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How To Cancel Sprint Without Termination Fee Over New Text Message Rate Change

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If anyone is looking for a cheap way to escape their Sprint cellphone contract, you can use their raising of the pay-as-you-go text message rates from 15 cents to 20 cents as an excuse. Here's the step by step procedure to follow...

1. Your plan must not include a text message package. (actually, it applies to both plans AND pay-as-you go)
2. You must call within 30 days of the rate change.
3. You must specifically cite the text message rate change being a material adverse change of contract as the reason for cancellation.
4. You must not pay your bill that reflects the new rates until AFTER requesting cancellation
5. If they offer you a grandfathered text rate or free text messages attached to your plan, you must refuse.
6. If the rep is poorly trained and wants to hot-potato you to a supervisor rather than transfer you to account services, you must insist that you want to cancel service despite any potential fees so the rep gets you to the group that actually knows the correct procedures.

Materially adverse changes to contract are when one party changes one of the basic terms, like price, in a way that harms the other party. It's a basic tenet of contract law that this nulls the contract but cellphone companies do it all the time anyway. Lucky for you it means, if you insist, insist, insist, that you can escape your cellphone contract without paying the usual ~$200 early termination fee.

(Thanks to Nick!)

This is a test using rich text formatting and html links. It's the generic "company" ad that should appear on all posts with the Company category if they don't have an ad attached to a specific company.

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Comments:

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ARE YOU SERIOUS?!?! Text messages increased ANOTHER 5 cents in the past three months? At this rate, the cost to send a text message will soon exceed 50 cents. BULLSHIT.

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They're really pulling out all the stops to get people on their $5 a month text plans. This is insane.


I have Verizon, no text plans, because over the long run my general average is way below the plan, even if I rarely hit $5 or above. At this rate I'll be suckered into their plan by next year.

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Almost half what it costs to mail a letter. Ludicrous.

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Fuck Sprint. Their CSRs were so rude to my girlfriend when she tried to change her plan earlier this month that they put her in tears of frustration. You hear me Sprint? FUCK YOU. oh yeah, your KRZR SUCKS TOO. Can't wait til I'm out of their bullshit.

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I thought advances in technology were supposed to make shit like this cheaper as time went by.

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any way to get out of my cingular contract?

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@bambino: Well i got called an idiot and was told to sue them so i feel her pain. My contracts up in 3 days and i already have switched to verizon. Ill use a damn pay phone before those bastards get another dime from me.

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@Cassifras: if you remember they increased text messages from 5 cents to 10 cents a few months ago across all wireless carriers. In a matter of days Cingular and Verizon will follow suit. Just wait a few weeks and you'll get your letter too.

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I'm curious ... consumerist always gives us sneaky ways to get out of our wireless contracts - but where are we supposed to go? All these companies seem to suck in one way or another ... can you do some research and give us the lowdown on who is "best" (not like that's easy to define) rather than new ways to get out of these stupid contracts?

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"1. Your plan must not include a text message package"


Question about this statement. According to the graphic above, it says that there will ne an increase from $0.10 to $0.20 for the "additional text" rate. Isnt that an increase for text messaging overage with a texting plan? Therefore isnt that STILL a material change even if you have a plan?

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@Ickypoopy: I believe you are correct. This is a little sketchy though. I say that b/c when I was a t-mob csr, there was no way this angle would have worked on any supervisor I had, and I was repsonsible for cancelling most accounts. Basically they would have told you to take it to mandatory arbitration. This is only an issue I've heard of in the last 6 or so months, after I quit, so maybe it does work today.

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@Ickypoopy: Yep. You are correct.

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Just curious, though: there's a section in the Terms and Conditions about changes to the agreement:


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.


That makes it sound like that the texting fee change doesn't apply, since it's a "casual use charge".

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So riddle me this... today is 8/15. If I remove my text messaging plan, send some messages at $0.10 and then try to cancel, will they let me out. Someone tell me it doesn't work this way.

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@Jasmo: Best is completely up to the individual. I have Verizon, and I love it. I get amazing reception everywhere I go (travel numerous times a year, spanning east to west coasts) and I get a corporate discount (not a verizon employee discount) that drops the prices to reasonable levels.


I had Cingular before this and hated them with a passion. Horrible reception where I travelled and horrible service. I realize there could be people who have the complete opposite experience, and I wouldn't expect them to value one experience over another.

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The FTC is up Whole Foods' ass while shit like this continues to happen. Just look at the popular sentiment with any single carrier and you'll see nothing but hateful opinions similar to those expressed here.

And the companies are only screwing us worse with time. Christ.

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So you get out of the contract and so what next? Now you need another contract. Same shitty contract. Sigh.

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You're OK to go if you live in Cincinnati. Cincinnati Bell Wireless does not require a contract. Better yet, you can change your rate plan at any time without penalty!

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Does anyone know if this would permit you to get out of the contract, yet keep sprint service?

I have the Sprint Employee's Referral Option (SERO), and I am and have been very happy with my Sprint Service.

I called Sprint and they said that the only way out of the Early Termination Fee was if I canceled service completely.

Thoughts?

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I am so glad that my contract with Sprint expires in a little less than three months. I won't need to jump through all of these hoops; I simply need to be patient. Although my reasons for wanting to cancel are different than some other people, I still want to jump to another carrier. I am just stuck trying to choose the lesser of the four evils, however. It's almost a no-win situation for any consumer who wants wireless service.

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I just spent 15 minutes on hold to get the nice sprint lady (that I got through by requesting billing on the voice prompt)to block the sending and receiving of text messages on my phone.

I was willing to spend 10 cents for one of my friends to text me a "whats up" while drunk in a club at 3am... 15 cents was pushing it...

20 cents? Are you F-in' kidding me???

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According to Sprint's latest change in the terms and conditions AFTER they increased from 10 cents to 15 cents, text messaging data & directory assistance is no longer considered a material adverse change.

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@Sogarth: The T&Cs do indeed say that, but I believe that is illegal and unenforcable. It is still a material adverse change to the contract, so they still need to let you go without an early termination fee.

@zenmeta4: No, I don't think this is possible, since the plan is only offered with a contract. The only way to be "out of contract" is to let your contract run its course and then refuse any upgrades/extra features/discounted handsets/etc. that would cause a new contract/contract extension.

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On an unrelated note, didn't Consumerist do a post on how you should used use plain black squares to mask sensitive personal information when posting copies of bills, becuase the blurry squares (like the one's they just used) can be "reversed-algoithm-ized" into readable characters?

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@Sogarth: I don't think that is enforceable; contract law supersedes Sprint's policies. It is not Sprint's decision to dictate what is and isn't a material change to the contract.

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I just called to cancel based on the text message rate increase and was unsuccessful. First, I got accused by the CSR of trying to weasel out of my contract and he offered me 300 free text messages. I told him how upset I was at his accusation and said I needed to speak to someone else and got his supervisor who said that the rate of text messages isn't part of the contract so increasing the rate isn't a "material change." I told them I would be filing a report with the state attorney general's fraudulent business division and the better business bureau and all he had to say to this 8-year loyal sprint customer was "I'm sorry to hear that." Off to the AG's office and BBB for me. Hope the rest of you have better luck.

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@schwnj, nick2588: Yes contract law does supersedes the contract itself however it doesn't mean that Sprint will give you a load of crap to deal with just to get them to obey the law.

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I just canceled my Sprint account very easily. I was lied to by the "friend" who worked in a sprint store and duped into a two year contract even though i expressly stated one year. Long story short, all i did was call them and tell them i was moving in a week to somewhere they didn't provide service... in my case i chose Mosquero New Mexico. they asked for an address and i gave the only one i found on Google maps. worked like a charm, no service fee at all.

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@fluffycow: I had to report Sprint to the BBB last month for their roaming charge increase because they wouldn't let me out of my contract without an ETF. Still haven't heard a response from them (and the BBB expects one by August 23rd...be prepared for a long wait).

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@zenmeta4: They're still going to charge you for international text. This applies to you still.

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@Fluffycow: Looks like you overlooked step 6 of the manual...

6. If the rep is poorly trained and wants to hot-potato you to a supervisor rather than transfer you to account services, you must insist that you want to cancel service despite any potential fees so the rep gets you to the group that actually knows the correct procedures.

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@Black Bellamy: @bambino:
You guys ever notice you are on Ben's "Hit List", (Don't worry, so am I), along with smarty and justaguy2? Also Thrust is there too but been banned. Maybe I'm wrong but I doubt Ben bans friends. Don't believe me? Click on Ben's friends comments.


Speaking to my old tmobile friends, this is a tough arguement to win with.

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@Jasmo: Well, going with a smaller provider that doesn't require a multi-year (or even multi-month) contract is probably a lot safer -- that way if you're dissatisfied, you don't need to worry about finding an out. Cricket Wireless and MetroPCS are among the companies that do this (and with affordable fixed-rate, all-you-can-eat plans).

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2. You must call within 30 days of the rate change.

Since this goes into effect on 10/1, does that mean I have to wait until 9/1 to cancel based on these conditions? Or does that mean within 30 days after the new terms go into effect, i.e. November 1st?

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If their policies are anything like at&t's this wouldn't work because it's not a subscribed feature. Pay-per use isn't a subscribed feat.

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I successfully canceled my account after 10 minutes on the phone. At the voice prompt, I said 'Billing'. Then I told the rep that I wish to cancel my account. She immediately transferred me to the accounts department. The rep there asked me why I wanted to cancel, and when I told her about the increase in text rates, it was news to her. She put me on hold, told her supervisor about it, then returned to thank me about letting her team know of the changes!! Then she even remarked how, looking at my bill, it doesn't seem like I'm a frequent text user, and I told her thats only because they are increasingly becoming so expensive. Then she offered me 500 free text messages, and I refused. Then she informed me that my contract isn't over yet, so I'll have to pay ETF. I told her about materially adverse changes, as in my contract and that the ETF should be waived for me. She again put me on hold for a few minutes, and then returned to tell me that she's cancelling my account and I wont be charged any ETF. That's it, and I was done!

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I just called and the CSR in account services stated that there is no such thing as a materially adverse change permitting contract cancellation because the contract states that "everything" is subject to change.

Except the end date, it would seem.

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I hope this thread hasn't died yet... I was hoping someone would post saying that they successfully canceled their contract this way... I'll have to try later and let you guys know my results

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Didn't work for me.

The rep was very pleasant but said that their legal team told them that a lot of customers have been calling stating the same thing that I did and that all accounts were auto-grandfathered in and I would have to pay the ETF. I was on the phone with him almost 45min and he still wouldn't budge.

However, he gave me a 5% discount on my bill every month, lowered the bill by another $20 and unlimited text msgs. Soo...not a bad thing that I called overall.

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Just called and the CSR said that everyone is granfathered in and that you can't cancel based on the new rate because it doesn't affect you anymore. I'm going to call back tonight. Maybe I'll be getting a nice letter from Sprint letting me out of my contract because I call them too much.

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tried the other night as well and also were told we were grandfathered in. At this point, I may just pay the ETF. $200 is starting to seem like a deal to get out of Sprint.

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Just canceled my Sprint contract without EFT..


I have over the past couple of months used roaming and I do not have roaming included in my plan.


I dialed *2 and said "cancel"


I got an american CSR and explained that I occasionally roam and cannot afford the increase in the new rate. I was very polite and asked to be let out the contract without the EFT(pointed out this was not what we agreed upon when I started service). She pulled up my account and noted that I do roam and then proceeded to look for the rate increase.


I was put on hold and she came back after about 2 to 5 minutes and informed me that I could indeed cancel the contract. She first tried to offer me a roaming plan and tell me that I just signed a new contract this June (I hadnt).


I still had more than a year left on my phone contract with sprint (and this was a family plan with two phones)


They told me I have about a month to port my numbers.


I think the key is being calm, getting an american csr, apprearing sincerely knowledgable and reasonable.


This took about 15 minutes total.


I hope this helps



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I just tried to cancel and they told me that I do not qualify to have my ETF waived because I do not have a text messaging package, and that the casual/pay-as-you-go rate only applies to pay as you go cell service, no pay as you go text message rates.

so I hung up and called back to add a text messaging package, effective immediately. As soon as it shows up on my online account statement, I'll be trying to cancel again... I'll let you guys know how it goes.

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I just called Sprint. The CSR quickly sent me over to the Account Services Dept. where I explained my situation to the rep. She claimed that I was not effected because I did not have a text messaging plan and it did not effect casual messaging. Well, I pointed here to the exact note on the statement where it specifically says it effects casual users and overages by people that have plans and she insisted I could not cancel on those grounds because it is my choice to not have a text messaging plan and if I had a plan I would not be charged. I was fed up with her argument so I asked for her supervisor. He came on the phone and argued that I was not affected. He said if I had a text plan and had overages, then I could cancel without ETF. My argument is, how am I not affected. If I send a message, my rate will be 5 cents higher. I think they are full of crap. I spent 1+ hrs. on the phone and finally asked for a corporate number which I was denied. I am tired of arguing tonight so I am going to call in tomorrow morning.

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Am I the only one on Consumerist who dials outside the US?

I do a lot of business in Germany and call internationally quite often.

The note in the bill also says "International long distance rates and mobile termination fees will change - visit sprint.com/internationalrates for details."

I actually some kind of plan that allows me to make lots of international calls cheaply, so it's part of my "plan".

Unfortunately nowhere can I find what these flipping "changes" are?!?!?

Anyway:

a) Can someone tell me what these changes are???

b) Is this also grounds for getting out of the contract?

c) I know this is kinda unrelated, but what is the process for keeping your phone #? Do I have to line up new service before canceling the old service? Is there a window of time (reference please if so).

I hate cell phone plans.

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Another twist to this that I don't think has been mentioned so far...

I tried this approach for cancelling without ETF, and the argument that Sprint gave was that the text messaging plan (I have the 100 messages for $5/mo plan) is a "bolt-on" feature. As such, it is not subject to the terms and conditions of the larger contract.

Despite the use of the phrase "materially adverse change" about a dozen times, and their own admission that the change would indeed effect me, they flatly refused to waive the ETF. Both the initial CSR and a supervisor kept repeating that they "do not waive termination fees for text message changes."

It seems rather arbitrary for them to suddenly define text messaging plans as not subject to contractual terms and conditions. Has anyone else encountered this same argument?

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@mattinnyc, had a nearly identical and equally unfortunate experience. After getting denied a waiver, I called back and requested documentation supporting their claim. If the email never appears, I will make another attempt. Failing that, it has been suggested I file a complaint with my county consumer protection agency (and possibly inform them I would do so in my follow-up). I will be sure to provide updates!

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Following upon my previous post, I think I can safely put this thread to rest. I believe Sprint has the upper-hand in denying the early termination fee waiver under these circumstances. The only chance of success comes from contacting a representative who is uninformed and not willing to investigate the matter. (Considering they annotate your account regarding your exchanges, multiple attempts may only decrease the likelihood of favorable outcome.)

It is, after all, clearly spelled-out in the PCS Terms & Conditions. See section “Our Right To Change The Agreement & Your Related Rights”, paragraph two, for the debilitating article to which we all agreed when singing up.

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. [sic]

(Emphasis mine.) Article b (the first; note the mislabeling) seals this shut. The article—by my understanding—applies directly to text message services, especially as they may be changed without renewing the contact. I am not a lawyer (as my unfriendly CSR rudely insisted), but it seems that unless someone finds a loophole, I would not bother making an attempt at cancellation with this angle.

If we are lucky, Sprint will alter their any-time minute allocation tiers, or something nearly as drastic or broad, then most of us should have a viable escape. Until such time, I am eagerly counting down the 350 days, 8,402 hours between me and cancellation without penalty.

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On the bright side of all this, the very conditions I previously referenced also contain the following under section “SPRINT PCS SPECIFIC SERVICES”, paragraph two.

Roaming-Included Plans: Not available with single-band phones, or to customers residing outside an area covered by the Nationwide Sprint PCS Network. Sprint may terminate service if (1) more than 800 minutes, (2) a majority of minutes or (3) a majority of data kilobytes in a given month are used while roaming.

(Emphasis mine.) I suppose this should be a relatively painless way out, provided the service is used only during nights and weekends. Better still, there is precedent for it! Any comments regarding this “brute-force” approach?

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Interesting. I thought Sprint's data (at least on my Treo) did not work while roaming).