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 )

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]

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]

Nicholas writes:

My wife and I have been Cingular/ AT&T customers for many years now. I am in the Marine Corps and therefore travel is normal. Back around 2005, my wife and I purchased Motorola Razors while I was stationed in Florida. Great phones at the time, but with time they break. In 2006, I moved to Camp Lejeune, N.C. and was told I was deploying for Iraq in March of 2007 for 7 months. I called customer service and told them of my orders to Iraq and that I wanted to suspend my account until I return to the U.S.

They required me to fax a copy of my orders to complete the process, which I did, and confirmed by a phone representative that everything was good and that when I returned from Iraq that my number will be intact and ready for use once I called and reactivated it. Around my 6 month mark in Iraq; my wife mailed my cell phone to me so I could use it to call her and my family once I arrived on U.S. soil to catch up on much lost time. In October 2007, I redeployed back to the U.S. and once I had the chance, I turned my phone on and AT&T attempted to contact my wife to let her know that I was very close to being able to finally hug her and meet my new daughter.

Unfortunately this wasn't possible since I had no service. After much troubleshooting, I finally borrowed a friends phone and called my wife and got to finally talk to her and let her know that I was coming home really soon at someone else’s expense since I was borrowing their phone. My wife informed me that she attempted to reactivate my phone but that AT&T/Cingular dropped my line and it was no longer in use. I told her not to worry about it and that I would take care of it once I got to our home. Once I arrived home and got finished catching up with my wife and meeting my new daughter, I finally had a few moments to find out what happen to my number.

I talked to a phone rep and personally went to the AT&T/Cingular store to discuss the matter and got the same response from both: They dropped my line and the number was in recycling and that there was no way possible for me to ever get the number back. Everyone knows that this is a big pain in the butt since I had that number for many years and all my family, friends and other acquaintances’ knew that number. So I begged and begged but it got me nothing. I finally agreed to a new phone number. I had to renew to a new 2yr contact on our family plan. Note that I only got a phone number and not a phone upgrade, therefore the Motorola Razor I have is still from 2005.

Around 2 weeks ago my phone started acting up badly. Now it has acted up in the past but only for moments here and there. But this time it was not functional. Every time I attempted to place a call, send a message or answer a call, the numbers 3 and 4 automatically dialed and dialed and dialed and dialed and dialed. I couldn't make or answer any calls. I figured I had the phone for a long time, and it was about time for an upgrade. A buddy told me about AT&T premier and that the military gets discounts on phones. So I looked into the deal and found it was true. I searched for my new upgrade and found a beautiful refurbished Samsung Blackjack II for only $49.99. Wow! What a deal, right??? I was truly excited just like everyone gets with a new purchase of anything. I couldn't wait to get my hands on the phone and start playing with the new features and upgrades. So I stared to process my order, but it was denied and said I was available for a upgrade until June 2009.

I knew this was a sure mistake since I had the phone since 2005. So I called the customer support and began one heck of a journey with no outcome. Before I go any farther, I must say that all the representatives I talked to remained very professional and never lost their patience with me even though I really did towards the end except one representative whom you will here about. Ok, so I call about two weeks ago and explain the whole above situation. The lady on the phone seems very understanding and attempts to do something while I sit on hold. After minutes the only thing she can do is put a ticket in and have the upgrade reversed so it would state I was available for an upgrade and that she would call in 48 to 72 hrs to update me on the situation. I agree. About a week later I get a call saying that nothing has happened yet and the ticket is still processing. A few more days go by and nothing. So I become very impatient and call customer service and explain everything again for a second time.

After about 1:15 minutes on the phone, the only resolution I get is a force upgrade but I had to purchase the phone right there over the phone. So for the phone I wanted it would've cost me roughly over $200 vice $49.99 on the AT&T premier website. I told the rep that this is unsatisfactory and that I want the deal that I deserve to get. I explained that it was AT&T that screwed everything up by removing my original phone number and that they are accountable and responsible to fix the solution so I can get the same options as any other customer. The rep told me he couldn't do anything else. So I asked for a manager or supervisor. Finally I got on the phone with "Don."

I explained my story for a third time and got the same result. Nothing!!! About this time, I had run out of patience and niceness. So I let this supervisor know my frustrations and that I wanted this issue resolved like yesterday. After much debate, he committed to call me today at 1:00pm central time. I gave him my work phone number since I don't have a functional cell phone to answer. I let him know that I will be waiting at the time he gave me and that I couldn't wait around longer than a 1/2 hour since I was working. Well 1:00 rolled around and the phone hadn't rang. 1:30 rolled around and nothing. I left and did some things to finish up for the day. I got back to my office around 2:10 and no messages from this gentleman. So I called customer service again and gave my story for the fourth time. The lady I spoke with was very helpful and very nice as she tried to rectify my situation. But she couldn't do nothing but submit another ticket which would take more unwanted time. She said I would get a call around May 13th with an update.

I told her that this was unsatisfactory, bad service and bad business. She went on to apologize for some other reps mistakes. At the same time I was speaking with this lady, Don called me on my other work number. I told the lady that the rep finally had called me and we ended our call. Don went on to apologize for his tardiness and that he had to take care of another customer that had called after me the night before and it was urgent. URGENT??? So what is my situation, I'm thinking now. This guy or company couldn't give a care about me or my loyal services. For the past at least 7 years I have paid every bill on time and advertised too many friends and family on how great their service was. Anyway, he proceeded to tell me that there was nothing he could do but to let the trouble ticket run its course and that by Monday I should hear something better.

I explained once again that this treatment was unsatisfactory and very rude and that I couldn't believe that AT&T couldn't rectify my situation in a timely manner. I explained that I couldn't even believe that AT&T wouldn't just give me the upgrade over the phone with the AT&T premier price or even lower for all the unnecessary bull had to deal with. He said he was sorry and asked if there was anything else he could do for me. I laughed at him and told him that he didn't do anything in the first place and that I wanted out of my contract from AT&T due to their negligence. But he told me I couldn't get out of the contract. So that brings me to now and writing this thread. I ask for help from the community on my situation and how do I get this issue fixed and my contract ended so I can get with a provider that is for the customer and the needs of the customer.
The supposed ticket that AT&T customer service submitted originally was supposed to be processed by 10:00 on Saturday 10 May. Well Saturday rolled around, then Sunday and now Monday. And nothing has come from the situation. It still remains unanswered and without resolution. And I still sit here with a non-functional phone while I pay for the service and the inability to call or take calls from people. Thanks AT&T.

AT&T shouldn't have forced to you to sign a new 2 year contract in order to correct their mistake, but you already know that. Unfortunately, you are probably stuck with the contract unless you're willing to pay the ETF to get out of it.

We suggest that the best thing to do would be to launch an EECB (executive email carpet bomb) at AT&T in the hopes of catching the attention of someone at AT&T who has the power to get you the upgrade you deserve. Here's come contact information for you. Go get 'em. For more information about launching an EECB, click here.

My daughter's AT&T phone went bust yesterday. We went to the AT&T store in Palo Alto, CA to either fix it or get a new one. Apparently the only option open to us (according to the sales rep) without either canceling her plan for $175 or extending her plan another 2 years was to buy a "GoPhone".

However, even though we just needed to swap the sim card from the old phone to the new phone we would still need to pay the $25 "Activation Fee".

Either the information we received was inaccurate or AT&T is again playing monopoly. But it really doesn't matter. I still smell a rat and I'm glad I personally made the switch to Verizon.

Your other option is to bypass AT&T and buy your daughter an unlocked phone—I can move my SIM to any network-compatible phone I like as often as I like, and AT&T is cut out of the loop. Of course, freedom like that comes with a price, and it'll probably be more than the price of a GoPhone and a $25 activation fee—but AT&T won't be able to tell you what to do with your phone anymore.

(Thanks to Dave!)

I really missed the DVR functionality so I called 3 days later and asked DirecTV if I could change back and return the receiver to Best Buy. I was told that by activating the receiver I had agreed to a new 2 year commitment (even-though it isn't on the box, in the manuals, on the receipt or clear in the TOS on the website) I had already committed and used up my commitment to an HD plan for my primary TV and DirecTV box. I was gobsmacked, and was told that if I canceled I had to return my boxes and pay $480 as a cancellation fee. When I signed up it was a 1 year commitment and $12.50 per month to cancel.

The kicker is that I just got notice that all the prices will be going up, so I canceled HBO because it is going up from 13 to 14 a month. DirecTV has now charged me $10 to cancel HBO!

I've emailed the BBB, and Chase Carey, to no avail. Does the mighty Consumerist have any ideas as to how I can deal with DirecTV?

In your best professional business-guy voice, call Mr. Carey's office and calmly explain the issue. You've been a happy customer for 8 years, you should be able to get someone to fix this.

Any other ideas for Daniel?

(Photo:cmorran123)

Okay so I read the script from last years price hike on messaging rates, to get out of your contract scot-free. I thought I read some where else that they were going up again to 0.20. So I called Verizon and ran the script on them. No one in cancellations had heard about it. I called the general customer service line. Of course the csr didn't know anything and wanted me to pay the ETF's. So I went to her supervisor. His name was Aundra (pronounced Andre), employee # 7817 out of the Birmingham office.

He had just received a memo about the price increase and had not read it or been educated yet. I fought him for about 15 minutes finally he said he would look into it and call be back, but he did not think the increase applied to current contracts. Yeah right I thought, he'll never call back. Guess what I just got off the phone with him and out of my contract for free!!! HA!! I guess Verizon didn't learn their lesson last year.

Oh Verizon, they're dropping like flies. If you'd like to escape your Verizon contract with no ETF, give them a call and let them know you're exorcising your right to terminate the contract without penalty thanks to a materially adverse change in the agreement.

That'll show 'em.

PREVIOUSLY: Man Escapes Verizon Contract Based On Text Message Rate Raises
Cancel Verizon Without Termination Fee Based On New Text Message Rate Increases
(Photo:cmorran123)

AT&T confirmed that 2 year contracts are not required for the SIM-only option, though in some cases certain promotional rate plans do require a contractual obligation:

..let me be very clear in saying that in most cases you don't need a two-year contract. If you wanted a rate plan that is a special promotion, then we might ask you to sign a two-year contract, says William Marks, a PR rep in AT&T's wireless division.

The online offer went live last Friday as a way to make sure customers are aware of all the options we give them, including bringing their own device. We took a look at the way the offer was written, and felt it needed to be even clearer that you don't need a contract if you bring your compatible device and want a SIM and service from us. We have removed the offer temporarily from att.com while we make the necessary revisions.

(Photo:Todd Kravos)

...just wanted you to know that I am one of the many people who can't seem to get T-Mobile service even though I live in New York City, a major market. All my calls to the regular customer service line got me no where and they did the standard runaround: $5 credit, work with their tech team to isolate the problem, etc. I read a user comment on one of the many T-Mobile threads on the Consumerist which said to file a complaint with the FCC and, by doing so, T-Mobile will have to address the problem and report back to the FCC a resolution. So I did. (There's an online form so it's easy.)

About a month later I got a call from one of T-Mobile's Executive Customer Service Representatives. I was ready to argue, I'm pretty tired of the whole situation and deal with them, but he was very pleasant and got me out of the contract without an ETF without much complaint.

Just wanted to thank you for all your help! I probably would've eaten the fee if it wasn't for your site!

(Photo:cmorran123)

My name is Marianne Maestas and I am with the Executive Customer Relations department of T-Mobile. I am contacting you on behalf of Mr. Robert Dotson in regards to the email that you sent him yesterday evening.

In your email, you express concerns, as you are not able to use your service for Twitter. As you have been advised, Twitter is not an authorized third-party service provider, and therefore you are not able to utilize service from this provide any longer. You indicate your feeling that this is a violation of the Net Neutrality.

T-Mobile would like to bring to your attention that the Terms and Conditions of service, to which you agreed at activation, indicate "... some Services are not available on third-party networks or while roaming. We may impose credit, usage, or other limits to Service, cancel or suspend Service, or block certain types of calls, messages, or sessions (such as international, 900, or 976 calls) at our discretion." Therefore, T-Mobile is not in violation of any agreement by not providing service to Twitter. T-Mobile regrets any inconvenience, however please note that if you remain under contract and choose to cancel service, you will be responsible for the $200 early termination fee that would be assessed to the account at cancellation.

The arguments are relevant to the issue at hand, because text messaging is not the Internet. Until your communication hits the TPC/IP layer, it's subject to all the corporate crap that phone messages are. The phone companies are more balkanized than you realize, clearly. Specifically, phone service providers are allowed to block any short code they want. Read the policies for using a short code to provide service.
http://www.usshortcodes.com/csc_obtainPol.html
T-Mobile already has the contractual right to pick and choose which short codes it supports.

"Net Neutrality outrage: reports of T-Mobile blocking Twitter" [ZDNet]
"Twitter, Tweeters, And T-Mobile: Everyone Loses" [Silicon Alley Insider]
"T-Mobile Attacks Net Neutrality Unnecessarily: Twitter Problem Not Its Fault" [Wired]

We should have known better. We were leaving Sprint because of their shenanigans.

We kept getting bills for a $150 cancellation fee. Each time I called, the person told me that this was a bogus fee. and that it would be removed.

We got bill after bill with added charges. I kept calling and kept being told that it would be removed.

Then we got a notice that our bill was being sent to a collections agency. I called again. In two hours, the woman on the other line said, it would be removed and I wouldn't have to worry about it.

Today I got a bill from a collection agency. I called Sprint again. Today he tells me that there was a $50 rebate for a phone upgrade that we don't remember from 2006. And that all those people who told me I wouldn't have to pay $150 were wrong and if I COME BACK TO SPRINT I wouldn't have to pay!

Who should I talk to, how do I get away from the madness?

Thanks,
Dunia

The first thing we suggest is the Consumerist hotline that Sprint set up just for our readers,(703-433-4401). We've heard that it works pretty well.

If that doesn't work, it's time to launch the EECB. Our "Ultimate Guide To Fighting Back" has links to lots of Sprint contact information posts. You're just asking them to leave you alone, so the issue should be easy to escalate.

If you're feeling saucy, you can also begin complaining to your state's Attorney General, Public Utilities Commission, and the BBB.

Maybe, if you're lucky, you live in Minnesota where the Attorney General is seriously pissed at Sprint. We also recommend keeping an eye on your credit report so you can dispute anything Sprint sticks you with. Good luck!

UPDATE: Dunia writes,

Called the sprint consumerist hotline.

A very calm human answered, looked at the account and fixed it. You guys totally rule.

(Photo:Sam Wilkinson)

Your patootie is not safe in Minnesota!

They want to kick it, according to Kare11:

"I'm livid on the way they've handled this," says Dave Peterson, one of several Sprint Nextel customers who addressed reporters Thursday at a capitol news conference. "I'd like to give their CEO a big kick right in the patootie."

"When you receive complaints across the board, from firefighters to lawyers, from retirees to construction workers, all of whom feel they were unfairly manipulated by their cell phone company, you have a problem," Swanson said.

The AG's decision was prompted in part by the fact that the BBB says it has received over 30,000 complaints against Sprint Nextel in the 36 months leading up to this July.

"In a normal transaction, you have two parties coming together and making an agreement about a purchase. For these consumers, there was no real meeting of the minds. Rather, the company has tricked consumers into unknowingly extending their contract simply because they made a basic change to their plan," Swanson said.

The state is alleging that Sprint "violated Minnesota's Consumer Fraud Act and Deceptive Trade Practices Act" and "seeks to enjoin the company from further violations of the Acts. The suit also seeks civil penalties and restitution for Minnesota consumers injured by the company's practices."

Oh no, Sprint. Minnesota is on to your wicked ways and they are having none of it.

Attorney General Swanson Files Lawsuit Against Sprint Nextel [Minnesota AG]
Attorney General sues Sprint Nextel over consumer complaints [KARE11] (Thanks, David!)

"Our records indicate that over the past year, we have received frequent calls from you regarding your billing or other general account information. While we have worked to resolve your issues and questions to the best of our ability, the number of inquiries you have made to us during this time has led us to determine that we are unable to meet your current wireless needs..."

I have called them alot over the past year, but those calls were to have them fix their errors. I've always been polite to their employees (whether it be over the phone or in a Sprint store). I've never missed a payment and have always paid my bill early. I've never asked them for discounts or freebies.

This is ridiculous. They terminate me because I call customer service too much? I call customer service to have them fix THEIR errors.

Michael writes:

Hi. I and a number of others have recently received letters from Sprint that our service is being terminated because we call Sprint's customer service too much.

I've only been a Sprint customer since December 2005. I joined on the $30 SERO plan. This was around the time the SERO plans first became available and they still included unlimited text messaging. Since then, I've called numerous times because I keep being charged $10.00 for the unlimited text messages. Every month I call and every month they only credit my account $8.00. This happens every month. This past month I had also been having problems with my Samsung IP-830W. I did go to my local repair center to deal with that, but they stuck me with a refurbished Treo 700P with non-functioning space-bar and menu key. I've been calling customer service pretty much every day for the past month trying to get this fixed too (getting an equivalent replacement). I purchased this IP-830W full price (~$699) back in March of this year. I've spoken with numerous customer service supervisors about this and they've offered me a blue Treo 755P. They told me they would put a temporary credit on my account for the same price as the blue Treo 755P and then send me a return kit for this defective Treo 700P the repair center left me with. The temporary credit is on my account, but no one has been able to order this blue Treo 755P. I also have not received the return kit.

Yesterday, I received a letter from Sprint that says they're terminating service to me. Their reason:

"Our records indicate that over the past year, we have received frequent calls from you regarding your billing or other general account information. While we have worked to resolve your issues and questions to the best of our ability, the number of inquiries you have made to us during this time has led us to determine that we are unable to meet your current wireless needs..."

I have called them a lot over the past year, but those calls were to have them fix their errors. I've always been polite to their employees (whether it be over the phone or in a Sprint store). I've never missed a payment and have always paid my bill early. I've never asked them for discounts or freebies.

This is ridiculous. They terminate me because I call customer service too much? I call customer service to have them fix THEIR errors.

Sprint writes:

Michael, if you (and anyone else who is having this problem ) do want to stay with Sprint and get this resolved, you might want to try the Consumerist hotline: (703-433-4401). Let us know how it goes.

Reader L. writes:

I love Consumerist. If it were a woman, it would be really large with multiple personalities, but I'd date it all the same.

Seriously, I got a contract from Comcast stating that if I don't sign and send it back within 30 days of my service being set up then they'd bill me for everything at current market prices. It gets better though. They also state that if I make any changes to my account then I may be penalized with a $150 early termination fee. The only problem was that I set up service on 4/04; the letter they sent to me was dated 4/23 and I didn't get it in the mail until 5/05. Before I even had the contract I was already in violation of it, if I were to sign it.

To give you some background, I signed up for their famous "Triple Play" and when I did so the person setting up the order said he could give me the price for 2 years instead of one. It made no matter to me because I only signed up because Verizon takes a while to set service up and I need something quickly to get online. Sure I know that customers like me are what Comcast would like to discourage but all their marketing says that it's 12 months, no contract and then you get the old bait-and-switch and a scary letter sent to you.

Needless to say that I have a very lengthy conversation with Comcast and had my account changed from 24 to 12 months so I don't have to think twice about them getting creative with my billing. Please feel free to share my story as I'm sure other Comcast or potential Comcast customers should be aware.

allow the state's 8.5 million wireless customers to cancel their contracts without paying early termination fees if a phone must be replaced or repaired at least three times within a contract period.

Consumers would also have the option to upgrade or downgrade phones without extending their service agreements, and companies would have to provide customers with a written statement informing them of their rights. Damage caused by consumers would not be covered.

"This provides a road map for customers to get out of their contracts if all they do is complain aggressively enough," said Mike McDermott, executive director of state public policy for Verizon. "Why not let cable subscribers cancel their contracts if they have bad reception three times in a row? It's a treacherous path."

Cell-phone lemon law sought by legislator [Chicago Tribune] (Thanks, Scott!)
(Photo: stirwise)

Bobby Henson, director of media relations for Verizon, told Consumers Union that the company charges the fee to "regain what we have been giving the customer for free."

• Comcast: No Fee
• Time Warner Cable: No Fee
• AT&T: $99
• Verizon: $69 FiOS, $79 DSL
• Qwest: $200
• Earthlink:$149

Dumping ISP may cost customers $150 [Boston Globe] (Thanks, j!)
(Photo: Maulleigh)

Cingular Wireless will refund $18.5 million to thousands of former California customers who were penalized for canceling their mobile phone service because they had trouble making and receiving calls.

The settlement announced Thursday with the California Public Utilities Commission ends a lengthy battle revolving around Cingular's treatment of dissatisfied subscribers from January 2000 through April 2002.

About 115,000 customers who left Cingular during that time will receive average refund checks of $160 to cover the fees that they were charged for prematurely ending their contracts. The refunds include interest.

Cingular Wireless to refund $18.5 million to unhappy California customers [Daily Report]
(Photo: Paul!!!)

"Planned Parenthood Wireless is a new choice for your cell phone service. By signing up for this service, you will help preserve reproductive rights, and ensure access to comprehensive family planning and medically accurate sex education for women and families around the world. You'll do something you do every day - talk on your cell phone - and you'll be helping Planned Parenthood as 10% of all monthly charges goes to Planned Parenthood Federation of America, at no extra cost to you."

This is the latest in a series of conscious-consumer products, where the consumer makes a commercial choice knowing the decision supports a specific value or policy. Planned Parenthood Wireless is similar to drinking Fair Trade coffee, wearing sweatshop-free clothing, or following the precepts socially responsible investing. — CAREY GREENBERG-BERGER

Planned Parenthood Wireless [via Freakonomics Blog] (Thanks to Annitra!)

International Text Messages do not appear to be covered under the messaging packages:

PREVIOUSLY:Verizon Makes Canceling Over Their Txt Msg Hike Impossible
Break Your Verizon Contract Without Fee, Thanks to TXT Msg Raise
Verizon: 34 Txt Msgs = Material Adverse Effect

From Andrew's email:

Andrew writes:

PREVIOUSLY: Verizon Makes Canceling Over Their Txt Msg Hike Impossible

Break Your Verizon Contract Without Fee, Thanks to TXT Msg Raise

Details inside.

From Verizon's website:

Verizon Legal Notice of Text Messaging Increase

RELATED: Verizon CEO's Contact Info
Break Your Cingular Contract Without Fee, Thanks 2 Txt Msg $ Raise

They just won't let him.

Even after he tried everything in, "Break Your Cingular Contract Without Fee, Thanks 2 Txt Msg $ Raise."

Read his story inside...

Corey writes:

"Given the information contained in their TOS and the CTIA Consumer Code, I called Cingular Customer Service to terminate my contract agreement without being subject to the ETF. The representative I spoke with insisted that text messaging WAS NOT something I subscribed to, that it was a feature of my service and that I could not avoid the ETF. She also used this as an opportunity to sell me an upgrade for a text messaging package that I do not want or need.

I asked the representative if someone could use Cingular text messaging without being a Cingular subscriber and she stated that they could not. So I asked if Text messaging wasn't something I subscribed to, why is it that only Cingular Subscribers are able to use it? She had no legitimate answer for me.

Based on her logic, Cingular Text messaging is one of the numerous services I currently subscribe to as a Cingular customer.

I then inquired if she was familiar with the CTIA Consumer Code and I offered to read #7 to her, but she was not interested. After talking in circles with her for approximately 10 minutes, I got extremely frustrated and hung up the phone. She was clearly reading from a script regarding this matter; I can only assume Cingular is getting many calls regarding the price increase.

I question if this is price increase is a well timed opportunity to increase revenue as the upcoming season of "American Idol" begins in a few weeks. Certainly this is a price increase that not many people will probably notice being mentioned on their bills. For those customers that do notice, it is a chance to up sell them into a text messaging package that they probably don't need.

This text messaging 50% price increase is exorbitant (how can a few bytes of text cost so much in comparison to what Cingular charges for voice minutes & for data?) to say the least and clearly changes the Terms of Service that I agreed to. Given the language of your TOS and the CTIA Consumer Code, I don't see how your company representative can deny that there is a clear and distinct price change to my subscription.

Cingular calls text messaging a service in their own "Cingular Nation GSM" plan terms and conditions:

http://www.cingular.com/cell-phone-service/legal/plan-terms.jsp

The terms for text messaging are listed under "Wireless Data Service Terms and Conditions" in Section II.
"ADDITIONAL TERMS FOR SPECIFIC DATA SERVICES Text, Instant Messaging and Multimedia Messaging"

This experience has completely changed my opinion of Cingular and makes me wonder what other price increases Cingular customers can expect in the future.

Will I soon be charged $5.00 every time I want to access my voice mail?

Will I be suddenly charged for long distance calls?

These are also considered features by Cingular.

Simply put, Cingular cannot increase rates anytime they want without allowing consumers the option to decline the increase. They have changed the terms of the contract that me and millions of customers have agreed to and they should not be able to get away with this.

Many have been able to get out of their contracts, but not me."

Corey then tried again. He wrote,

"This time they claimed that they can change the price of any feature at anytime and the wording is in the terms & conditions."

Try calling back and trying your attack again. If they're reluctant, try escalating to a supervisor. Keep driving your points home, even if you repeat them several times. Dealing with these people is like an extremely frustrating video game, sometimes you gotta just keep hacking away.

Now we ask, did you ask them to point to the part of the T&C that says this?

UPDATE: To this, Corey says:

"They told me to go here: http://www.cingular.com/cell-phone-service/legal/plan-terms.jsp

They claimed that the passage located under the main heading of "Wireless Data Service Terms and Conditions"

then subheading "I. General Terms & Conditions Applicable To Cingular Data Services..."

then about 75% of the way towards the bottom of that section there is in bold font "Changes to the terms and conditions:"

It reads "These terms and conditions may be changed from time-to-time."

Then it refers you to www.cingular.com/medianet for the latest changes to the t & c. There is no such price increase notice there and when I pointed this out to the supervisor I was speaking to, she said that is because the change doesn't take effect until 1/27. Total bullshit.

The section of the T&C they referred me to is the same one I mentioned to you earlier where it refers to text messaging as a "service", not a "feature".

The Cingular Terms of Service, as you quoted on your blog, state that if they changes the price of services you can exit your contract without a ETF.

They keep calling text messaging a "feature" and not something I subscribe to but I picked up Cingular's rate plan brochure in their store today and the rate plan has "included features": text messaging at $.10 along with all the usual stuff like nationwide long distance, caller ID, voicemail, etc.

So basically according to my experiences on the phone, there is nothing stopping them from suddenly charging whatever they want for voicemail access or for caller ID. They have basically told me that I my contract only covers the amount of minutes I agreed to at the price I agreed to."

You're right Corey, this is bullshit. Yes, they MAY change the terms of service, but then you MAY also exit the contract without fee. The former doesn't preclude the latter.

We don't know what else to say except to call back and if they try this tact on you, tell them they're wrong and insist, insist, on being let out of contract without fee.

Eye of the tiger!

— BEN POPKEN

RELATED:
We Interview Cingular About Cancelling Over Text Message Plans
What Cingular Tells Customers Canceling Over Text Message Rates
Break Your Cingular Contract Without Fee, Thanks 2 Txt Msg $ Raise

Verizon and Sprint raised their text message rates earlier this year and customers were able to escape. Cingular seems to have learned from the other company's "mistakes" and has drilled its reps to tow a tougher line.

To beat them, you will need your warrior gaze, and this piece of contract, inside...

RELATED:
We Interview Cingular About Cancelling Over Text Message Plans
What Cingular Tells Customers Canceling Over Text Message Rates
Cingular Foils Reader's Attempt To Break Contract

From Cingular's Terms of Service:

"IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE... YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE... PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE."

The text message rate change is effective Jan 21, 2007. You have 30 days from then to break the contract. The change affects all postpaid and Pick-Your-Plan customers not currently subscribed to an SMS package.

HowardForums and FatWallet have extensive threads devoted to the subject.

Several of their members report success in escaping the contract without early termination fee. Read their posts and learn more strategies.

Incidentally, Cingular touts on its website that it was the first wireless provider to earn the Cellular Telecommunications & Internet Association (CTIA) "Seal of Wireless Quality". Part 7 of the CTIA Consumer Code for Wireless Service states:

"7. Provide customers the right to terminate service for changes to contract terms. Carriers will not modify the material terms of their subscribers' contracts in a manner that is materially adverse to subscribers without providing a reasonable advance notice of a proposed modification and allowing subscribers a time period of not less than 14 days to cancel their contracts with no early termination fee (ETF)."

Be strong. Insist on the cancellation. State your demands and reasoning clearly and upfront. Ask for a supervisor. Escalate. Don't get off the phone. If they say, let me call you back, say, no thanks, I'll hold. When they argue with you, simply restate your demand and reason. Repeat as many times as necessary.

— BEN POPKEN

Purchase your cellphone and plan over the phone and inform them you don't have a Social Security number.

Apparently, this grants you the power of a better credit rating, and... no early termination fee if you cancel.

Our reader did this with Sprint, at the customer service reps's prompting, and his letter is inside. — BEN POPKEN

"I was recently looking for a wireless connection card.. I tried a few places ,and shopped around ,and found some pretty good deals..Being a sprint pcs customer, I decided to go down and see if they would add a wireless card to my plan.. Well of course I was denied ( the great perks of being a long time sprint customer, and I am forbidden to pay by credit card, and I cannot add a new line of service)

Just as I was about to give up, the sprint rep said there was another way he could get me the service, but that he would have to enter my information without a ss number ( in his terms, I would have to be considered an immigrant..) I said ok lets try it like that , and sure enough I was approved , with an even better credit rating then I originally had with sprint. Its so sad that these companies will cater to "immigrants" more then they will cater to their loyal customers.. He mentioned some of the perks , like if I was to cancel early, I wouldn't have to pay termination fees , because being an immigrant, they had no tracking of my ss number."

TDMA is an older system of carrying cellphone signals. Most countries, except the US, use GSM. TDMA phones will not work the new GSM network Cingular is pushing.

If you live in Toledo and your service goes off today, you can call customer service and they will turn it back on temporarily.

After November 13th, however, Cingular will shut off TDMA phone service for Toledo completely.

Undoubtedly, Toledo's shutoff will prove a testing ground for other cities.

How current customers can protect themselves, or use this to Cancel Cingular, inside...

From our tipster:

James tried to cancel Sprint over the text message rate change. The rep told him no. The rep said there's no more contract cancellations, as Sprint is returning the text message fees back to 10 cents from 15. James got the rep's ID and hung up.

A few days later, when James called back and supplied the rep's ID, Sprint told him there was no so person.

We just called Sprint and inquired about their per message text message rates. The rate remains at 15 cents.

Reminder, you only have 4 days left to cancel your contract due to the change in their Terms of Service. If you don't want to wait at all, calling 1-888-567-5528 will connect you directly to a live operator.

Related: Defeat Sprint's Rate Hike Cancellation Lies

• Suck a lemon. Due to local lemon laws (which vary by area, so check first), switch to using a phone with known problems. Complain 3 times and poof! You have the legal basis for contract cancellation.
• Check the TOS. Keep a watch on any piece of correspondence for changes to the Terms of Service. If the cellphone company ever changes them, it voids the previous contract and you have 30 days to cancel.

More at Wiki-How.

The other ways?

Join the army.
"Move" to Cambodia.
Over-use roaming.
Sell your plan to a stranger.
Cut back your plan.
"Die."