALSO on my bill. (Tx will begin charging sprint .07 percent fees in january 08; Sprint has ALREADY begun billing US 1%!!) I sent the following letter as well:
Gary Forsee, CEO

Mr. Forsee,

As you are certainly aware, you have raised the roaming rates from $0.50 per minute to $0.69 per minute, effective August 1, 2007.This is quite obviously a material adverse change of contract.

I am writing to you regarding this matter, as it is apparent that most of your "customer service" reps have not been informed of this change.

I signed my contract with Sprint with the $0.50 per minute rate in effect, and that is what I agreed to contractually, and not a penny more. I will not accept this 38% increase in fees associated with the contract I initially signed nor will I accept any "retroactive or grandfathered" free roaming. I have been living up to my end of my contract and paying in a timely manner.

I am hoping that you can help me resolve this matter by releasing me from my contract without the ETF's, as is required under the "materially adverse change of contract" laws. Barring this, I am afraid I will have to pursue other remedies availabile to me under the Law.

As you are well aware, Sprint is involved in a lawsuit brought by the Texas state Attorney General's Office for deceptive billing practices. If need be, I will report this breach of contract to the Attorney General of Texas as yet another deceptive practice being perpetrated by Sprint on unsuspecting consumers. In addition, I will be filing a dispute with the Public Utilities Commission as well.

I appreciate any assistance that you may provide in this matter.

Sincerely,

Hi,
This is the best day of my life. At 6:01pm today, 7/12, I was allowed to cancel my Sprint service without incurring the ETF. I read through this post, called directly to the retention department and said I wanted to cancel service as the roaming rate increase represented a material change to my contract agreement. The rep was hesitant at first and told me that roaming was included in my plan and that the rate increase would not affect me. I argued that roaming was only included if I stayed below 50% of total usage. He put me on hold for a minute and then told me that he could cancel service if thats what I wanted. I said yes, and now im free. Ive tried everything possible to cancel service for the past 4 months and nothing had worked. He told me that I could use service until the 23rd at which point service would cancel.

I asked if I would be able to transfer my number to another carrier and he said that I would have to call back when I did wish to transfer the number and that it would have to be "reviewed" by a rep. So be careful, I have a feeling that they will charged me the ETF if I transfer the number.

Good luck to everyone else trying to get away from Sprint. Ive had Alltel, Tmobile, and Cingular, Sprint was by far the worst. Horrible rates and even worse customer service.

I just got off the phone with Sprint. They said on their website that a termination will occur only if I am adversely affected by this.

Their customer service sucks. Everyone there including the supervisors are jerks.

Tried to do the same that HHELBERG0001 did. Was told that my plan includes roaming. Argued for the 50% of total usage, again, was DENIED!

This sucks :(

I just spent 20 of the most satisfing minutes of my life on the phone with Sprint, although in typical Sprint fashion I was on hold for about 18 of them! In the end it was well worth it, I am out of my 3-line family contract with Sprint! YAY! All I did was call the Retention department and tell them exactly what is listed at the top of this page (making sure I specified cancelling without ETF's) and it worked! I asked the rep about three times to verify the cancellation date and that no ETF's would be charged, because I never believed it would be this easy! Good luck to all of you who are still trying!

I am attempting to cancel based on the roaming rate change. I phoned Sprint on Saturday 7/21 using *2 on my phone. When the voice prompt asked why I was calling I said "cancel" and almost immediately got a live person on the other end. I explained the rate change and that I wanted to cancel. She put me on hold for a few minutes and then came back on and said they would be happy to give me free roaming. I declined and said I wanted to cancel. I was put on hold for a minute or two and then she said I could cancel but with $400 cancellation fees for the two lines. I said that is not how it works but she said the EFT applies as they can fix the issue. I said no and she said she would transfer me to a supervisor. I asked if he would be there today and she said yes. I was transfered to a voice mail of someone who works Monday - Friday.
So I am still looking to cancel. Is it best to wait for Monday to call this supervisor or just try to cancel again?

Hooray! After some arguing and multiple phone calls, I cancelled my Sprint account a year early today with no ETF! The big problem I had, however, was finding out from the CSRs if I did in fact pay for roaming.

My first phone call said I didn't, so I was transferred to the cancellation dept. Once I was transferred there, I was told that even though my plan doesn't say I have roaming included, I do because I've never been charged for it (I rarely roam). Since I was pretty unsure about this, I tried my best to get out of the contract anyway with the "adverse material change" line but they weren't budging. I told her to have her supervisor call me back.

After about 5 minutes or so I call back, get a different CSR, and she got me cancelled in no time, sans ETF. Now I can get HotSpot @ Home!

Your best bet is to call directly to Gary Forsee's office; You will IMMEDIATELY be elevated to the Executive Anylyst(That speaks ENGLISH, I might add) dept. I was told that I could, in fact have my ETF's waived on both lines. BUT, I decided in my current situation, that it would be best to stay with them. So, I got them to send me two brand new Razr's up my monthly minutes to 1400 vs 1000 and not have to lengthen my less than one year contract with them!!!!

So, my point being, THIS is your ticket to whatever you want from Sprint. :-)

And how do you reach Gary?

GARY FORSEE-CEO (703-433-4040) FAX 703-433-4352

Tried calling Gary Forsee and still couldn't get out of my contract. Did you use any specific wording? Does your plan have roaming included?

You have to still follow the directions in the first post. You should have been connected with an "executive analyst". My plan did NOT include roaming. She agreed to remove my ETF fees and leave me out of my contract. I chose to stay with my brand new motorola razr's though till the end of my contract, since we are moving and I did not wanna pay a new security deposit somewhere. JUST BE INSISTENT!!!!!! (They may have to "research it" and call you back. Use "Materially Adverse change in contract" as your Mantra, and you WILL be let go! :-)

And to what location did you send your letter?

I've called in several times following the script. Each time the cancellation rep offers me a plan with no roaming charges and I refuse it. The rep will then say that the ETF applies because I've refused their remedy. I repeat the materially adverse mantra. I get elevated to a supervisor's voicemail box and never receive a return phone call.
Should I just keep trying?

Folks, here's what you are doing wrong. Dont talk to the chumps at *2 for more than two minutes. When they say that crap about refusing the remedy you have to ask to speak to ACCOUNT SERVICES!!!! When you get someone from account services on the phone, repeat the mantra. Shmucky at regular customer service can't help you. You need to talk to someone higher up.

Ok so I usually do not post but just want to advise of my experience. Called first time, went thru the whole material adverse change, transfered to a supervisor who told me although my plan does not include roaming since I did not roam in the past 3 months, it is not materially adverse to me. Argued for about 30 minutes to no avail. The beauty was that he said: "You are obviously well informed but we will see to it that you are stuck with us until the end of your contract!". I hung up and called again a week later originally for a billing problem (what else is new) but decided to give it another shot. I got a fellow who insisted I do not have a roaming plan and therefore it does not apply to me. I proved to him that it ONLY applies to those who don't have a roaming plan. Then, he was looking to see if I had roaming in the past 3 months. I was on hold for 20 minutes then was transfered to a very sweet CSR who originally I thought was a supervisor. I proceeded to tell her the story from the beginning and VOILA! She cancelled me no problem and I now have until the end of my cycle to port the number. Of course she tried selling me a roam free plan a couple of times but a stern no was all it took.

Kepp on trying and GOOD LUCK!

I have been a Sprint customer for the past 6 years. I am in the middle of my next two year headlock with Sprint and wanted out because I get no service in my small town, maybe you have heard of it? CHICAGO, IL.
So I called up like the rest of you, followed the script, "sure, no problem sir.... let me transfer you to the correct department" I was sent directly to voice mail. Make sure you do it between 8am - 5pm central time. The earlier the better because I think the service reps are in better moods.

Use the following:
1. *2
2. When prompted for action just say "CANCEL" you will be sent to an English speaking person.
3. Follow the script, be calm and polite, remember that these are the people who are going to put you out of your misery....

I had to call in 4 times, 2 of which got me to account services and argued for many minutes.
On my final (4th call) the rep who I had spoken to just moments before on a previous call noticed the comments on my log file and let me out of the ETF's with no problem. Gave me her e-mail in case of a problem down the line and assured me that there would be no extra fees. The odd thing about my final call was that she was doing all of the talking, I never said why I wanted out, and the reason she let me out was lack of coverage. I'm not gonna complain. Thanks Sprint for nothing.

What's this script that everyone is referring to? Just want to make sure I get this right the first time. ;)

@Roosevelt: Just keep calling different reps will tell you different things, keep calling until and conplain about their service until they get out of their shackles.

Interestingly enough, my circumstances nearly mirror GW2K's to a 'T'.

I, too am in Chicago, in the middle of my 7th year of Sprint service with a 2-year agreement. Knowing that I do not have free roaming in my plan, I followed GW2K's tips, just with one exception - I called at around 4:45pm, CST - when I thought I would reach someone nearly off their shift (or close to it, depending where they were located). I got it done in two phone calls - all in all under 30 minutes total.

1) Initially, I called at 4:45pm dialing, 1-800-SPRINT-1 - immediately saying, "CANCEL"

Since I know that don't have free roaming on my rate plan, and I know at least 3 calls were made in the past 6 months with roaming, I stated my case that "the roaming rate change is a material adverse change of contract. That is the reason for my cancellation." Strangely enough, the person on the other end kept on prying, asking me, "What is the real reason you want to cancel?" following the guidelines in the article, I just repeated 2 more times that "I am canceling because the roaming rate change is a materially adverse change to my contract." At the point that I had to repeat myself a second time, I asked for the current call to be elevated. After being on hold for about 3 minutes, I had to leave work and hung up. Total call time: 20 minutes.

Try number two - from my cellphone, dialing "*2" - letting the voice recognition hear, "Cancel." In under 7 minutes - 2 of which was recording, I spoke to a very helpful person who (after explaining that "I am canceling because the roaming rate change is a materially adverse change to my contract") politely cancelled my 2-person family plan.

With no cancellation fee.

In my seven years with Sprint, the person who cancelled my account was easily the best customer service representative I had ever dealt with in the company.

Success. Porting Numbers. And post-cancel customer service issues

I went through this process successfully. Champaign, Illinois 8-5-07. Citing the materially adverse conditions and the $5 in roaming fees I had last month. There was some holding but no questions or begging from them. The second operator immediately gave me her id number because of the formal nature of the call.

I asked them about porting numbers and they said start new contract and port the numbers to the new carrier and the numbers will cancel automatically. They also said they are noting the no ETF on the account.

I ported the numbers to verizon successfully.

Follow up call to make sure I'm out:

The tricky part is getting back in touch with them after you cancel. Calling customer service puts you on hold indefinatley (2 hours and I hung up.) I finally had to call the purchase new phone number and have them transfer me to the cancellation department.

In the cancellation dept. they said: everything was taken care of and that the previous operator (a week ago) had set everything up correctly so that the ETF was not applied. They mentioned that this often did not happen so a follow up is essential. They also noted that they had never heard of the number printed on the bill and to us 877-349-4413 for customer service.

To be safe I cancelled automatic debiting on the account also.