Want to get out of your T-mobile cellphone contract without paying a $200 early termination fee? Now you can. T-mobile is raising its text message rates August 29th to 20 cents per message. This counts as what is known as a “materially adverse change of contract.” Under standard contract law, if one party changes the terms of the agreement in a way that financially harms the other party, then the contract is void. If the contract is void, so is any stipulation that you be charged a fee for breaking it (especially as technically they broke it first). You will have much better success arguing its a materially adverse change of contract if you are not currently in an unlimited text message plan. You don’t have to wait until August to escape, members of the Slickdeals forums are already reporting success escaping without penalty. Stay tuned to The Consumerist for more information and tips on using this money-saving tactic.
SMS rates going up! [TmoNews] (Thanks to Arnaldo!)
(Photo: scentzilla)
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@wcnghj: wait, OK, sosumi. CDMA works in “Asia” and other places. but GSM works everywhere, for a price of course.
I still don’t have much of a reason to leave T-Mo, though.
Well guys, I just canceled my account and it couldn’t have been easier. I just told the nice lady I wanted to cancel because of the 20 cent text message increase and she tried to sell me a text messaging plan, which I declined politely. She then said “Well, that’s ok. Since there was a change in the plan, we’ll go ahead and waive the termination fee too. Your plan will expire after July 18th.” So, I didn’t even need to argue or anything about the termination fee, THEY brought it up! As an added bonus, my plan expires shortly after the release of the new iphone. Man, I’m so glad I read this article.
@geeniusatwrok: A little late, but for future reference- it also includes China, Thailand, and India, among a few other countries.
OMG I just cancelled my family plan, but kept my other line open (1000 Min for $41.00 + taxes). The first lady was very “friendly” but told me that if I canceled now she would charge me the ETF, I called 2 hours after and then the second one was so freaking dumb/rude/stupid she even hung up on me in the middle of the conversation. The third try was the best, he put me on hold for about 20 minutes and canceled. Please make sure you tell them exactly as the Consumerist Ben Popken puts it “T-mobile is raising its text message rates August 29th to 20 cents per message. This counts as what is known as a materially adverse change of contract. Under standard contract law” and add “I can not accept those charges so please cancel may account without EFT as this is clearly an MATERIALLY ADVERSE CHANGE OF MY CONTRACT” Yes you have to keep repeating this especially if you get a really awful C.S.R. Good luck! And make sure you talk nice to them even if you get the rude ones.
To answer a few questions raised here:
1. Yes- T-mobile is introducing various message blocking and control features in July. You can block all messages that would charge you, and you can select controls – like blocking instant messaging if you so choose, or messaging on just one line.
2. Yes, you can cancel the contract over the Text messaging hike. It is official. You will get an insert in your bill soon and will be able to cancel within 30 days of that – or now if you insist on cancelling.
(Tip- wait to get to the “saves/customer loyalty/account specialist” department until you contest the ETF. – Also, if you have been with T-Mobile longer than 10 months you should be transferred there as soon as you mention you want to cance- don’t hint at it, say :”I want to cancel the account” and save some time.)
3. No, you can’t just re-up on another plan for a discount. You have to wait 91 days to get a new account or you will just restart your old account – contract and all.
4. If you have unlimited messaging on your plan it may be difficult to cancel without the ETF. With unlimited messaging the change does not change your contract and does not penalize you.
5. I have no information as to going to month-to-month and keeping service but if you can talk them into it, go for it.
@marzman: re #2
I just got that insert in my bill.
It has the following:
See http://www.my.t-mobile.com/messagerates for more information on the rate chance and Section 3-5 of T-Mobile’s Terms and Conditions, available at T-Mobile.com, for additional information on your rights(which may include early service cancellation) as a T-Mobile customer.
It also states that this change does not apply to those who have “Take Control” or “KidConnect” Plans..whatever those are.
Actually, even if you have unlimited text messaging, this change DOES affect you. The unlimited plan actually gets bumped to $19.95/mo (from $9.95/mo) so regardless of whether you are unlimited or on a metered plan, you should be all good.
([my.t-mobile.com])
So… yeah… I’m wrong. Looks like they grandfather all existing unlimited plans and the $19.95 only counts for NEW plans. Alas…
::HOW TO WIN::
————–
Here’s my story. I called a total of 3 times and got the runaround, but in the end, I won!
Cancelled both my lines without the ETF. Here’s how it went down (shortened of course):
Call 1: Me and Susan (aggressive)
ME: I’d like to cancel because of the txt message increase.
SUSAN: Sorry to hear that. Let me check. Ok. You can cancel for $200 etf.
ME: Ummm… In your Terms and Conditions it says if there’s a chance that increases your monthly charges, like the txt increase, I can cancel without an ETF.
SUSAN: Ok. Let me talk to my supervisor.
(3 Minutes and one bad song later)
SUSAN: Ok, we’ve checked your account and since you had a txt plan in May and didn’t go over, you don’t quailfy for the “waiver” because you haven’t gone 3 months without an
overage or without a txt plan.
ME: So… I would qualify next month?
SUSAN: No. Because we’ve “made a note of this”
(HANG-UP)
Call 2: Me and Jeff (polite)
(Requested cancel b/c of txt increase)
Jeff: Sorry about that. I understand what with the gas prices these days. Ok, we can cancel your account with a $200 ETF.
ME: According to your Terms & Conditions this change would be, “Materially Adverse” to me and I qualify for the ETF to be waived.
JEFF: Ok, let me look into this.
(SEVERAL songs later)
JEFF: Thanks for waiting. When did you recieve notification?
ME: I recieved notification on http://www.tmobile.com, it’s on the main page.
JEFF: You didn’t get the notification in the mail?
ME: No. I recieved notification on your website and the Terms & Conditions don’t say it has to be a physical notification.
JEFF: I’m sorry, I’m not trying to be difficult, it’s just our policy.
(HANG-UP)
Call 3: Me, Eric, and Antwon (both apathetic)
ME: (Request cancellation b/c of txt msg increase)
ERIC: I’ll forward you to our “cancellation department”
ANTWON: I heard you want to cancel.
ME: Yes b/c of the txt msg increase.
ANTWON: Ok we’ll cancel the two numbers today and the numbers will be available for 60 days.
ME: So… I qualify for the ETF to be waived according the the Terms & Conditions
since it’s “Materially Adverse” to me.
ANTWON: I know, I applied the waiver.
ME: Thanks!
(HANG-UP)
In the end I called 3 times (4 different people) and although I was a nervous wreck, I eventually got someone that wasn’t trying to yank my chain, and cancelled my account without the ETF!
THE BEST ADVICE: Just keep calling, quote the Terms & Conditions, and tell them the change is “Materially Adverse” to you.
::HOW TO WIN::
————–
Here’s my story. I called a total of 3 times and got the runaround, but in the end, I won! Cancelled both my lines without the ETF. Here’s how it went down (shortened of course):
Call 1: Me and Susan (aggressive)
ME: I’d like to cancel because of the txt message increase.
SUSAN: Sorry to hear that. Let me check. Ok. You can cancel for $200 etf.
ME: Ummm… In your Terms and Conditions it says if there’s a chance that increases your monthly charges, like the txt increase, I can cancel without an ETF.
SUSAN: Ok. Let me talk to my supervisor.
(3 Minutes and one bad song later)
SUSAN: Ok, we’ve checked your account and since you had a txt plan in May and didn’t go over, you don’t quailfy for the “waiver” because you haven’t gone 3 months without an overage or without a txt plan.
ME: So… I would qualify next month?
SUSAN: No. Because we’ve “made a note of this”
(HANG-UP)
Call 2: Me and Jeff (polite)
(Requested cancel b/c of txt increase)
Jeff: Sorry about that. I understand what with the gas prices these days. Ok, we can cancel your account with a $200 ETF.
ME: According to your Terms & Conditions this change would be, “Materially Adverse” to me and I qualify for the ETF to be waived.
JEFF: Ok, let me look into this.
(SEVERAL songs later)
JEFF: Thanks for waiting. When did you recieve notification?
ME: I recieved notification on http://www.tmobile.com, it’s on the main page.
JEFF: You didn’t get the notification in the mail?
ME: No. I recieved notification on your website and the Terms & Conditions don’t say it has to be a physical notification.
JEFF: I’m sorry, I’m not trying to be difficult, it’s just our policy.
(HANG-UP)
Call 3: Me, Eric, and Antwon (both apathetic)
ME: (Request cancellation b/c of txt msg increase)
ERIC: I’ll forward you to our “cancellation department”
ANTWON: I heard you want to cancel.
ME: Yes b/c of the txt msg increase.
ANTWON: Ok we’ll cancel the two numbers today and the numbers will be available for 60 days.
ME: So… I qualify for the ETF to be waived according the the Terms & Conditions since it’s “Materially Adverse” to me.
ANTWON: I know, I applied the waiver.
ME: Thanks!
(HANG-UP)
In the end I called 3 times (4 different people) and although I was a nervous wreck, I eventually got someone that wasn’t trying to yank my chain, and cancelled my account without the ETF!
THE BEST ADVICE: Just keep calling, quote the Terms & Conditions, and tell them the change is “Materially Adverse” to you.
wow im really amazed that i stumbled across this right now.
Here it goes. I am under a family plan with 4 other lines. I am looking to get the new iphone and switch to AT&T. Using this method of canceling the plan without ETF how can i guarantee that they will only disconnect my line and not the rest of my family members ? and on average how long is it taking to get out of the contract. Thanks for all the help!
Worked like a charm. I called and was tranferred to a super helpful girl who was very friendly. I kept making small talk and explained that because of the text increase I wanted to cancel. She asked if there were any other reasons and I said that my girlfriend and I were going to “become more serious and get a family plan” (which is true). She went off about how her and her boyfriend just got a puppy and were so excited to take these steps etc. Really nice girl.
So, she asked me if I wanted to switch to month to month so that way I could port my number to any carrier. “You’ve had this number for so long you should be able to keep it!” I asked if this would give me the ETF and she actually seemed shocked that I would even think that. She said of course not and there’s no way she would charge me that.
I made sure to thank her a lot and tell her that she was the most helpful T-mobile rep I’ve ever dealt with (which is also true). I said that I expected it to be a much more laborious process and she said that she knows I have “important things to do and don’t want to take up your whole morning.” She wished me good luck with everything with my girlfriend and I wished her luck with her dog. Done, less than 5 minutes.
No problems at all. Got a very nice rep on the first call. She was so
Of course, that’s how they’re
nice I actually felt a little guilty
supposed to make you feel, but she was good. Didn’t have to press to
waive the fee at all, she just offered to do it.
No problems here – very nice rep.
Said I needed to cancel/port my number because of the increase in rate.
She told me I needed to call new carrier.
I said I will, but wanted to make sure it’s noted the ETF should be waived because of the text message increase.
She said no problem, let me make the notes in here, and to make sure that I do it before 8/22 because if not it’s considered agreeing to the increase.
Took about 3 minutes.
Note: to get to this person, I said ‘Customer Service’ then when asked to get more specific i said ‘Cancellation’.
Also – I use an iPhone on TMo with 1000 txt/mo plan, Total Internet, and 1000min/month. My contract is also up in November so they have less incentive to keep me maybe.
Dang sidekick unlimited plan. The problem was is that I was waiting on a newer blackberry. Had a curve with ATT and wanted something new so didn’t get a curve with tmobile. Got a sidekick instead and had unlimited text. Only use it for aol IM which i can download programs that run that through data on the blackberry so I won’t get text message. Thing is they never came out with it and now I am stuck in this crappy contract for another 18 months because I planned on sending just a few text a month and getting a blackberry when it came out.
Just called 5 minutes ago and said “I want to cancel my account because of the messaging increase.”
The t-mo reo said: “Ok, let me check a few things…let me check one more thing…ok and one last thing. Is this the only reason you are cancelling?”
And I said “yes”. That was it, I asked to make sure there was no ETF and she said “yes and we should have your account cancelled in the next 10 minutes.”
Perfect timing, I just lost my Blackberry and want to get an iPhone
I tried this and they said no problem the won’t charge me but when I got the bill they charged me $400 cancelation fee and only credited $200. They said it was b/c I transfered my #, but that makes no sense since I told them I would be transfering my # after canceling and told it wasn’t going to be a problem. The customer rep and her manager told me there was nothing I can do. So I just sent the following email to the executive response email and I will see what happens. Hopefully I will hear back soon. Any other suggestions are greatly appreciated. Pretty much the customer rep was of no help and just said oh well.
Thanks…
Letter to Executive Support:
I am writing in regards to an issue with being mistakenly charged the ETF when I was told I would not be.
My name is XXX and I have been with T-Mobile since 2001, my mobile number is XXX and account number XXX.
Let
me explain the situation. I have been a longstanding T-Mobile customer
and happy with the service but due to the increase in recent billing -
the increase in the text messaging fee, I have decided to switch
providers in the mean time to help reduce costs. I called on July 14th
to inquire about canceling my service and having the ETF waived due to
the text messaging increase. I spoke to an agent named Jerome who spoke
with me and a supervisor to confirm the issue. I explained that to save
money due to tough economic times I wanted to cancel my service due to
the rise in the text messaging fee I was going to be transferring my
number to my husband’s service provider. I was told that this wouldn’t
be a problem that they will note it in my account and when I want to
transfer the service to just call in. I called the next day and
informed them I would be moving my number and they told me it wouldn’t
be a problem.
Now a few weeks later I get my last bill and I see the following charges:
- Contract Termination Fee $400
and
- Talk or Walk ETF: – $200
So
I am still being charged a termination fee of $200, I don’t know why
the fee is $400 to terminate a contract if the ETF is only $200. I have
no idea why I was told I could transfer my number without a problem or
fee on one day and then still charged a fee when the bill comes. If I
knew I was going to be charged an ETF at the end I would have found a
different solution.
I called and attempted to resolve the issue
but the customer service representative could not help me and could
just explain that because I transfered my service I am going to be
charged and ETF. Even though previously before I even canceled I was
told that no ETF would be charged and it would be waived due to the
change in contract. No where in the terms and conditions for raising
the text message fee does it say that if I transfer the number that I
will be charged an ETF. The waiving of the ETF is due to Tmobile
changing the terms of the contract and it is my understanding and I was
told that it would not be a problem to cancel my service and move my
number to another provider.
At that point I really feel
deceived. I have always been happy with TMobile and have been a long
time loyal customer and was planning to return to Tmobile in the future
because I believe you have both superior service and customer support.
This final issue has left me with a very bitter taste, I feel like I
have been deceived and no one has tried to help me resolve this issue.
I appreciate your help and hopefully we can get this resolved.
Thank you,
I called 10 or so times to try to get the ETF waived and spoke to several T-Mobile peeps, including a couple of supervisors. And no deal – looks like they have had so many people call quoting the “Materially Adverse” part of the T&Cs that they got their lawyers to look over it. Now they have some “policies” in effect that basically make it impossible for them to waive the ETF if you have:
a) an unlimited texting plan or
b) if you have a texting package and have NOT gone over your allotted messages in the last 90 days.
I had the 400 messages a month and didn’t go over that in the last 90 days – so they all said I didn’t qualify.
This happened for my account and also for my wife’s. So they are trying their best to prevent any more money lost through this “loophole”.
Maybe I could get someone to do it if I keep calling, but I’m exhausted.
Looks like I’ll just have to wait on getting an iPhone.
Drat!
hey guys, ive done some minor reading on all this but i have a curious question if anybody can answer… is this method viable even if i’m under a Flex pay account?