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Raised Txt Msg Rates, Got Until May To Cancel, But The Change Doesn't Happen Until June, So You Can't Use It To Cancel. Funny How That Works.

tmobilestore.jpgJoseph wanted to cancel his T-mobile contract over their raise in the text-message rates. Legally, this material change of contract voided his previous contract, but T-mobile still wanted to charge him an early termination fee.

Their rationale was that he couldn't yet as the change didn't go into effect until June 1st. However, the announcement said he only had until May 11th to dispute the change.

Tricky...


Joseph writes:

I just got off the phone with a T-Mobile Supervisor (after the 8th rep), that they rejected me from canceling my policy and waiving the cancellation fee because I do not "qualify" for it.

Very disturbing because the TOS says:

Changes to the Agreement or Charges. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IF WE: (A) INCREASE THE CHARGES INCLUDED IN YOUR MONTHLY RECURRING ACCESS RATE PLAN, OR (B) MODIFY A MATERIAL TERM OF OUR AGREEMENT WITH YOU AND THE MODIFICATION WOULD BE MATERIALLY ADVERSE TO YOU, WE WILL NOTIFY YOU OF THE INCREASE OR MODIFICATION AND YOU CAN CANCEL THAT SERVICE WITHOUT PAYING A CANCELLATION FEE (WHICH IS YOUR ONLY REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE. IF YOU DO NOT CANCEL YOUR SERVICE BY FOLLOWING THOSE INSTRUCTIONS, OR YOU OTHERWISE ACCEPT THE CHANGE, THEN YOU AGREE TO THE INCREASE OR MODIFICATION, EVEN IF YOU PAID FOR SERVICE IN ADVANCE. IF THE NOTICE DOES NOT SAY HOW LONG YOU HAVE TO CANCEL, THEN IT IS WITHIN 14 DAYS AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CHARGES FOR PRODUCTS, SERVICES, OPTIONAL SERVICES, OR ANY OTHER CHARGES THAT ARE NOT INCLUDED IN YOUR MONTHLY RECURRING ACCESS RATE PLAN (SUCH AS DIRECTORY ASSISTANCE, ROAMING, DOWNLOADS, AND THIRD-PARTY CONTENT) ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, AND IF YOU CONTINUE TO USE THOSE SERVICES, OR YOU OTHERWISE AGREE TO THE CHANGES, THEN YOU AGREE TO THE NEW CHARGES. VISIT OUR WEB SITE, RETAIL LOCATIONS, OR CALL CUSTOMER CARE FOR CURRENT CHARGES.

I told them I do not agree to the new charges. I told them this change materially affected me. The supervisor agreed that I was within my dispute period (May 11, 2007 is the last dispute period). I followed instructions, I've called the cancel. They denied the ETF waiver. On their grounds of "You Do not Qualify"

Fine, how does one qualify? Easy, you have to be charged the text message rate before and after the the material change. Guess what? The change doesn't happen until June 1, 2007. My last dispute day is .... May 11, 2007. I do not agree to the new charges. There is nothing "ANY REP" can do. Other than sit back and collect.

Furthermore, the TOS doesn't state anything about qualifying. I was just trying to follow the terms and service writings that says:

(B) MODIFY A MATERIAL TERM OF OUR AGREEMENT WITH YOU AND THE MODIFICATION WOULD BE MATERIALLY ADVERSE TO YOU, WE WILL NOTIFY YOU OF THE INCREASE OR MODIFICATION AND YOU CAN CANCEL THAT SERVICE WITHOUT PAYING A CANCELLATION FEE (WHICH IS YOUR ONLY REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE.

Still the supervisor did not allow me to cancel my account without an ETF.

Fine, he says this is an "optional" service, that does not quality. "If it was optional, then I can receive millions of text messages without being charge!" I said. He said, "No, but you still do not qualify." Then I said, "I will be charged the new fee, right? Then I will be materially affected." To his surprising response, he stated "Yes, you will be materially affected, however the impact is not great enough to waive the early termination fee."

The supervisor rep is Sean C Employee Number #3828459.

Hope you guys can help. I'm sure this is not the only letter of this type you guys have in your inbox.

Sorry to hear your plight, Joseph. Here are your options, all but the last of which are complementary and not mutually exclusive:

1) escalate up the complaint ladder
2) file complaints with regulatory bodies
3) sue in small-claims court
4) grin and bear it.

— BEN POPKEN

(Photo: swruler9284)

2:09 AM on Tue May 22 2007
By Ben Popken
5,529 views
31 comments

Comments

  • Truly an unfortunate situation.

    Not using a spell checker I mean.

  • Hope you guys can help. I'm sure this is not the only letter of this type you gays have in your inbox.

    Spell checker is fine. It appears that the grammar checker is busted.


    Anyways, I don't understand this sudden urge/fad to cancel your wireless service due to an increase in text messaging fees. It seems like people are trying to get out of their contract, for the sake of getting out of a contract. Do people really have this much free time on their hands?

    If the service works for you, then keep it and request to have all text messages blocked. Also, make sure your monthly statement indicates that text messages are blocked on your account. If you still receive text messages, just call customer service and ask for a credit. If they say no, then kindly inform them that you requested the block and your monthly statements confirm the block as well.

  • Actually, T-Mobile doesn't allow you to block text messaging. They have a useless "filter" on their site that doesn't work, and when you request a block (which I had done because of spam/other various texts), they state all they can do is change your number. And why shouldn't someone try to get out of contract?! You and T-Mobile had an agreement. The terms change, thus the agreement is void for both of you. If you can't go changing terms on T-Mobile in your favor, why should they be able to?

  • that's not bad spelling or bad grammar, they're both right. it's just bad syntax.

  • "Yes, you will be materially affected, however the impact is not great enough to waive the early termination fee."

    That's when you tell them it's not for anyone but YOU to decide what is materially adverse to you. And if you say it is, then it is. He cannot tell you this.

  • @LatherRinseRepeat: Tmobile will not allow you to block text messages. I tried, and they said they could/would not block them (and yes, I would be charged for any received).

  • Short them $3.00 on your next payment and when they call, tell them it's not enough to materially affect them.

    Kidding aside, file an FCC complaint. I've done it twice and have gotten satisfaction within weeks.

    The FCC sends the complaint along to T-Mo and I think they have a time limit to handle the complaint, and report back to the FCC.

  • @LatherRinseRepeat: It seems like people are trying to get out of their contract, for the sake of getting out of a contract. Do people really have this much free time on their hands?


    For the most part, yes, yes they do. Or they just want to get a new phone.

    To be fair, I'd use it as a last resort if I had a service issue that couldn't be resolved any other way, or if they were refusing to fix my phone under warranty, which happened a couple years ago. If I had known about it then, I wouldn't have switched services and essentially paid for 4 months of service that I had no way of using (broken phone) simply because it was cheaper than the ETF.

  • The "qualifying" factors:

    If you have either been charged for an individual text message within the current billing cycle or previous three billing cycles, you qualify.

    If you have been charged for exceeding your allotted messages as part of a message bundle during the current billing cycle or the previous three billing cycles, you qualify.

    Both of these "qualifications" are of course contingent on the fact that cancellation is requested within a 30 days after the bill insert was mailed out.

    (BTW, note that this only applies to text (SMS) messages, not picture (MMS) messages, as picture message costs are actually decreasing from 25 cents, nor do text messages sent to international phones numbers apply, as those were already being billed at 15 cents each, and are not increasing.)

    IANAL, but I would presume the corporate counsel for T-Mobile determined that if the previous "qualifications" were not met, then a materially adverse claim would be difficult to make. Can't say that I agree with that conclusion, but I'm sure it's likely that it is the one that was arrived at.

    On a side note, it is correct that T-Mobile doesn't have the ability to block text messages. It's number one on my wish list as an employee.

  • This is great! I now have a fantastic way to make money. Lure some sap into a contract w/ a HUGE ETF, tell them the rates are going up a bazillion dollars but not until AFTER the opt-out period ends, but tell them they can't utilize the opt-out period without the ETF. SWEET!

    Seriously, using TMobile's "logic," what is to prevent any company with an ETF in their contracts from pulling what I just described? Today it's txt msg rates, tomorrow it's "you now have one (1) Anytime Minute(tm) per month."

  • I'm not sure if this works with all cell phone companies, but I got out of my old Sprint contract by telling them I was moving to a part of the country where they don't offer service. I just looked at their service map alongside a U.S. map and found a town that wasn't covered and then entered the zip code of that town on their website to verify they didn't offer service there. Then I called and told them I was moving and then when I was out in the new town on job interviews my phone wouldn't get service. They asked for the zip code of the town and verified that they didn't offer service there and let me out with no ETF.

  • Is it a bizarre coincidence that there's a T-Mobile ad right below this story?

  • What percent of people WANT to stay with their cell provider? Do most people want out because of bad service or because they have to sign their soul away for 2 years? Probably both. Personally, I have Verizon and I think their coverage is great. I've found it to be the best compared to everyone around me, especially when we travel for work to BFE. But I'm tired of these contracts. They nail you in them because they know people want to switch. What does that tell you about their service? I don't think anyone is happy with this business model except the executives. Until the proper regulatory bodies do something about it, we're screwed.

  • The assertion that there is a date after which you cannot exercise your cancellation rights because the carrier decided to break the contract with the consumer is ridiculous. The "May 11" date the poster mentions is unenforceable by T-Mobile since they imposed it unilaterally and without your consent -- and in fact, no contract now exists between the carrier and the consumer, since T-Mobile chose to terminate the contract through their actions.

  • "Do most people want out because of bad service or because they have to sign their soul away for 2 years? Probably both."

    That, and lack of alternative coverage. If you don't live in a major metro area, you may only be served by one or two companies that cover the area.

  • Consumerist, Didn't I tell you this happend to me before and even send you a chat transcript specifically about this topic? Someone reply and told me that it "by the time I cancel it would be too late..Way to go Tmobile".

    It was only then when Tmobile made it "official" in the press was I able to get out my contract.

  • Image of Buran Buran at 11:22 AM on 05/22/07 *

    @lonelymaytagguy: There are ads on the page? What are these "ads" you speak of?

  • Government needs to regulate these contracts. Companies are getting away with too much here at the cost of consumers.

  • Well if they won't allow you to cancel honestly, then tell them you are in the military and are going to Iraq and want to cancel, they'll waive that nasty etf, I used to work for them ;)

  • @rocnrule: They ask for orders, and rightfully so. Anyone wanting to use that excuse can easily provide them.

  • he probably got an outsourced call center, I worked at one for Tmobile about 5 yrs ago..... bad conditions, low pay ETC = bad service.

  • @enmr4r: Orders are not required, at least for t-mobile. If the first rep won't, then try, try again. Trust me, it works.

  • @rocnrule: I guess I just caught the CSR on a bad day (is everyday a bad day for a CSR?) because they demanded orders and assured me that there was no other way. Which, I fought for about 2 minutes before just faxing them to whatever arbitrary number they gave me. But good to know, I don't doubt anything is possible given you have the time to find the CSR that will do exactly what you want.

  • So is this a job for Marty McFly and Doc Brown or do we need to call John and Sarah Connor along with the T-800?
    All kidding aside, they broke the contract, not the customer so the contract is technically null and void.

  • Image of Buran Buran at 04:35 PM on 05/22/07 *

    @Freethought: This guy needs to sue in small claims for the amount of ETF + his court costs, because I can't see how this would stand up in court.

  • I'm getting a new cell phone service next month. I guess it won't be T-Mobile.

  • As I posted in another of these forums, I am a firm believer in non-contract prepaid plans where you can end the service at any time. You don't get quite the same level of benefits as a postpaid plan (especially with data services), but you also don't get charged ETFs because there's no contract to break. But, if you fill your prepaid phone at the volume to get the highest price break, it's really no more costly than a postpaid plan (and in some cases is actually cheaper). I will never endure a postpaid contract plan again strictly due to issues such as this.

  • I have 2 prepaid phones, T-Mobile for talking with the good rate and long expirations. And I use Boost Mobile for the 35 cents a day data that I can tether to my laptop. Total cost under $20. Typically 150 minutes for $15 and data on 10 days for $3.50.

  • Just tried it and they would not cancel the service without the fee.. I use my phone for work so i'm constanly going over the spending limit. They cancel service and I miss important calls. It would be one thing if I got a text message saying i'm approaching the limit..

  • Hi Everyone,
    I know a lot of you are having the same problem with the text messaging cost I talked to Don M #1049790 who is supposed to be a big manager, but was the rudest person I have ever talked to at T-Mobile to date.

    T- Mobile should not be able to charge people who do not subscribe to text messaging. If you text someone anyway then you should be charged. But you should not be charged for solicitors or wrong numbers or people who think it is funny to text you even when you have asked them hundreds of times not to. I have signed my phone up to not be solicited but I still get them.

    Do you know if say a Million customers who do not want text messaging (Do not want to receive it or send it) receive 3 unwanted texts a month T-Mobile makes $450000 a month off of Innocent peoples hard earned money. That is if it is only 1 Million people with just 3 unwanted texts per month, Which I think those numbers are Conservative DO THE MATH. They bring up the point that they have to still receive it through there server well I know with all the technology out there that they could easily put a block on your phone except for the free texts they send you. This is there reasoning behind charging you even though you do not want the service.

    I sent a email and a fax to Robert Dotson. Email rdotson@t-mobile.com Fax (813)351-4100 I suggest everyone else does the same right away. If they know we will not stand for it and that we will ban together to stop it, Maybe they might just stop being scammers.

    I am also thinking of starting a class action suit against them.

    Here is the letter I sent to Robert Dotson CEO today:

    6-13-2007

    Dear Robert Dotson, CEO

    This is Charles and Stephanie . We have been complaining for over a year since February of 2006 about being charged for unwanted text charges. My wife and I do not subscribe to texting and do not want to either. We do not want to be nickeled and dimmed for random incoming text from solicitors or wrong numbers or just people texting. I am well assure you are aware of so many complaints from your CUSTOMERS THAT DO NOT LIKE IT. I understand that T-Mobile uses this for billing, upgrades and etc. BUT T-MOBILE FOUND A WAY NOT TO CHARGE PEOPLE FOR RECEIVING THOSE TEXTS. YOU ARE THE CEO, JUST CHANGE THE WAY YOU BILL, AND CHARGE THOSE WHO SEND TEXT MESSAGES AND NOT THOSE RECEIVING MESSAGES. as simple as that.

    Now we just received our bill statement on 6-12-2007 and noticed the price increase. Called up to complain again. Well a year ago your customer service in handling the situation of dissatisfied customers, told us that they would give us text credits and when those ran out we could call back up to get some more. NOW, THEY SAY THAT CAN'T DO THAT ANYMORE. Now we do not get that many text messages but WE ARE NOT WILLING TO PAY FOR SOMETHING WE DID NOT WANT. YOU ( T-MOBILE) CAN CONTROL THIS. T-MOBILE AND CUSTOMER SERVICE ACT LIKE THERE IS NOTHING YOU CAN DO. ---- JUST DO THE RIGHT THING----- Why make your customers unhappy. They choose you, why be sneaky , in the fine print , JUST BE UPFRONT. THE WORLD IS UPSIDE DOWN AS IT IS. JUST MONEY HUNGRY AND SCREW PEOPLE OVER IN THE FINE PRINT. That is a fine way to live in this world. HEY, BE THE GOOD GUYS. PEOPLE WILL RECOGNIZE THAT.

    As for nickle and diming your customers. How do we know that you don't have a subliterary company or just giving out phone numbers to solicitors or just random texting so YOUR CUSTOMERS ARE CHARGED THESE SMALL FEES. Sure, was .10 cents and now .15 cents is that much, BUT SAY 1 MILLION OF YOUR CUSTOMERS GET 3 unwanted TEXTS A MONTH AT .15 cents THAT IS $450000.00 A MONTH , $5.4 MILLION A YEAR. Well that is great for T-MOBILE BUT NOT FAIR TO YOUR LOYAL CUSTOMERS.

    LOOK OUT FOR YOUR LOYAL CUSTOMER!!! We are giving you money as it is. And we are repeat customers. All of us. Don't just try and screw more money out of us if it is not something we don't want.

    Now moving on regarding the cancellation period. For the change to .15 cents. We have our bill for march to April and there is NO NOTICE ON OUR BILL. Also reading on the web by consumer advocates, canceling didn't truly start until June 1st with a 14 day window.

    Well I am ASKING you do the right thing and either NOT CHARGE US FOR INCOMING TEXT
    or TO CANCEL MY SERVICE in which you offered as a company. THE FINE PRINT IS B.S.

    EITHER STAND BEHIND YOUR COMPANY TO SERVE YOUR CUSTOMERS (because we,the customers, are paying your salaries)
    OR
    FOR WHAT THE COMPANY OFFER CUSTOMERS TO CANCEL WITHOUT THE RUN-A-ROUND fine print.

    Please e-mail and respond to this so we can resolve any and all issues.

    A Loyal but Dissatisfied Customer.

    THANK YOU,

    GIVE YOUR ACCOUNT #

    IF YOU WOULD LIKE TO JOIN A CLASS ACTION SUIT PLEASE LET ME KNOW!!!!!

    Remember this is more than just an extra $0.45 to $1 it is about a mis-justice and big company's making money off of innocent people that work hard for there money. With the prices going up such as gas peoples budget is getting tighter and tighter and they are stealing. The only reason they are getting away with it is because too many people just think is just a small mistake in T-Mobiles favor and they can not be bothered. if you add it up they are making Millions off of you and everyone. Stop being a victim and fight back.

    I do not agree with stupid law suits but this is pure steeling just think of the older people on a really strict budget who are just trying to call their kids. It could be your Parent or Grandparent!!!!!

  • Hi Everyone,

    Good news after emailing and faxing Robert Dotson, his assistant called and informed us that they would cancel are contract without early termination fees. So if any other people would like to get there contracts canceled due to the text increase. Email rdotson@t-mobile.com fax (813)351-4100

    Good luck!!!!

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