She writes:

I've had DirecTV for over 5 years but have been underemployed since April with bill money just trickling in. I've worked with all my utilities to keep service and keep making regular payments that are satisfactory to everyone involved. DirecTV has been the only company unresponsive to my requests and soon after I missed my payment date, my service was disconnected which is unfortunate but understandable. I figured I'd pay off the late bill and eventually reinstate service when my situation improved. I received an email from DirecTV saying that they will be sending me an empty box for returning my DVR's and that returning them within 7 days would avoid any fees and that they will send me a final bill.

On Friday I received the "DirecYV Equipment Recovery" box with an enclosed letter again stating that I will avoid any equipment fees by sending in my DVR's within 7 days. I called Directv to make sure I knew exactly what they expected in the box and was again told my account had a past due balance but would not incur any additional charges if I returned the equipment and reinstated service within 9 months. At this point I was content with my contact with DirecTV. I packed the box and it was on my "to-do" list to drop off today (first business day after receiving the box). But before I left my house this morning I found an unathorized $680 charge to my bank account from Directv. After calling customer service, using the DirecTV twitter account, and sending out EECB's, I was contacted by "David" from corporate (he would not give his last name) who I thought would explain the charges and reverse them since I still had 5 days to return the equipment. Instead he just repeated over and over, "How do I know I'll get my equipment back?."

I explained to him over and over again that the box was packed and going out today and they had no right to withdrawal hundreds of dollars without my notice but he refused to budge. At best he says he will return a portion of the charge when the equipment is returned and processed (minimum 6 day window.) I now have a giant financial mess on my hands because of my overdrawn account and my bank is investigating the charge.

I cannot believe it is legal for DirecTV to send me an email, a letter, and to verbally agree that I will not incur charges and then charge me 2 days later. I am not disputing whether I owe them for the past due balance, I am disputing their right to withdraw it from my card on file with no notice (since I am not on Auto-pay), I am disputing the equipment charges when I clearly have more time to return it, and I am disputing their idea that because they sense a risk of equipment loss (despite my constant contact with them), that they have the right to charge me before I have ample time to return their equipment.

I have tried everything to be the best, although temporarily unemployed, consumer possible but I really just want to know what recourse I have at this point.

Surely some of you have dealt with DirecTV's creepy underbelly before and have some words of advice for Mary. No fair to say "make your payments on time," because that's not the issue here.

(Photo: Maulleigh)

With the amount of success he's had in convincing AT&T to cut him free, he may as well have been making the customer service calls from his home. He writes:

I have 3 iPhones on my account with AT&T wireless and since moving to a new address I get no coverage in my area. I spoke with their technicians and they acknowledge that the service in my area is bad but they state that they can not guarantee service in homes or in buildings. They go on record as saying that I can not cancel my service without having to pay a cancellation fee for each line on my account.

The entire time I am on the phone with them, they ask me if there is any one that could take over the service. They are more focused with simply keeping the money rolling in from the accounts than they are with making sure that I have service or finding a way to make sure that the customer is taken care of.

Is there anything that you can do to help? Do you have any directs numbers for AT&T corporate or can you publish this story and try to get some sort or response from them?

He could start by contacting AT&T Wireless executive customer service. If any of you have moved to an AT&T dead zone and managed to get out of your contract, please leave your advice in the comments.

(Photo: mrbill)

The amendment was in response to the case of Jamie Leigh Jones, the former Halliburton/KBR employee who allegedly was raped by coworkers in Iraq's green zone and imprisoned by her superiors. When she returned to the U.S. and sued her former employer for claims relating to the rape, the company tried to force her into arbitration instead of court.

Last month, a court held that Jones's case couldn't be compelled into arbitration. With this amendment, victims will no longer have to sue to be able to sue for sexual assault and discrimination claims.

The passage of this amendment is a good step toward ending forced arbitration, a secretive, unfair, and lawless system that companies force on consumers, employees, and franchise owners. A larger bill, the Arbitration Fairness Act, would ban these forced arbitration clauses from these types of contracts.

Senate OKs Measure Related to KBR Assault Claim [Houston Chronicle]

The New York-based phone company has been ordered to "to refund up to $50,000 it wrongfully charged consumers."

"Frontier failed to spell out in its contracts the existence of costly fees," said Attorney General Andrew M. Cuomo. "The company is now fixing the issue by providing written notices of these fees and paying back consumers who were wrongfully charged."

The only way you'll be getting a refund is if you filed a complaint aginst Frontier prior to December 31, 2008, which is a great illustration of why you should always report company misbehavior to authorities like your state's office of the attorney general.

"New York Attorney General Smacks Frontier: ‘Early Termination Fee' Controversy Could Net Hundreds in Refunds to NY'ers" [Stop the Cap! via Michigan Telephone]

The advice ranges from sneaky (place your phone into roam mode to trick the cell phone company into thinking your contract is more trouble than it's worth) to the outrageous (move to a blackout area). Other hints include finding a friend to take over your plan and whining incessantly to customer service. Of course, there's also the ever-popular pastime of watching for materially adverse changes to your cellphone contract and using them as an excuse to rip up your service agreement. Watch and learn!

How to Get Out of Your Cell Phone Contract for Free [SpendLess TV, via Bargain Babe]
(Photo: FastFords)

The team only took notice of her situation after her story appeared in the Washington Post on Thursday. Had she only explained her situation, this would never have happened. Never mind that she tried to do so repeatedly.

[Redskins General Counsel David] Donovan's e-mail began: "I was sorry to read in the Post your account of your financial difficulties that prevented you from being able to pay for your Redskins Club Seats in 2008. I wish that you had returned our calls in 2008 or reached out to me in response to the letters I and others had sent you and explained your situation. If that had happened, we never would have proceeded with the claim against you."

Hill said she phoned Donovan when she got home Friday night from a day at a real-estate office where she is trying to jump-start her flagging sales practice. She said she told Donovan that she had called the Redskins repeatedly and once drove to the team's ticket office at FedEx Field.

Hill said she had attempted to get a waiver of a year or two in her contract. "I must have talked to them eight or nine times," she said. "I talked to a number of different people."

Congratulations, Redskins, on being slightly less terrible than we thought you were earlier this week!

Redskins Tell Va. Grandmother She Doesn't Have to Pay $66,364 Judgment [Washington Post] (Thanks, G&A!)

PREVIOUSLY: Don't Have $5,300 For Season Tickets? The Washington Redskins Will Sue You Into Bankruptcy

(Photo: Linda Davidson - The Washington Post)

Good news for fans of the Iggles and Football Giants and um, that other team with the crazy owner, it's apparently "Washington Redskins Are Evil" day on Consumerist. Moving right along, this time we find our villain suing season ticket holders who find themselves too broke to continue buying season tickets.

The Washington Post introduces us to a 72-year-old grandmother who, while crying next to the Redskins hook rug she made, explains that she's had season tickets since 1960 — but is now being forced into bankruptcy by the team she so dearly loves.

You see, she's a real estate agent, and has been hit hard by the market crash. She asked the Redskins to put her contract on hold for a couple years while she gets back on her feet — but they said no. And then she sued her for breach of contract and got a default judgment of $66,364.

Hill couldn't afford a lawyer. She did not fight the lawsuit or even respond to it because, she said, she believes that the Bible says that it is morally wrong not to pay your debts. The team won a default judgment of $66,364.

"It really breaks my heart," Hill said, her voice cracking as the tears well and spill. "I don't even believe in bankruptcy.

The Redskins say they were unaware of this lady's situation and that "For every one [the Redskins] sue, I would guess we work out a deal with half a dozen."

They also told the paper that all NFL teams sue their fans, but the Post checked it out and found that the following teams do not sue their fans: Baltimore Ravens, Cincinnati Bengals, Green Bay Packers, Houston Texans, Jacksonville Jaguars, New York Giants and Jets, Seattle Seahawks and Tennessee Titans. The Chicago Bears admitted to suing "in rare instances," and the New England Patriots sue "multiyear premium ticket holders." Everyone else declined to comment or didn't respond.

In all the Post found that the Skins sued 125 Redskin ticket holders for a total of $3.2 million.

The team won judgments totaling $2 million from 34 season ticket holders, most of whom did not hire an attorney and defaulted by not making an appearance in court.

For Redskins Fans, Hard Luck Runs Into Team's Hard Line [Washington Post] (Thanks, jpropagada!)
(Photo: Linda Davidson - The Washington Post)

The new deals resemble service contracts - indeed, many consumers don't seem to notice the difference. But unlike service contracts, the additive offers don't allow customers to cancel and get a refund.

According to a report in the St. Louis Post-Dispatch, companies such as US Fidelis and National Dealers Warranty are using the additive plans to avoid state laws requiring that refunds be issued to vehicle-service consumers for coverage they don't use.

Here's how the product warranties work: Consumers are sold an automotive additive - a bottle of liquid, or some tablets. Companies selling the additive say that if the product fails to prevent a breakdown, the warranty on the additive will cover repair bills - or at least some portion of them.

With traditional auto service contracts, the consumer is purchasing a promise that the seller will cover repair bills. The difference? First, with the additive, the consumer is buying a product, not a contract. Second, the consumer is entitled to a refund if a service contract is canceled early. That's not the case with a product warranty.

So if you buy one of the additive warranties from one of the vendors and need to cancel for whatever reason (move out of state? find a better mechanic?), you're out roughly $2,000.

Ten St. Louis area companies are named in a Better Business Bureau complaint about the matter, and many of them do business across the country, "including US Fidelis; National Dealers Warranty; Dealers Warranty, of St. Charles, which does business as Mogi; Carhill Enterprises, of St. Louis, which does business as Consumer Protection Services; and TXEN Partners, of St. Louis, which does business as Protection Direct."

Regardless of what state you live in, consumers should read the fine print before buying any new vehicle-service product.

Would you pay $2,000 for this additive? [St. Louis Post-Dispatch]

(Photo: Consumerist)

The franchise has decided to change their membership structure and to discontinue some programs and services that were included in memberships when Laura joined. Even worse, the club's management have chosen not to fully explain the changes to current members, and is charging the same price while reducing services. Is this the Fitness Shrink Ray?

I've been a member of Gold's Gym for about a year. I'm about as happy as one can be with a gym- it's within a mile of my house, has great classes and instructors, and TVs on all cardio equipment. I pay $40 a month for this gym, with privileges at the other Gold's on the west side of town.

A week ago, I headed into Gold's bright and early Saturday morning for a quick workout. Above the doors was a new banner- "$14.99 a month, no contracts, no gimmicks." What?? I pay more than twice that now, so I went in and talked to one of the front desk employees about it. He said that he had no idea what was going on, other than there were changes coming. He knew that new members paid $14.99 for a gym-only pass, and $24.99 to include the basketball/racquetball courts and pool. He said that they knew about as much as I did because nothing had been communicated to them.

I went to several group exercise classes this past week, and the instructors all said the same thing- they had no idea what was going on. Some thought group classes would be canceled, some thought there might be an additional fee. Still, a company that lowers its prices during a recession- sounds great!

Here's the kicker: Many members pre-paid as late as July for an entire year, at the higher, full-service rate which included all classes, child care, the pool, and longer hours. It does not seem that Gold's will refund their money, instead charging them a $93 "conversion fee" to transfer to the new lower rate. However, if I walk in off the street to join, it's only $79 to join.

Many other members had already voiced their concerns to C., the manager, and said he was a jerk/a—hole/etc. but I thought speaking to him calmly about what I wanted (reduced rate immediately or free passes to the classes to make up the difference) would help my plight. After all, I am a paying member, right?

C., frankly, did not care. He placed all of the blame solely on T., the aerobics manager, for her lack of communication to members. He likened it to buying a car, and then three weeks later the car is on sale. Well, that's kind of a different situation because he didn't pay more for a car that now is missing the radio, seatbelts and works only half the time.

I explained to C. that I had expected a letter detailing the changes to my membership plan (as these were material changes, and could invalidate my contract), but it seems that C. thought word-of-mouth and rumor was a better way to handle it. This was further reinforced by an instructor, who told our class that she was told that by C. himself.

Consumerist, I've been an avid reader of your site for many years, and I deal with customer service issues daily in my job. The right answer is to have explained this to all members ahead of time, but instead it seems they are relying on rumor to inform members of the new policies, and alienating them in the process. Call me crazy, but that's no way to do business.

My contract is up next month and I have until Wednesday to cancel it without being billed $93 + the new monthly fee. I'm only stuck at $40 for a month (although on principle I would like to cancel), but there are dozens, if not a hundred members, who are stuck paying the higher rate. What would you do?

We would start by contacting Gold's Gym corporate, and explaining the situation—it would be nice to know whether they condone this sort of thing from one of their franchisees. Maybe this is acceptable, but it's worth asking about.

Next, file a complaint with the Attorney General's Consumer Protection Division, and/or ask someone there whether the changes Gold's is making are acceptable under Indiana's laws regulating health and fitness clubs. You can read a consumer guide to those laws here, but it doesn't cover a situation like Laura's.

Many gyms have lowered prices or enrollment fees to entice new customers during the recession, but keeping current members is even more crucial. Why make this change, and why charge continuing members $93 for the privilege of not quitting at the end of their contracts?

Consumer Guide: Health & Fitness Clubs [Indiana Attorney General]

(Photo: Jun Acullador)

CAN! CEL! YOUR! FACE!

"Bas Rutten's Cell Defense: The Contract Hold" [YouTube] (Thanks to Rob!)

Molly writes:

My brother signed up for a monthly membership to Gold's Gym a few months before he deployed to Afghanistan. At the time he was told that he would not have a problem terminating his membership when he deployed. Before he left for Afghanistan he brought in a copy of his deployment letter to Gold's Gym and was assured that his membership would be terminated while he was abroad. After his first month in Afghanistan, my brother realized that he was still being charged for his gym membership. He asked my mom to assist him with the matter so she faxed and mailed additional copies of his deployment letter to both the Gold's Gym in Oxnard and to Gold's Gym's financial office. These additional copies of his deployment letter were "misplaced" and 2 months later he is still being charged for a gym membership that he cannot use! What a pitiful way to treat our servicemen and women.

The gym appears to be violating California Civil Code §1812.89(b), which gives anyone the right to cancel if they move more than 25 miles from the gym.

(b) (1) Except as provided in paragraph (2), every contract for health studio (Ed. Gyms count as "health studios," along with any place that provides "instruction, training or assistance in physical culture, body building, exercising, reducing, figure development and other similar skills.") services shall contain a clause providing that if the person agreeing to receive health studio services moves further than 25 miles from the health studio and is unable to transfer the contract to a comparable facility, such person shall be relieved from the obligation of making payment for services other than those received prior to the move, and if such person has prepaid any sum for health studio services, so much of such sum as is allocable to services he or she has not taken shall be promptly refunded.

If the gym is billing a credit card, Molly's brother can also file a chargeback and ask the bank to refuse all future charges.

Overview of California's Health Studio Services Contract Law: Legal Guide W-10 [California Department of Consumer Affairs]
(Photo: Arturo de Albornoz)

"I thought they must not understand that Colin was killed. But no, they understood completely," Eckert said.

She said the apartment's property manager told her that they knew Byars had been killed. But the woman told Eckert the management company had been advised by their legal representative that they should go after the rent and fees.

"I said you might be able to do this, but should you do this?" Eckert said. The early termination fee makes her especially angry. "How was my son supposed to know he was going to be killed?" she asked.

Eckert says she isn't upset. "I just wanted the community to know how ruthless and heartless these people were."

Landlord demands dead victim's late rent, fees [Kenoshaw News]
(Photo: Kevin Poirier)

"AT&T: No-contract iPhones coming next week" [CNET]

The second study translated the findings into academic-speak:

Our findings support some of the common assumptions found in the literature and contradict others. The findings from the first questionnaire support the assumption that most consumers do not read most of the contracts in their entirety at the time of contracting. But they do not support the assumption found in some literature that a substantial minority of consumers read their contracts and thus might discipline sellers. The results also show that many more consumers indicate a tendency to read contracts after the fact. The findings of the second questionnaire show that at the time of contracting, the most prevalent rational-economic reasons for reading the contact are cost, length of contract and the prospects of influencing or changing contract terms. Cost and the chance to influence or change contract terms are also detrimental factors in consumers' intention to read form contracts after the fact, as is the opportunity to learn new things about their rights and obligations under the contract. Surprisingly, however, legal jargon, print density and font size are not key factors in consumers' decisions on whether to read their contracts.

See, it's not that we aren't willing to put in the effort, it's that putting in the time has little chance of succeeding and definitely won't "discipline sellers." We do, however, zealously hunt down and cross out mandatory binding arbitration provisions.

Do you pretend to read contracts when commenting on consumer blogs? Tell us in the comments!

Studies Explore Whether Consumers Read Contracts
A Bit More on Whether Consumers Read [Consumer Law & Policy Blog]
(Photo: *_filippo_*)

B. says:

As a loyal Consumerist reader I have read horror stories about Sprint's customer service. I've been with Sprint for years without incident, but I was never an apologist. I assumed I hadn't had an issue with customer service because I'd never had to contact customer service.

That being said, I wanted to share a positive Sprint experience I had today. I have a brother who has bad credit, is unemployed, and has been (unfortunately) on my Sprint plan ever since I foolishly agreed to help him get a cell phone. At the time he asked for it, he was working, so I wasn't being a complete idiot when I agreed to put my credit on the line for him. However, for the past six months he hasn't worked and has made me become a bill collector in order to get his portion of the cell phone bill paid.

I finally decided I was fed up with the situation and would just eat the $200 early termination fee. I called Sprint this morning and advised the phone representative of the situation. She asked if I knew about the ETF, and I told her I did and was fine with it. She looked at my account history and commented on the length of time I've been with Sprint and asked me to wait on hold while she figured out what she could do. Mind you, I was fully prepared to pay the fee. I signed a contract and would have fulfilled my end of it. I simply answered her question when she asked why I wanted to cancel his line with my sincere, truthful response.

I waited on hold for about five minutes. When she returned, she advised me that she would place my brother's phone on a suspension until the contract is up in June. At that time, I can cancel his line without being charged an ETF. She also advised me that the phone won't be usable at all to my brother, so it will appear to be shut off, not just suspended.

This solution was above and beyond what I was expecting when I contacted them. I would have gladly paid the $200 fee in order to wash my hands of this entire mess. I'd have just chalked it up to another life lesson learned. However, this Sprint representative was awesome. I appreciated her empathizing with my situation and proposing a solution that is likely to keep me as a Sprint customer for years to come.

We certainly read a lot about things a company does wrong, and I wanted to give Sprint kudos for doing something right.

It was kind of you to help your brother that way, and we're glad you didn't suffer any consequences as a result of it. Using your credit to help family members can be a risky undertaking and can have emotional consequences as well as financial ones.

We're not saying you shouldn't do it — but you should make sure to protect yourself in the event that things don't work out. In your case, being able and willing to pay the $200 fee (rather than getting stuck paying an extra cellphone bill, or having your credit affected if you couldn't afford to pay) was smart. It's wonderful that it didn't come to that.

If you've got a customer service issue with Sprint, why not try the Sprint Consumerist Hotline: 703-433-4401

(Photo:smcgee)

When Consumerist reader Eric Zissen's brother died in his Florida apartment, he made a big mistake. He failed to give the landlord 60 days advance notice he was going to die.

Or so it would seem judging from the fact that the Sun Harbour apartment complex jacked his security deposit and charged his estate rent for the remaining three months of the lease contract.

Sun Harbour says they are "just following the letter of the lease."

Since the video was shot, the family took the case to court and won. But then the landlord appealed and now they're waiting for a decision from the judge in the appellate court. "A $2000 bill is now costing in court costs and lawyers fees 17k," says Eric. Luckily, the family was awarded attorney fees in the first case and if they win the appeal, they will go for attorney fees as well. The entire estate is on hold until the case is resolved.

RELATED: Fort Lauderdale Landlord Emulates Scrooge In Demanding Rent From Dead Man [All Headline News]

The victim, who suffered from Alzheimer's, exited through an emergency exit into the February night. Using the emergency exit apparently doesn't set off an alarm, and no one knew the victim was missing until someone discovered her the next day, with her face frozen to the ground.

The victim's son filed a wrongful death suit, alleging that the nursing home, Capital Senior Living, hadn't provided reasonable care. Capital Senior Living tried to force the case to arbitration, citing the arbitration clause in the contract for care. The victim's son pointed out that the victim had never signed the contract, and more importantly, the court held, the victim clearly didn't have the mental capacity to enter a contract, so the arbitration clause was invalid.

Although we are opposed to binding mandatory arbitration in all its forms, arbitration clauses in nursing home contracts are particularly insidious, as they have the potential to prey on the elderly and on distraught families making the difficult decision to entrust a loved one to a nursing home. Like most arbitration agreements, there is no room for bargain; one can't take out the arbitration clause and agree to the rest of the contract. In response, Congress introduced the Fairness in Nursing Home Arbitration Act last session.

The case is High v. Capital Senior Living Properties, a PDF is available here.
(Photo: evansent)

The National Transportation Safety Board is responsible for investigating plane crash and will take responsibility for the accident scene. In all likelihood, the airline won't be able to access the luggage anytime soon and will end up compensating passengers for their bags in accordance with their contract of carriage:

• Passengers will need to file a written request for reimbursement within 45 days.
• U.S. Airlines provides a maximum compensation of $3,300 for "provable direct or consequential damages resulting from the loss, delay, or damage to baggage in US Airways’ custody."
• Among other things, the airline will not compensate passengers for "money, negotiable papers, securities, irreplaceable business documents, books, manuscripts, publications, photographic or electronic equipment, musical instruments, jewelry, silverware, precious metals, furs, antiques, artifacts, paintings and other works of art, lifesaving medication, and samples.

• Travel Insurance: Almost all travel insurance makes provisions for lost baggage on top of what the airline's contract of carriage offers.
• Credit Cards: Passengers who booked their tickets with a credit card may also automatically receive extra baggage coverage.

Terms of Transportation [U.S. Airways]
(Photo: Danarah)

Consumer Reports has posted a quick start guide for those of you who don't use cellphones much — and are considering switching to a pre-paid plan.

One example:

With T-mobile you can buy 1,000 minutes that are good for one year for $100 plus tax. (If you refill your account before the expiration date, you can carry over those minutes.) That works out to less than $10 a month for 80 minutes, ample for anyone who carries a phone mostly for emergencies or occasional calls when they're traveling or running late.

The plans aren't for everyone — CR warns that people who are addicted to text messaging might want to stick with their standard monthly plan — but if you only use your cellphone occasionally, check out the article.

Do any of you use pre-paid phones as a way to save money? Do you like them? Share your tips in the comments.

Learn how to buy a prepaid phone [CR]
Cut cellphone costs with pre-paid plan [CR]
(Photo: iDream_in_Infared )

Basically, the language was just an add-on to a section that said that if there is some kind of error or dispute about a debit, and AMEX gives you the credit temporarily back to your bank account, and it turns out the debit was okay in the first place, then they will take it back. Nothing about that is changing, just now you explicitly agree that that's okay.

Here's the old clause:

If we determine that there was no error, we will send you a written explanation within three business days after we finish our investigation. Upon your request we will provide you with copies of the documents that we used in our investigation. If we have provisionally recredited your Bank Account during the investigation and determine that there was no error, we will notify you of the date on which we will redebit your Bank Account, and the amount to be redebited.

Just add, "You authorize us or an agent to debit your Bank Account for this amount." to the end.

The rest of the new terms of service changes, with some of the increased APRs and fees may still be cause of concern for some customers.

American Express: "We Can Yank From Your Bank Automatically" Clause? Not Quite [CreditMattersBlog] (Photo: pnoeric)

AMEX just sent out some new changes to terms of service for some customers, and one of them has us scratching our heads in particular. There's various increases in APRs and fees, but then under "In Case of Errors or Questions About Your Transactions" they're now adding "You authorize us or an agent to debit your Bank Account for this amount." What scenarios would qualify under "errors" or "questions"? Don't like the sound of agreeing to let anyone make withdrawals on my bank account without myself pulling the lever. The notice of TOS changes, inside...

Notice of Changes to Your Account

The terms of your Account are subject to change in accordance with the American Express Cardmember Agreement ("Agreement") governing your Account (including increasing rates and fees, changing fixed rates to variable rates, and adding new terms). Any language in your Agreement contrary to or conflicting with terms amended herein is replaced fully and completely. All terms of the Agreement not amended herein remain in full force and effect. These changes apply to existing balances and future balances on your Account. We urge you and any Additional Cardmembers on your Account to read this notice carefully and file it along with your Agreement in a safe place for future reference.

APR for Flexible Payment Features
For billing periods that begin on or after December 2, 2008, we are replacing the third sentence of subsection B of the Finance Charges section of your Agreement with the following:
- "Except as provided below, the APR is the Prime Rate plus 11.99%."
This is a variable rate. As of October 13, 2008, the Prime Rate plus 11.99% is an APR of 16.49% and a DPR of 0.0452%.

APR for Default
For billing periods that begin on or after December 2, 2008, the last sentence of subsection D of the Finance Charges section of your Agreement is replaced with the following:
- "The Default Rate is a DPR which corresponds to an APR equal to the Prime Rate plus 23.99%."
This is a variable rate. As of October 13, 2008, the Prime Rate plus 23.99% is an APR of 28.49% and a DPR 0.0781%.

Late Fees
We are changing the day upon which late fees may first be assessed as a result of late payment. If you have not paid the Amount Due on this statement before the 10th day after the Closing Date of your next statement, you will be assessed a $35 late fee (Iowa $15). For billing periods that begin on or after December 2, 2008, we are replacing the Late Fees section of your Agreement with the following:
- "If any portion of the Amount Due on a billing statement is not credited to your Account before the 10th day after the next Closing Date, we may assess a fee of $35 (Iowa $15). In addition, if any portion of that Amount Due is not credited by the following Closing Date, we may assess an additional fee in that same billing period of the greater of $35 or 2.99% of any amount past due (Iowa $15). If any amount past due is not credited to your Account by successive Closing Dates, we may assess a fee equal to the greater of $35 or 2.99% of any amount past due (Iowa $15)."

Transactions Made in Foreign Currencies
Effective January 11, 2009, the bolded clause in the Transactions Made in Foreign Currencies section of your Agreement is replaced with the following:
- "in each instance increased by 2.7%."

Electronic Funds Transfer (EFT) Agreement
Effective December 2, 2008, we are adding a sentence to the last paragraph of the "In Case of Errors or Questions About Your Transactions" section of your EFT Agreement. The following is added after the third sentence:
- "You authorize us or an agent to debit your Bank Account for this amount."

(Photo: TheTruthAbout...)

Jordache Thank you for contacting Sprint. My name is Jordache. How may I assist you today?

4:19:34 PM Ken I want to cancel my account.

4:19:48 PM Ken I was being transferred to someone but it took too long, so I decided to restart the chat.

4:20:02 PM Ken I'm hoping it will be quicker this time around.

4:20:13 PM Jordache May I ask the reason for canceling, Ken?

4:20:19 PM Ken It's complicated.

4:20:33 PM Jordache One moment please.

4:20:35 PM Ken Okay.

4:21:38 PM System You are being transferred to another queue. Please stand by...

4:21:38 PM System Jordache has left this session!

4:21:53 PM System Jermaine B has joined this session!

4:21:53 PM System Connected with Jermaine B

4:21:53 PM Jermaine B Thank you for contacting sprint account service department. My name is Jermaine. How may I assist you today?

4:21:58 PM Ken I want to cancel my account.

4:22:23 PM Jermaine B All right, one moment please.

4:22:46 PM Ken Okay

4:23:11 PM Jermaine B Thank you, for account verification, may I please have the 6-10 digit pin number on the account or could you please answer your security question for me?

4:23:22 PM Ken Answer to the security question is XXXXXXXXX

4:23:38 PM Jermaine B Thank you for that information.

4:24:08 PM Ken Mhm

4:25:28 PM Jermaine B Do you wish to cancel one line on your account, or both lines?

4:25:33 PM Ken Both lines.

4:26:43 PM Jermaine B Are you aware you are able to place the account on hold by placing the seasonal standby plan on that line instead of canceling, the standby plan is $5.95 per month?

4:26:46 PM Ken No.

4:26:53 PM Ken And I don't know of anyone who wants to take over the lines, either.

4:27:53 PM Ken I was told earlier that my ETF would be waived, because of the Admin Charge clause: "Administrative Charge Effective Jan. 1, 2009, the Administrative Charge will increase to $0.99 per line. For details on surcharges, please see Sprint Terms & Conditions or visit sprint.com/taxesandfees"

4:28:23 PM Jermaine B One moment, while I research that information for you.

4:28:37 PM Ken And that I could cancel my account today with that in affect, granted I pay my most recent bill on or by December 1st.

4:30:34 PM Ken I'm hoping your research won't take long because I have an obligation in half an hour.

4:32:09 PM Jermaine B I appreciate your patience. I am still researching that information for you.

4:32:44 PM Ken Okay. I don't mean to rush you either, but again, I'm on a time restraint.

4:35:09 PM Jermaine B This cancellation will take effect on 12/7/2008. This is the end of your current billing cycle. You will not be charged on the next bill for these lines because Sprint bills a month in advance. The early termination fee's has been waived.

4:35:33 PM Ken Okay, great. Thank you.

4:35:39 PM Jermaine B Your welcome, do you have any further issues I can assist you with today?

4:35:45 PM Ken If I could get that confirmed in an e-mail to me, that would be great (XXXXXXXX)

4:36:09 PM Jermaine B Yes, you will receive a email to your email address of this chat session.

4:36:19 PM Ken Ok, great.

4:36:30 PM Ken So all I have to pay is the December bill, right?

4:36:40 PM Ken the $170 something due Dec 1st?

4:36:59 PM Jermaine B Correct, $170.34 then your all set.

Easy as pie. For more information about this admin fee increase and how it affects your contract with Sprint, check out this post.

(Photo: balmes )

Here's the fee notice:

Administrative Charge
Effective Jan. 1, 2009, the Administrative
Charge will increase to $0.99 per line. For
details on surcharges, please see Sprint Terms
& Conditions or visit sprint.com/taxesandfees

And Matt's story:

I called sprint with the bill (with the exact wording) open, and their taxes and fees site (sprint.com/taxesandfees). First I got a normal CS rep, asked about getting an ETF waiver because of this "materially adverse" change, she said no, but that she would transfer me to an "account specialist" (retentions).

Was transferred to retentions, got a woman who also said no. We debated a little bit, me asking why it wasn't materially adverse, her saying because its a fee, etc etc. Once I realized I was going no where with her I asked to speak to somebody else. Apparently I got to talk to the King of Retentions, or something.

I remember this part the best, because he picks up the phone and says "Hello! I heard you had a question about one of our government mandate fees?" This really set me off. I had been saying the whole time it was their administrative fee and picture message increase. Anyways, we debated, a lot. Basically the only key was to never stop. He kept saying they could change their fees at any time, it even says so in their T&Cs. I pointed out how that was not valid, and how it was the whole point of a contract that both parties agree to the terms as presented, and how could you agree to terms in advance? After about 10 minutes of this I said "is there anybody else I can talk to" and he said "no, I'm the end of the line before you cancel", and then he said "Do you want the number to legal" and I said "yes!".

I was put on hold for about 10 minutes, when he came back he was much much nicer. He said they couldn't ETF free it now because it hadn't affected the account. I told him the reason I called now is because I wasn't to make sure paying the Nov bill is "agreeing" with the change (I'm sure if I called back in Jan there would have been nothing that could have been done). I said ETF free in Jan was reasonable, and asked him to put the note on the account to let me cancel ETF free in January if the account was affected by the change, he obliged.

Called back the next day, and the note was there.

Yes, the account is still not canceled. Yes, that note could mysteriously disappear. But Matt was able to go most of the way towards getting it ready to be cancelled once that new fee starts hitting the account. He just needs to go the next step. He needs to argue with them that it doesn't matter if it hasn't hit the account yet, the terms of the contract have changed. That alone gives him sufficient reason. If they respond by waiving the surcharge, he should insist that the contract has still been changed.

Just because it's in the terms and conditions that they can change the contract doesn't make it so. Ski lodges can make you sign death waivers but if you really do bust your leg up, the lawyers know you still can sue and probably will win. If
contracts could really be changed like this mid-term, then car dealerships could decide 6 months into your lease that you need to start paying a $300/month administrative fee.

Whether or not they obviate the effects of the contract change, the contract was still changed without his consent. If you stab someone, and then put all the blood back in the wound and put a band-aid over it, you've still stabbed them.

Administrative Charge Increasing Jan 1... [Howard Forums] (Photo: your_favorite_mart ian)

(Photo: Getty)

AT&T customer caught in 'spam-22' [Red Tape Chronicles] (Photo: afagen)

A spokesperson did confirm, however, the monthly members will pay the same rate as contract customers. If you're already a Verizon customer, you can switch to the monthly plan after your current contract is up.

From Bloomberg:

Verizon, which made about half of its $24.1 billion in revenue last quarter from wireless service, agreed in July to resolve a consumer lawsuit over early cancellation fees by paying a $21 million settlement. The agreement covered contracts that had a flat-rate cancellation fee and were issued before Verizon Wireless introduced a declining-fee structure in 2006.

Verizon's termination fees start at $175 and decline $5 for every month a user stays with the contract after 30 days. Customers can cancel for free in the first 30 days, Raney said.

Verizon Offers Monthly Plan With No Termination Fees (Update2) [Bloomberg]

"Verizon Wireless Going Contract-Free?" [Boy Genius Report via IntoMobile]

This summer, I joined Bally in what I was told was a month-to-month membership. I let the membership run out, and just discovered that not only have they been automatically renewing my membership, they put me in a 36-month contract that can't be cancelled. I felt incredibly stupid - had I not read the contract carefully enough? Etc. etc.

The copy of the contract that they gave me does indeed say that it is for 36 months, but this contract is not the same as the one I signed, and it is blank.

One of the places I would have signed, had this been the same contract, is immediately preceded by "The length of the term of this contract is 36 months...by signing below, you acknowledge [this]" in a large bold font. Even if I hadn't read the contract at all, I would have noticed that. But because memory can always fail, and I am astounded by the stupid things I do sometimes, I checked online, and apparently this is standard business practice for them.

Bally sucks. I'm pissed. In true college-student style, I've handed it off to my father, who will hopefully get this mess fixed, because if not, I, along with many other people who apparently have been similarly scammed, will be out a few thousand bucks.

Chanda, if they can't provide the contract you signed, they won't be able to hold you to that 36-month agreement. It will be awesome if your father can resolve this for you, but it will be awesomer if you handle it yourself, because you'll help teach this Bally Total Fitness to not assume college students are easy marks. You might want to try cheryls50's suggestions on this Bally post from April—she recommends you send a certified letter to Bally's corporate office and copy your state's Attorney General on it as well. Bringing the AG into the situation should help put some weight behind your demands that Bally cancel this fraudulent 36 month membership. Be sure you make it clear that Bally must agree in writing to not report anything negative on your credit history, too.

Here's some contact info we were able to find for mailing a letter. If you need help drafting a good letter to these guys, check out our tips on this post. (It's for email letters, but will work for snail mail too.)

Bally Total Fitness
Don R. Kornstein, Interim Chairman
John H. Wildman, SVP Sales and Interim Chief Marketing Officer
8700 W. Bryn Mawr Ave.
Chicago, IL 60631
773-380-3000 (Phone)
773-693-2982 (Fax)

And remember to always make a copy of any contract you sign, so that in the future you can put an end to this sort of con as soon as someone tries to pull it on you.

Witteman said a key problem with AT&T's service agreement is that the company doesn't list all the terms and conditions that apply to customers. Rather, AT&T says customers must review a separate "guidebook."

That guidebook is available only online, Witteman said, and runs about 2,500 pages. "What consumer is going to slog through that?" he asked.

Moreover, the service agreement says AT&T will "generally" provide written notice of price increases at least 30 days in advance, except when such notice isn't "commercially reasonable."

Witteman said the online guidebook and ambiguous notification policy appear to violate a California statute requiring that consumers "be given sufficient information to make informed choices."

AT&T's service agreement is written in dense legalese and essentially gives the company as much latitude as possible — while limiting customers' ability to seek redress.

[..]

An analysis of the agreement prepared for PUC staffers found fault with a variety of AT&T's provisions, including this one: "You also agree to pay for all charges for services provided under this agreement even if such calls were not authorized by you."

The analysis said this "is in direct violation to cramming laws," which protect consumers from having unauthorized charges placed on their bills.

Under the provision, the analysis concluded, "AT&T, or any other billing agents, could impose unauthorized phone calls on a consumer's bill." It said consumers would have "little chance in both avoiding and fighting against this type of fraud."

Unlike mandatory binding arbitration agreements—which are included in the guidebook—you can't simply opt-out of these new terms. "If you do not agree with the provisions of this agreement, your sole option is to cancel your services . . . within 30 days after receipt of this agreement."

Go free market, go!

AT&T buries customer rights in 2,500-page 'guidebook' [The Los Angeles Times]
(Photo: jetsetpress)

VerizonETFSettlement [Official Site] (Photo: Ben Vershbow)

Anthony writes:

My name is Anthony [redacted], and I was just robbed at knifepoint in Queens, NY, for my iPhone. I was walking home fairly late at night and a man walked up to me wielding a 10-inch or so blade and demanded my money and my iPhone.

I am writing you because after reporting the robbery to the police, I called AT&T – my service provider for 3 years – and asked if they could possibly work with the NYPD to track down my phone via the iPhone 3G's GPS. They said it was not possible to track any closer than the closest cell tower if the iPhone's functions were used, which kind of defeats the purpose of GPS in many ways. Given the Patriot Act and everything, I figured they can track down where we're taking a piss at this point.

But the big problem came when we started talking about replacing my iPhone 3G. Now I was an early adopter of the original 8GB iPhone and I just purchased the iPhone 3G in July. So when I asked if there would be a free replacement or a discount of sorts, the woman at customer service responded that since I just purchased the iPhone 3G that I would have not qualify for the discounted $199 iPhone 3G and I would have to purchase the phone at the higher price point of $399.

So after being such a long time AT&T customer and supporter of Apple's marquee product of the moment, I have been told that despite the fact that I was robbed by someone brandishing what was essentially a mini-machete I am now being robbed by AT&T.

I feel insulted as a customer, and appalled by the customer service at AT&T. This is beyond poor customer service; this is a lack of basic human compassion.

It's a shame that you're stuck in a 2-year contract because of a phone that you now no longer have. Ugh! AT&T is probably a dead end, but if you bought the phone with a credit card, you might want to call your credit card company. Many credit cards have 90-day "purchase assurance" or "purchase protection" programs that protect your recent purchases from loss, damage or theft.

Most people don't think to call their credit card company when something like this happens, which is a shame because they can be very helpful, and certainly more pleasant to deal with than your cellphone company. Don't delay, however, once the 90-days is over, so is the coverage.

(Photo: jetsetpress )

He writes:

OK, so here we go! On or about July 25th, I called Sprint to complete a simple ESN swap. And for those who might not be of the gifted mind to understand what that is, it's simply a Phone Swap...going from one phone to the other. Now keep in mind that I already own both phones.
A Motorola Razr-2 and a SANYO 8400.
That means that I previously purchased them, and have decided to swap between one and the other.

Now I am already expired as of May 1st, 2008.

So after deciding that the RAZR-2 was utter garbage that I could not stomach any longer, I called Sprint's NO Customer Service, and informed that rep that I'd like to perform an ESN swap. Now keep in mind that this unintelligent rep never asked if it was a new or already owned phone. Just said ok....and proceeded to ask for the information.

So...needless to say... I went from the Motorola RAZR-2 TO the Sanyo 8400, which Sprint no longer sells, so it's not a NEW phone!

Lo and behold, just a few days ago, I received a letter from Sprint in the mail that says: "Keeping you in the know"...you've recently made some changes...etc..yadda yadda yadda. And along with that, on the right side of the letter , I notice that My CONTRACT has been extended.

Now keep in mind, I am ALREADY EXPIRED AS OF: MAY 1, 2008! So, what this excellent, educated and "well-trained" Sprint rep did was, RENEW my agreement, without telling me, without asking pertinenet information to make a decision as to renew or NOT renew. Just went ahead and got themselves a nice fat commission that I'm sure Sprint won't do anything to reprimand her for!

Just keep them exployed and working tirelessly, renewing unknowing customers all the time to get themselves false commissions!

I've stuck with Sprint since 20000, defended them against all kinds of craziness and even gone thru it previously with their "well-trained"reps, and I still stayed, but this is the last and I MEAN THE LAST GAWD DAMN STRAW!

My Account Number is: XXXXXXX
My Phone Number is: XXX-XXX-XXXX

I have already been assigned a few different case numbers, of which I have yet to have ANY of them resolved. I am tired of waiting to speak with someone. As quick as it took to extend my contract is as quick as it should have taken for it to be rolled back, but of couse they never help, or the reps never know what the hell they are doing, except for: giving mis-information and extending contracts falsely!

I want this issue resolved and I want BOTH lines on my account to be without contract for this hassle. I want some type of compensation that clearly and truely says I am sorry, and not from someones mouth.

If not, then let me out without obligation, financial or otherwise and I'll take the business to a more Realiable CORPORATION who knows how to run a business, called Verizon, T-Mobile or AT&T!

And to think I canceled my AT&T line to bring that over to my Sprint account, just to take advantage of the old SERO offer.

The only problems with at&t WAS THAT THEIR PRICES WERE HIGH AS HELL. Other than that, they beat Sprint in terms of Customer Satisfaction every step of the way. TIP TO SPRINT: Get these ghetto, non-educated, can't read, add, or subtract, low life people out of your company!

Sprint shouldn't hesitate to dissolve the unilateral contract extension if you call the special hotline they created for Consumerist readers at: (703) 433-4401.

(Photo: The Consumerist)

When the city-wide Wi-Fi was shut down in Philadelphia (thanks again, Earthlink), I reluctantly switched to Verizon DSL. I had already had a bad experience with them before, which resulted in a cancelled landline. Amazingly, my DSL experience was good: the installation was simple, the service consistent, and the price reasonable.

However, this past week, I contacted Verizon about joining the One-Bill program. Initially, I did not ask to sign up, I merely asked if I was eligible, having only DSL and Verizon Wireless service. I was told yes, and, based on that answer, enrolled. That evening, I received an e-mail confirmation informing me there had been a change to my DSL service. I was now signed up for a faster, more expensive package. Note, at no point in my conversation was I informed that my DSL service was changed, nor did I ever give permission to change it.

Yesterday morning, I spent nearly two hears on the phone speaking to at least 8 eight different representatives of Verizon. Apparently, because my slower DSL service was not eligible for One-Bill, I was upgraded to a more expensive package without my knowledge. When I requested to be removed from One-Bill and to have my slower, less-expensive service restored, I was told that it may not be available any longer. When I informed the representative that this violated my one-year agreement, I was disconnected.

On the next call, I was informed that I could have my slower service back. However, I would have to pay the cancellation fee on the faster service and the activation fee on the slower service in order to do so. At this point, I asked to speak to a supervisor. The "floor supervisor" informed me that what her employee told me was incorrect (really!?), and that I could have my service restored. However, she needed to complete a request for the "Verizon Online" department. I was then placed on hold. While I was on hold, I contacted the CEO of the DSL division at Verizon, Dennis F. Strigl (after reading a post on Consumerist). The floor supervisor did speak with me again, but she informed me that the other department was not answering. She asked for a call-back number and pledged to call me back. She did call me back several hours later, but with no new information, merely stating that she was still waiting to speak with the DSL division. I did not hear from her the rest of the day, nor have I heard from her this morning.

An executive from Verizon, did contact me and asked me for more information regarding my situation. I have yet to hear of any resolution to my issue. Who knew a company could alter a contract and then charge you to reinstate it?

We think launching an EECB was a good idea in this case. A little TLC from someone who has some authority should take care of this situation for you, and they appear to be on the case, even if it's taking them awhile to sort it out.

For more information about launching your own EECB, click here.

Ely used the material from our posts and used it to break his ETF without fee. Now he gathers together all that information into easily-digested video format (he's also blogged it (posts 1, 2, 3).

This video talks about Verizon, but most of the tactics can be applied to every national cellphone carrier. Just lookup the relevant verbiage in your contract and replace it with what Ely quotes.

Video Tutorial: How to Get Out of Your Verizon Contract Without an Early Termination Fee [Crastinate]

He negotiated with the CSR and said he would switch to a pay-as-you-go plan and not switch to MCI if they waived his ETF. She down to sell him a smaller package. He remained silent. She tried the reduced package again. He repeated that he would switch if charged. Then she offered 50% off. He restated his position once more and stayed silent. She tried the smaller plan again. He said no. Then she offered him 75% off. So now he's free of annual contract and can switch to any other provider whenever he feels like.

Not a tactic that will make financial sense for everyone, but it might come in handy for some.

We are devastated with our discovery this morning of a swarm of Africanized killer bees in the 2007 Sandpiper 325RG 5th wheel that you have a deposit on. We have used multiple poisons in an attempt eradicate them. We have vacuumed up the bees that covered the floors, cabinets, and furniture. We tried to clean the traces of honey on the countertops and cabinet tops as completely as possible. This is one of the terrible acts of Mother Nature we have in Arizona. As best we can determine, the bees entered from the door that had been left opened yesterday morning. The interior of this trailer does have a strong chemical odor from the poison and is TOXIC. Our insurance regulations prohibit us from selling this 5th wheel at this time.

Due to these circumstances beyond our control, we are unable to proceed with the sale of this 2007 Sandpiper 325RG 5th wheel. This vehicle is unsafe for occupancy or use. We are therefore refunding your deposit at this time. We have attached several photos. Watch EBay for other close-outs we will be posting soon.

Pat examined the photos, but they are very small (we're posting them exactly as he sent them to us) so it's kind of hard to tell if they've been manipulated.

Pat writes,

The two cans of “TOXIC” chemicals pictured in the second picture are indoor household foggers manufactured by Hot Shot and Ortho. Both were designed to be used, and are safe, for indoor use.

Within a few minutes of receiving the e-mail, I received another from PayPal indicating that my deposit had been refunded by Nelson RV.

My attorney advised me that he felt all the elements were in place for a contract and that even if their story were true, it should be my decision as to whether I wanted to accept the trailer in that condition. If a product that has been offered for sale does not turn out to be as advertised, then the buyer can decide to not go through with the sale. He told me that if I wanted it, I should send them an E-mail explaining my position and see how they respond.

So Pat resubmitted his $250 deposit and sent Nelson RV the following email:

After discussions with my attorney today and reviewing material safety data sheets of both the Ortho and Hot Shot brand indoor foggers that you used, I have decided that I will still take the 5th wheel. Thank you for disclosing the unfortunate event.

I would like to send a local representative to your dealership to inspect the unit as my agent. I would also like to resubmit the necessary deposit as required in our contract.

Please call me to arrange a time for closing as I intend on traveling to Arizona to pick up the Sandpiper within the next week.

This seemed to push Nelson RV to the breaking point, because they dropped the killer bees story and have turned to a new tactic, saying Pat was mistaken and never bought a trailer from them, and in fact there is no trailer anymore, so quit bothering them.

I received a call from Jim Nelson. Jim said that he understood that I “think” I have bought a trailer from Nelson RV and that it was just EBay and Bee’s nonsense that I was talking to James Nelson about.[Editor: What?] But that he had the owner there, Angelita Nelson, and that he was going to put her on the phone.

Angelita got on the phone and said “You did not buy a trailer from us and to quit calling and e-mailing us.” I Responded that the trailer was offered to the highest bidder in an auction, and that I was the highest bidder. Therefore I believe we have a contract for the sale. Angelina replied forcefully, “There is no contract! And we don’t even have the trailer anymore.” I responded by saying, that is not what the e-mails I have from you say, and I hope you still have the trailer because we have a deal. She then said in a very angry tone, “We do not have a deal! And we will not allow you to swindle us out of $15,000.” At which point the phone went dead.

Pat sent one more email to the Nelsons—Jim, James, and Angelina—in which he tried to educate them on how eBay works, and urged them to seek legal counsel so that they'd understand their obligation to fulfill the contract. As of Thursday July 24th, they haven't responded and Pat hasn't received a refund on his second deposit.

The Nelsons have indicated to him that someone will get back to him today, July 25th. Unless, of course, Africanized killer bees infest their computer and render it unusable. Once killer honey gets all up in your motherboard, you can forget about it.

(Photos: Bee, aussiegall; RV, Beige Alert; Honey Bears, buskuit)

1. Can't have unlimited messaging bundle on your account within the past 3 months
2. Has to have been charged for text messages during the past 3 months

A materially adverse change of contract nullifies a contract. I don't see how you can enforce restrictions on a null contract.

If you want to cancel Tmobile without ETF, here's how. Read the comments on that story to learn tips from many readers who've successfully used our advice. And remember, victory goes to the tenacious.

(Photo: Getty)

One way to escape your contract is to call up your carrier and argue that they have made a materially adverse change to your service agreement. Most cellphone contracts contain a clause allowing customers to escape their contracts if a materially adverse change is made, usually in the form of a rate increase. Here's an example clause from a Verizon contract:

Your service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.

Below are some recent rate increases by the major providers. Some of these might have occurred far enough back that they are outside the window to call and complain, but we've also heard from readers who didn't get any notice, or who got late notice, thus keeping them within the required period to contest the change.
T-Mobile
We posted about this a couple weeks ago, but just to reiterate: T-Mobile is raising its text message rates on August 29th. That's a materially adverse change to your contract. Run while you can.
Verizon
Although Verizon likes to play dumb about what constitutes a materially adverse change to your contract, a Verizon fee increase was the impetus for this article: A reader writes in that he used Verizon's recent Federal Universal Service Charge increase to escape without an ETF. Here is Verizon's increase notification:

The Federal Universal Service Charge (FUSC) is a Verizon Wireless charge that is subject to change each calendar quarter based on contribution rates prescribed by the FCC. On July 1, the FUSC changed to 2.42 percent of assessable wireless charges, other than separately billed interstate and international long distance charges. The FUSC on these charges changed to 11.4 percent.

Sprint Nextel
There are conflicting reports that, as of July 13, Sprint will be eliminating its SERO plan altogether, or making existing customers switch to unlimited data "everything" plans, or just forcing that on new PDA customers. Barring that, a text message increase probably isn't too far away.
Other Techniques
We offered advice on escaping your contract last year when the iPhone first came out. Besides complaining about materially adverse changes, you can sell your contract, complain that service is substandard, move to an area out of your network, join the military, or die.

PREVIOUSLY: 6 Ways to Cancel Any Cellphone So You Can Get an iPhone
"Material Adverse" Clauses in Cell Phone Contracts [United Consumer Action Network]
(Photo: Getty)

As far as the other policies go: AT&T and Verizon have similar pro-rating plans, (for each month that goes by they deduct $5 from the ETF) but Verizon starts discounting earlier than AT&T, according to Consumer Reports.

When you look at 1 year contracts, T-Mobile's plan looks a lot better. Their discounts beat both AT&T and Verizon after 6 months. Also, if you cancel T-Mobile in the final month of either a 2 year or a 1 year contract, you'll have to pay either $50 or your monthly fee — whichever is less.

Something to watch out for: T-Mobile's trial period is only 20 days, while AT&T and Verizon both give you 30 days.

T-Mobile announces pro-rating of termination fees [Consumer Reports]