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

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

Tricky…

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Joseph writes:

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

Very disturbing because the TOS says:

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

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

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

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

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

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

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

The supervisor rep is Sean C Employee Number #3828459.

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

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

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

— BEN POPKEN

(Photo: swruler9284)

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