Related
I was able to cancel my contract for the View I purchased in July with no ETF
Courtesy of SlickDeals.net:
Cancel your Sprint contract with no ETF (9/9/11-10/9/11) **Live now**
Sprint had stated that they are increasing their administrative fee to $1.50/line. This is considered a change in the terms of service and will allow you 30 days from the date it's put into effect to cancel your contract without penalty.
This notice should be on your latest bill...
Administrative Charge Increase &Terms & Conditions Changes for Consumers
Effective 9/9/11, the Administrative Chargewill increase to $1.50 per line for customersthat receive the charge. For details, visitsprint.com/taxesandfees. In addition, theSprint consumer Terms (Ts&Cs) are changing. Please review them carefully at your local Sprint store or sprint.com/termsandconditions
Click to expand...
Click to collapse
And per their terms and conditions.....
When You Don't Have To Pay An Early Termination Fee
You aren't responsible for paying an Early Termination Fee when terminating Services: (a) provided on a month-to-month basis; (b) consistent with our published trial period return policy; or (c) in response to a materially adverse change we make to the Agreement as described directly below.
Our Right To Change The Agreement & Your Related Rights
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of material changes—and may provide you notice of non-material changes—in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.
Click to expand...
Click to collapse
There have been times where people have called in to cancel and have been given the run around from uninformed Sprint reps. Ask to speak to someone in retentions....RETENTIONS ARE THE ONES WHO MAKE IT HAPPEN!!! After all it's their job to keep you.
Good luck!
Could I get a view with contract then call retentions and cancel it with this?
In the past, when other carriers raised their administrative fees, the carriers just opted to waive the fee for the duration of the contract. Sprint's customer agreement actually says this: "Sprint Surcharges are not taxes or gov't-required charges and are subject to change."
Since you agreed to that, then the material change clause in the contract doesn't apply here.
If anyone does try this, please let us know. I'd love to cancel my crappy Sprint service and get an LTE tablet on Verizon.
Wanna sell me your View then?
TomXP411 said:
In the past, when other carriers raised their administrative fees, the carriers just opted to waive the fee for the duration of the contract. Sprint's customer agreement actually says this: "Sprint Surcharges are not taxes or gov't-required charges and are subject to change."
Since you agreed to that, then the material change clause in the contract doesn't apply here.
If anyone does try this, please let us know. I'd love to cancel my crappy Sprint service and get an LTE tablet on Verizon.
Click to expand...
Click to collapse
It worked for me, I told them exactly what is written above. I bought my tablet in July. They are changing the terms and conditions too.
One T&C change is that in addition to modifying your device, they now specificly ban rooting.
Sent from my PG41200 using Tapatalk
There's also a mandatory arbitration clause to prevent potential class-action lawsuits, along with a few other bits of legal.
Zan, where did you see the root policy in the new T&Cs? I'm reading it over on the web and I'm not finding that section.
stringsci said:
There's also a mandatory arbitration clause to prevent potential class-action lawsuits, along with a few other bits of legal.
Zan, where did you see the root policy in the new T&Cs? I'm reading it over on the web and I'm not finding that section.
Click to expand...
Click to collapse
"Our Right To Suspend Or Terminate Services", section (i). They added the words "; (for example, rooting the device);"
So it now reads, "(i) modifying a Device from its manufacturer specifications; (for example, rooting the device); " (before it stopped at specifications)
I tried cancelling based on that reason today, the supervisor told me that there was NOTHING they would let you cancel for in the new contract. That of COURSE they would never boot ME for that reason, and that if they did, it'd be ETF free. Except that a few paragraphs above it says that if they boot you for "good reason", you'd be charged the fee. Since they felt that rooting was enough of an issue to add it to the contract, seems that'd be a good reason. He also said that since the possible ETF didn't CURRENTLY affect me, it didn't count. After almost 2 hours he finally wore me down to the point that I just gave up. I'll try again tomorrow.
Funny thing is...I wanted to cancel JUST the service for the View, and just use it with a TMobile portable hotspot. Monthly fee would be about the same, and the TMobile device (so far) seems to get 4G speeds at more indoor locations for me. Now I'm mad enough at them to consider cancelling everything. I'm going to be trying out both a Tmobile hotspot and a phone this week, to see what coverage is like.
its much easier to mention the arbitration agreement change
This worked for me...
I had to call about 20 times to get them to comply with the terms. the last time I called, the call was escalated to the management team almost immediately. I talked to the man very calmly and explained the situation with him. I told him that sprint had changed the terms of my contract several times, I had the original contract in which I signed dated 9/21/2010 and I was not going to accept the new terms with their material changes. He said that sprints attorneys had already looked at the changes to the "surcharges" paragraph and they were not an adverse material change due to the fact that sprint is just imposing limits which it had none before. So I went on to explain the adverse change to the arbitration agreement which impeded my ability to pursue any wrong doing and showed sprint favoritism. I told him of all the complaints I had been researching about JAMS arbitration showing the business favoritism. He asked me to hold a minute and came right back asking if I had considered the buy back program. I told him absolutely not I was not going to loose $250 on a phone less than a year old which they would only give $95 for and expect me to pay $110 for an ETF. He said unfortunately there is nothing I can do. I replied, I am following all the terms of the contract, I stated the Provisions for breaking the contract with no ETF (material change) and again told him this new arbitration agreement which I would be using to pursue the change to the "surcharge" paragraph adversely affects me. He asked me to hold he would transfer my call to the head of his call center because his hands were tied. About 20 minutes later he came back on the line and told me he had talked to the head of the call center and he was willing to mark my contract fulfilled as of last month and set my account to cancel at the end of the billing cycle so I could port my number if I wanted. I told him that was awesome and I appreciated them abiding by our contract even though it took multiple calls to get it completed.
1. Take notes. write down the names and employee ID of all the people you talk to.
2. Make sure you tell them you want to cancel due to the material change to the terms and conditions.
3. If you get a person that seems like they are put out by having to be at work right now tell them something came up and you will have to call back later and thank them for their time. then call right back and get someone who is having a better day.
4. Tell them you do not like the fees but the change to the arbitration agreement is the material change that you do not agree with, it is because they are impeding your ability to resolve any disputes with sprint due to the changes to the arbitration agreement so it adversely affects you.
5. Do not let the persuade you into the buyback program unless you know what the conditions are and you don't mind loosing all the money you paid for your phone upfront, you will still have to pay the ETF and they don't pay much for phones ($95 max for the Epic). You could sell your phone on craigslist for more than they offer and possibly enough to cover the ETF.
6. Always remain calm and collected speak slowly and plainly, be courteous mind you manners. Talk to the employee for a minute ask where he is located and how his day is going. Make sure you are improving their mood sympathize with them. Tell them you understand they have been told what to say and they have to follow orders but someone must be able to complete this and abide by the terms and conditions. Talk to them like their on your side (reverse psychology). If I can make them laugh over something I usually have their support when the call is escalated to the next department. It definitely makes a difference if the previous employee leaves a good comment and they side with you on the account and doesn't say you are an ahole.
7. Do not let them persuade you into the buyback program unless you know what the conditions are and you don't mind loosing all the money you paid for your phone upfront, you will still have to pay the ETF and they don't pay much for phones ($95 max for the Epic). You could sell your phone on craigslist for more than they offer and possibly enough to cover the ETF.
8. If the employee does not agree the arbitration change is a material change. mention "In Cunningham vs. Fleetwood Homes of Georgia, reported at page 611 of the third Federal Reporter, volume 253, the Eleventh Circuit Court of Appeals ruled that arbitration clauses are material terms to a contract.”
9. They may offer a discount of .50 each month to offset the surcharge or $10 a month for 3 months to continue service. If you take these offers your contract will still be in full effect and you will be stuck with the new terms.
10. Get a CONFIRMATION NUMBER and keep it safe. Do not loose it just in case the employee lied which has been known to happen from time to time. check your account online and click "see my contract details" it should show almost immediately the contract is complete. press print screen and save the image at least until your final bill has arrived and is correct. I have been burned by companies which lied in the past because it does not matter what they tell you on the phone its what is in writing that counts. If they lie and you have no proof 30 days after the change you are stuck in your contract.
With a bit of luck they should let you out of the contract depending on the representative. They have no legal grounds to make you stay. If they refuse try again be persistent. I overheard the employees talking in the back ground at one point about how many times I had called over this issue. one of them even said "he is one persistent a**hole". Do not give up, if you don't find yourself making headway after 25 calls file a complaint with the BBB, FTC, FCC, your state attorney general, local chamber of commerce and your state public utility commission.
Good Luck,
Brandon
Or just pay a paltry $20 a month for always available data which makes your tablet far more useful, damn!
Today being the 10/9/11, I have run out of time to procrastinate. I called Sprint's Retention Department and was told there is no chance of getting out of the contract on my tablet over the $1.50 administrative fee. I was told asking for a supervisor or calling back 25 times until I got a person who would be cooperative might have worked 3 or 4 weeks ago, but not now.
I was also told that I would have to contact Sprint's Legal Department on Monday if I wanted to try to get out of my contract based on changes to the arbitration agreement and/or the ban on rooting.
In the meantime, I intend to buy a Verizon 4G LTE MiFi device this afternoon because I am totally fed-up with Sprint's slow 3G and lack of 4G towers.
Sprint New Contract
Can someone plesae tell me how we get out of our contact with Sprint, We have had service for about a month, We are paying 175.00 for two phones that we cant even use in our home.. When we were searching for new cell phone service we went with sprint because of the unlimited internet ( which to my knowlege no other cell phone company in my area offers) we both have the Samsung Conqure. I've called in several times regarding the poor service in our area I told them I wanted to cancel when we were well within the 30 days, They told me to hang on and let them try to fix the issues I said what are you gonna do build a cell tower in the town we live in, They offered to send an Airwave at no cost but what they didnt tell us why you have to have internet to get the aiwave to work which means we are going to have to call and get internet in our home and pay another bill to get the airwave to work and to be able to make calls inside our home. I've called customer care several times only to be told the 14 day trial is over.... Took them to th sprint store the girl behind the counter said that we should have been told when we ordered our phones that in our area there was no converage, customer care completly denies the fact that coverage in our area is spotty. So they are wanting to charge us 700 dollars in ETF for phones that we cant use in our home!
Someone please help!
Start searching the forums for changing your prl and roaming on Verizon. While your at it look for diagnostic drivers for your phones and CDMA Workshop 2.7. If you load a Verizon prl and start using your phones and data, in a month or two Sprint will be asking you to leave without an ETF and you can keep the phones. Start costing them money and they are more then happy to let you leave.
will this work if I just signed up for a Sprint plan this month? I signed up for phone service two months ago but justadded a new line last week for my Evo View Tablet. Can I use this to cancel my plan without ETF?
southernlight said:
will this work if I just signed up for a Sprint plan this month? I signed up for phone service two months ago but justadded a new line last week for my Evo View Tablet. Can I use this to cancel my plan without ETF?
Click to expand...
Click to collapse
No
10char
I seems like Sprint will now limit both 3G and 4G data plans with no grandfathering. I am wondering if this implies a change of contract? Has anyone contacted Sprint to cancel their service with no ETF?
The limiting is only for mobile broadband plans (mobile hotspot), not phone plans.
perlmeister11 said:
The limiting is only for mobile broadband plans (mobile hotspot), not phone plans.
Click to expand...
Click to collapse
Sprint, "If you have a mobile broadband device such as a tablet, netbook, notebook, USB card, connection card or Mobile Hotspot device, effective beginning with your next bill following notification, your on-network monthly data allowance will no longer include unlimited 4G."
source ... http://support.sprint.com/support/a...25-20110927-142416/?ECID=vanity:servicechange
Exactly, mobile hotspot was in parenthesis as an example not limiting to.
Well don't that put a dent in my shiny new paper weight. Glad I cancelled Netflix.........
Bet they won't lower my monthly rate, though
I just called to see about this and whether I could cancel; the rep I spoke with said all signs point to my being grandfathered into unlimited data. My guess is they are just gonna use this to cut the cord with data hogs and grandfather in people like me who don't use all that much data anyways.
I use between 2-3 GB, but if I ever streamed a bunch extra, could bust through that so I definitely want the unlimited option.
Yeah, good luck on that grandfather thing. I bet they will rebate you for all the data bytes of advertising they mix in with web pages you look at too.... you know how fair and honest those mobile carriers are.
DigitalMD said:
Yeah, good luck on that grandfather thing. I bet they will rebate you for all the data bytes of advertising they mix in with web pages you look at too.... you know how fair and honest those mobile carriers are.
Click to expand...
Click to collapse
Not too worried; tbh I'd almost rather they not grandfather me because I'm sure that would mean I could cancel with no ETF.
this might be a stupid question but if I cancel my contract does that mean I would lose my service all together?
Sent from my Evo View 4g
OK. On try number 1 I spoke with just a regular Sprint rep. She stated that the plan change did not constitute a material change. If this change is not material I don't know what is. I will try the next level.
Just spoke to retentions and account services and they let me out without a etf for a second time. It does work you just have to be fair and firm and state that you signed up for so many gb's of 3g and unlimited 4g and by them doing this is changing the contract.
Released from Contrack
On my second try I spoke to someone in Account services, it took a manager to approve but they let me out of my contract and let me continue month to month with no ETF. The only exception is that I am not eligible for a discounted upgraded until the end of my original contract period - which seemed fair to me. Overall I am happy with the service that Sprint provided me. I was polite to all that I spoke to and explained that the reason I went with Sprint was the unlimited 4G data and that by changing the plan and not offering grandfathering constituted a material change in the contract. Act quickly if you want to do this as you only have 30 days from being notified in your bill. Good luck.
Class Action Lawsuit
I wonder if all the people who signed a new contract when the View came out got together and sued Sprint for breach of contract and whatever laws regarding contracts that they broke by invoking this change how it would effect them. I spent a big chunk of change for this device with a 2 year contract for the plan I am on. Had I of known they were going to make this change this soon after I bought the Tablet, I would NOT have bought it, in fact I would have bought one from AT&T as they had an unlimited data plan at the time that they grandfathered in when they placed limits on their plans. I love my tablet but without 3g and 4g service it really is a useless device for me as I use it primarily as a means to communicate with the outside world when I am on the road.
Blu3Fr0g said:
I wonder if all the people who signed a new contract when the View came out got together and sued Sprint for breach of contract and whatever laws regarding contracts that they broke by invoking this change how it would effect them. I spent a big chunk of change for this device with a 2 year contract for the plan I am on. Had I of known they were going to make this change this soon after I bought the Tablet, I would NOT have bought it, in fact I would have bought one from AT&T as they had an unlimited data plan at the time that they grandfathered in when they placed limits on their plans. I love my tablet but without 3g and 4g service it really is a useless device for me as I use it primarily as a means to communicate with the outside world when I am on the road.
Click to expand...
Click to collapse
Naw they aren't in breach as long as they let you out of your contract.
Actually contracts work both ways, saying they let me out of the contract ignores the cost of the view or the fact you cannot use it with another carrier. Contracts work two ways and just letting me out benefits them not me. No one sues so they continue this behavior.
Sent from my SGH-T889 using XDA Premium 4 mobile app
Sprint is making some more changes starting early next year. Apparently Family plans are going to lose the extra Employee Discounts, off the second line. We all know Sprint cancelled the discounts off the additional lines (line 3 and up) some time ago.
If you have an Employer Discount, the way it works now, is that you get a Discount (20% for me) on lines 1 & 2, as they billed together as Primary and Secondary. So I get $25.98 off my plan every month with the discount. Effective February the included line TWO, will be split as a separately billed line at $19.99. Line ONE (the Primary) will be $110 as it's own line.
So you will only be getting the Employer Discount off Primary line ONE, which now costs $110. Lines TWO through whatever, will get no discount. My bill will go up an extra $4 basically. Not the end of the world, but just another cut they have implemented. I remember I used to get my Employee discount off all my lines. Just makes you wonder what's next?
http://www.sprintfeed.com/2011/12/s...ing-february-2nd-2012-it-just-might-cost-you/
Damn, that really sucks : (
KB112 said:
Sprint is making some more changes starting early next year. Apparently Family plans are going to lose the extra Employee Discounts, off the second line. We all know Sprint cancelled the discounts off the additional lines some time ago.
If you have an Employer Discount, the way it works now, is that you get a Discount (20% for me) on lines 1 & 2 as they billed together as Primary and Secondary. So I get $25.98 off my plan every month with the discount. Effective February the included line TWO, will be split as a separately billed $19.99 line and line ONE (the Primary) will be $110.
So you will only be getting the Employer Discount off Primary line ONE, which now costs $110. Lines TWO through whatever, will get no discount. My bill will go up an extra $4 basically. Not the end of the world, but just another cut they have implemented. I remember I used to get my Employee discount off all my lines. Just makes you wonder what's next?
http://www.sprintfeed.com/2011/12/s...ing-february-2nd-2012-it-just-might-cost-you/
Click to expand...
Click to collapse
Wth?
That's sucks a lot. Like you said, it's only a couple bucks, but seriously?? This is just getting better and better...
KB112 said:
... Just makes you wonder what's next?
Click to expand...
Click to collapse
While I don't want this but I can say it's gonna be no more unlimited data.
I can honestly see that change coming about, right before they officially roll out LTE. They may let it stay for a while under Grandfathered plans, but if you wanna upgrade...bam there goes unlimited.
Meh...its not like there aren't other options. I wonder if you could use this sudden change of contract as a way out of your contract? I mean after all, it's no longer the family plan you signed up for if they change it, right?
Yes you will be able to. Any change that you can claim adversely affects you financially and they legally can not enforce the ETF as a way out. This includes any change in Billing, whether it be 10 cents more in taxes, or partial Pennies. Any and all increases can be used to get out of your contract without ETF. I have heard of People given a hard time with this from multiple carriers, but in that case it is just talking to the right person.
For anyone given a hard time use this "You have an option here, either allow me to cancel my contract without penalty, or give me your full name, and employee identification number. Transfer me to a supervisor so I can get his/her name and ID. You will be named in my complaint to my state district attorney for breach of fiduciary duty and breach of contractual law. Afterwards if necessary I will retain a lawyer if necessary."
This tells them that they have broken two laws, and are aiding in the broken law if they don't escalate the matter to someone authorized to make decisions on contract releases. If they broke the law and it isn't taken care of you will be sending the matter to your state attorney general who will initiate a class action lawsuit, where the person will be named. State attorney generals really will act on this. On matters that affect many many of their constituents that can reelect them, they love taking and fighting the case. I'd almost guarantee after this threat that they will let you out ETF free. I have used this a dozen times successfully on contracts with carriers and gyms, etc when they broke the law. Works every time. Not a matter of if, just a matter of time
I'm about done with sprint personally. As far as post paid carriers go they are the cheapest. But compare the quality of my service compared to all the prepaid people at work, I'm paying twice what they are paying for the same quality/data speed.. All I have to show for it is a better phone. BTW i played with a galaxy nexus at the mall today, I ran a speed test 16mbs'sec download and 4mbs'sec unload!!!!!
KB112 said:
I can honestly see that change coming about, right before they officially roll out LTE. They may let it stay for a while under Grandfathered plans, but if you wanna upgrade...bam there goes unlimited.
Click to expand...
Click to collapse
Exactly how I see it, but of course... BAM, there goes my loyalty to Sprint.
Drewmungus said:
I'm about done with sprint personally. As far as post paid carriers go they are the cheapest. But compare the quality of my service compared to all the prepaid people at work, I'm paying twice what they are paying for the same quality/data speed.. All I have to show for it is a better phone. BTW i played with a galaxy nexus at the mall today, I ran a speed test 16mbs'sec download and 4mbs'sec unload!!!!!
Click to expand...
Click to collapse
I don't quite follow, how are you paying twice more than people on other carriers?
Ya sprint is really starting to suck. All the stuff they have done this year doesn't justify their crappy network signals. Maybe I should look at closing out and re signing up in my wifes name to get a few free evos.
Sent from my PG86100 using XDA App
Will this change mean we can get out of contract for free? Sprint is starting to suck big time.
DarkManX4lf said:
I don't quite follow, how are you paying twice more than people on other carriers?
Click to expand...
Click to collapse
He's saying postpaid vs prepaid he is paying twice as much
Sent from my PC36100 using xda premium
ckoadiyn said:
He's saying postpaid vs prepaid he is paying twice as much
Sent from my PC36100 using xda premium
Click to expand...
Click to collapse
Ohhh sprint vs. Prepaid. Got it.
I am trying so hard to hold out until at least the end of 2012 to see if things will improve with sprint as far as better 3g performance and a decent lte foot print but I am really starting to have some serious doubts. It really looks like I may end up having to switch to at&t pretty soon.
themuffinman said:
I am trying so hard to hold out until at least the end of 2012 to see if things will improve with sprint as far as better 3g performance and a decent lte foot print but I am really starting to have some serious doubts. It really looks like I may end up having to switch to at&t pretty soon.
Click to expand...
Click to collapse
Same here. I'll move my family to Verizon or T-MO while I move to prepaid AT&T goodness. That unlocked international Galaxy SII is starting to look better and better...
Afterall, it's literally the best phone out minus the Galaxy Nexus.
In metro detroit the data speeds are so bad that I can't even stream pandora without a 30 second re-buffering between songs. One day i tried to download roam control to force roaming on verizon and it was too slow to even start the download.
Speedtest.net app shows my speed at about 0.05 mbit the vast majority of the time with .3 mbit the max i've really seen and that is at 6:30am when the network is clear. And all this with an extra 10 dollar charge for the privelage.
Unlimted data is a catch 22 for me .. with sprint and using my phone constantly I can never even hit 2gb in a month because its so slow. With verizon i would hit 2gb in a couple days. This employee discount deal may be my excuse to get off of sprint and onto a real provider.
Between my contract and being on my parents contract before that I have probably been with sprint for about 15 years.. the funny thing is I cant ever remember being happy with their service.
DarkManX4lf said:
I don't quite follow, how are you paying twice more than people on other carriers?
Click to expand...
Click to collapse
Because pre paid carriers get unlimited talk text data for about 50 a month. Since sprint is so terrible specially in the data department...its almost worth doing. You can get a pre paid carrier that runs on the Verizon network, so it's a definite option to consider.
What prepaid runs on Verizon?
Rob the plumber said:
What prepaid runs on Verizon?
Click to expand...
Click to collapse
Heya rob, don't quote me but I am ALMOST sure it is track phone.
i have been terminated by sprint for allegedly being a data hog. fine by me, as far as i know i did torrent a handful of times and i guess thats what did me in, that and netflix i gather.
had anyone been in this situation before? if so, will my photon have a bad esn? and lastly, i did give sprint a deposit, did anyone get that backbin its entirety?
many thanks!
Sent from my MB855 using XDA
moxiot said:
i have been terminated by sprint for allegedly being a data hog. fine by me, as far as i know i did torrent a handful of times and i guess thats what did me in, that and netflix i gather.
had anyone been in this situation before? if so, will my photon have a bad esn? and lastly, i did give sprint a deposit, did anyone get that backbin its entirety?
many thanks!
Sent from my MB855 using XDA
Click to expand...
Click to collapse
the torrenting is what did you in my friend, i had a "test" month this month and manage to scrounge up about 6-7GB with nothing happening but this is all from youtube, google music, and large games downloads (nova 3)...and the deposit, well your suppose to get it back after a year i believe, but if you got terminated before then well....who knows, and lastly you can always just call sprint and ask for an esn check (just say you're buying it on ebay or something)
checkesnfree.com
and trhe phoen should be clean its only when the phone is lost/stolen or in use is it "bad"
Since sprint advertises unlimited data, I thought the only way they could terminate you (per the contract) is if:
1. excessive data roaming
2. tethering and not paying for that
3. being caught doing something illegal
Unless they can show that they terminated with cause (in writing per the contract you agreed to), than you should get your deposit back with no ETF.
moxiot said:
i have been terminated by sprint for allegedly being a data hog. fine by me, as far as i know i did torrent a handful of times and i guess thats what did me in, that and netflix i gather.
had anyone been in this situation before? if so, will my photon have a bad esn? and lastly, i did give sprint a deposit, did anyone get that backbin its entirety?
many thanks!
Sent from my MB855 using XDA
Click to expand...
Click to collapse
findthedr said:
Since sprint advertises unlimited data, I thought the only way they could terminate you (per the contract) is if:
1. excessive data roaming
2. tethering and not paying for that
3. being caught doing something illegal
Unless they can show that they terminated with cause (in writing per the contract you agreed to), than you should get your deposit back with no ETF.
Click to expand...
Click to collapse
you guys answered each others questions,lol
How much data did you use? I'm trying to get them to cancel me without having to pay an etf. I've used about 50 gigs already, but I think the problem with that is I have my phone torrenting while I sleep. I checked Sprint terms of service, they don't consider you an issue if you're not impacting other cusomters use of the service. I don't know how to become an issue through the day since I get crap service at work. (10-15 Kbps. BS)
moxiot, what was your data usage like. Sprint does have a redflag limit and last time I checked it was about 30GB.
A2CKilla said:
you guys answered each others questions,lol
Click to expand...
Click to collapse
What does torrenting have to do with "being caught doing something illegal"?
http://shop2.sprint.com/en/legal/legal_terms_privacy_popup.shtml?ECID=vanity:termsandconditions
Prohibited Network Uses. To ensure the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of Sprint's network or systems. Sprint reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice or data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.
Examples of prohibited data uses: Sprint data services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on line gaming. Our data services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either Sprint's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (vi) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage); or (vi) for any other reason that, in our sole discretion violates our policy of providing service for individual use. Unlimited Use Plans. If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to these Sprint Prohibited Network Uses.
--------------------------------------
the highlighted text is BS in my opinion, but can be used to justify getting rid of you for any reason. That being said, (depending on where you signed up with sprint) you likely signed a service agreement for a plan and not specifically their Terms and conditions. Torrenting is not officially prohibited, and Sprint does not make clear how much data usage on an unlimited plan is prohibited. You should be able to get your deposit back with no ETF fees, and phones with clear ESN's.
Just another way for Sprint to **** people with their "TRULY UNLIMITED DATA"
And they, and people in here who work for Sprint wonder why people get pissed.
MikeyLee said:
Just another way for Sprint to **** people with their "TRULY UNLIMITED DATA"
And they, and people in here who work for Sprint wonder why people get pissed.
Click to expand...
Click to collapse
Use to work for em, people got pissed cause sprint said somethin about what they were doin, when "the people" knew what they were doing...at least own up to what you do
Sent from my MB855 using XDA
srkelley said:
How much data did you use? I'm trying to get them to cancel me without having to pay an etf. I've used about 50 gigs already, but I think the problem with that is I have my phone torrenting while I sleep. I checked Sprint terms of service, they don't consider you an issue if you're not impacting other cusomters use of the service. I don't know how to become an issue through the day since I get crap service at work. (10-15 Kbps. BS)
Click to expand...
Click to collapse
on average 20 gigs a month, youtube, netflix, and some music. i did download a few torrents the last month so..
all in all im ok with it, as long as they return my deposit, which they said they will. mmmmm galaxy note on tmo coming soon??? yeah, take care sprint...
Sent from my MB855 using XDA
moxiot said:
on average 20 gigs a month, youtube, netflix, and some music. i did download a few torrents the last month so..
all in all im ok with it, as long as they return my deposit, which they said they will. mmmmm galaxy note on tmo coming soon??? yeah, take care sprint...
Sent from my MB855 using XDA
Click to expand...
Click to collapse
No etf or anything?
Sent from my Photon 4G via Tapatalk 2
A2CKilla said:
you guys answered each others questions,lol
Click to expand...
Click to collapse
LOL - you are right, torrents typically are not used for legal content. I'm glad to see Sprint scrubbing "questionable' excessive users so that my rate doesn't go up.
---------- Post added at 05:05 AM ---------- Previous post was at 05:03 AM ----------
Lokifish Marz said:
moxiot, what was your data usage like. Sprint does have a redflag limit and last time I checked it was about 30GB.
What does torrenting have to do with "being caught doing something illegal"?
Click to expand...
Click to collapse
Are you serious? What do you suppose torrent is 99% used for?
---------- Post added at 05:10 AM ---------- Previous post was at 05:05 AM ----------
moxiot said:
.....all in all im ok with it, as long as they return my deposit,......
Click to expand...
Click to collapse
Glad you are OK with being kicked to the curb. So who's your next carrier? Sprint is most lenient. Who do you think will let you use more data than Sprint? Seriously - who? And you know you'll pay more, right?
I question if torrents really had anything to do with it. A while back someone got terminated for using 90 gigs in 3 months. If you used 20+ for months on end, that could easily be the reason. Also, there are a lot of legal torrent uses, so I would hope they wouldn't just terminate everyone that uses one. As an example, Joker uses torrents as an alternate way to download his custom ROMs.
Did they warn you before terminating? It seems like they should have just told you that you are being excessive.
yes they warned me and after that i think i torrented one or 2 things.
I wouldnt be surprised if uploading (seeding) had more to do with it than the downloading.
I wouldn't even be able to be terminated if I tried. My download speeds over EvDo around my house suck. We're talking like 15kb/s max. The only place I get reasonably good speeds is in my dorm room, which is on the 17th story probably a mile (roughly) away from a tower.
Thanks for answering my question, guess I'll just have to persist for a few more months. I don't need a ton of data and I very rarely make phone calls. I'll be switching to T-Mobile's $30 a month plan. When I'm really using data on my phone I'm just messing with RSS, Gmail and a few sub-groups on social sites. My data use was consistently under 1.4 gigs until I got tired of waiting for m feeds and other stuff to load.
My usage may come close to doubling on another network but it will be worth it to actually get data service when I want it. If I need to, I'll jump to T-Mobiles $50 plan. I'm not even greedy, I just want speed that doesn't drop below 400 Kbps very often where I work and in transit to and from it. Most of the Sprint users in my area that I knew said that service was awesome but the phones sucked. I had to find out the hard way that I was speaking to people that didn't know the difference between a software/hardware bottleneck and network bottleneck.
I don't even hate Sprint, but I wish that there was a better method to check average download speed (outside, uninhibited) in an area without jumping onto the service. This goes for any provider.
I wish that there was a better method to check average download speed (outside, uninhibited) in an area without jumping onto the service. This goes for any provider.
Click to expand...
Click to collapse
run speedtest off the demo phones from retail sites. Should give you a good idea.
willysp said:
Are you serious? What do you suppose torrent is 99% used for?
Click to expand...
Click to collapse
Actually, yes. It doesn't matter if most torrents are illegal content as the burden of proof lies with the service provider. Therefore the premise of "if he was torrenting that it must have been something illegal" is flawed.
The same flawed thinking also applies to rooting/unlocking. It's the popular mindset of carriers/mainstream news and general pubic that the any reason someone would root their phone is free tethering or some other illegal activity.
Now if the OP was torrenting illegal content then that's his mistake. But at no point did the OP state that he was doing so.
Sprint Discontinuing WiMax. Cancel Service with No ETF
Sprint just added this to their terms and conditions. Long story short, if you have a WiMax device, you can discontinue your service with no ETF or get LTE phone upgrade for free.
https://shop2.sprint.com/en/legal/legal_terms_privacy_popup.shtml?ECID=vanity:termsandconditions
http://www.gottabemobile.com/2013/06/17/sprint-lte-etf-wimax/
http://www.pcworld.com/article/2041996/new-terms-in-sprint-contracts-look-toward-wimax-shutdown.html
http://www.phonedog.com/2013/06/14/sprint-updates-contract-terms-with-details-on-customer-options-for-end-of-wimax-service/
findthedr said:
Sprint Discontinuing WiMax. Cancel Service with No ETF
Sprint just added this to their terms and conditions. Long story short, if you have a WiMax device, you can discontinue your service with no ETF or get LTE phone upgrade for free.
https://shop2.sprint.com/en/legal/legal_terms_privacy_popup.shtml?ECID=vanity:termsandconditions
http://www.gottabemobile.com/2013/06/17/sprint-lte-etf-wimax/
http://www.pcworld.com/article/2041996/new-terms-in-sprint-contracts-look-toward-wimax-shutdown.html
http://www.phonedog.com/2013/06/14/sprint-updates-contract-terms-with-details-on-customer-options-for-end-of-wimax-service/
Click to expand...
Click to collapse
This was discussed on many sites the last few days. However people have been reporting that when they ask the Sprint stores about the free LTE phone, the Sprint CSR say that they have not received any direction on proceeding with free LTE phones. The Sprint CSR were saying that Sprint is just amending the terms now so that when they are ready to begin offering this promotion they have the legality to do it. I don't see this promotion being offered until Fall time frame.
ericdabbs said:
The Sprint CSR were saying that Sprint is just amending the terms now so that when they are ready to begin offering this promotion they have the legality to do it.
Click to expand...
Click to collapse
if there is a change of terms now, than that would be enough for someone to get out without paying an ETF.
ericdabbs said:
I don't see this promotion being offered until Fall time frame.
Click to expand...
Click to collapse
that sucks for people who are wanting an upgrade and not wanting to leave sprint. those individuals should still be able to temporarily port out of sprint, cancel without ETF, and than sign a new line to get a new phone if they choose. That being said, it would require a new 2yr contract.....sprints upgrade option might not require an extension to the current contract....though I have no idea.
for those wanting to stay with sprint and interested in an upgrade:
https://shop2.sprint.com/en/legal/legal_terms_privacy_popup.shtml?ECID=vanity:termsandconditions
New Agreements on the Sprint 4G (WiMAX) Network: Your Service on a device activated on the Sprint 4G (WiMAX) Network may require a new one or two-year Agreement per line. Sprint expressly reserves the right to migrate your Service during this Agreement term from the Sprint 4G (WiMAX) Network to the Sprint 4G LTE network to complete your Agreement term. Reasonable advance notice of the Service change will be provided to impacted customers, who can then select one of the following options:
(a) Choose to complete the Agreement term using your existing device without 4G (WiMAX) capability
(b) Elect to complete the Agreement term by contacting us after receiving notice from Sprint to transition to the Sprint 4G LTE network with no additional term commitment required (Transition Option)
(c) Deactivate service. Deactivations because of this Service change will not result in an Early Termination Fee (ETF).
Transition Option: If you select the Transition Option, you will receive a free standard Sprint LTE capable device and can maintain your existing Service plan, if available. During the Agreement term, Sprint may provide other offers that are separate from the Transition Option, and these offers will be subject to a new two-year Agreement per line.
--------------
those who are just interested in a new, free phone, than they should be smart and not taken any options other than the transition option so as not to extend their contract.
The Clearwire agreement runs through December 2015. Sprint can sit back and watch until then if they want to, but it looks like they're simply amending the terms to allow them to migrate customers if needed. Probably for that small chance that Dish can pull off the Clearwire purchase.
There is nothing adversely material about this change. It they EOL the spectrum and equipment, basically give you a new replacement and don't change the price, you aren't hurt.
Kevets said:
There is nothing adversely material about this change. It they EOL the spectrum and equipment, basically give you a new replacement and don't change the price, you aren't hurt.
Click to expand...
Click to collapse
1. individuals who currently are able to recieve WIMAX signals, but not LTE signals would be negatively affected by this change. I am one of those individuals as my location does not have sprint LTE, and likely wont get it for a long time.
2. this change does not HAVE to be materially adverse for individuals to deactivate service with sprint. Sprint clearly gives affected individuals that option (option C).
Wouldnt think you would get to pick the LTE device for free, or pick the device and pay less though.
findthedr said:
1. individuals who currently are able to recieve WIMAX signals, but not LTE signals would be negatively affected by this change. I am one of those individuals as my location does not have sprint LTE, and likely wont get it for a long time.
2. this change does not HAVE to be materially adverse for individuals to deactivate service with sprint. Sprint clearly gives affected individuals that option (option C).
Click to expand...
Click to collapse
All I am saying is that its too early to tell what Sprint is going to give direction to its corporate stores on how to handle these requests. You can feel free to contact your local Sprint corporate store and inquire about how they will handle these new terms and conditions. I am pretty sure you are going to get blank stares by the Sprint CSRs since this strategy needs to be well thought out. Don't quote me but I think this promotion won't run until Fall because I think Sprint wants to give customers more time to switch from Wimax to LTE on their own before offering a free LTE device.
While Sprint and Clearwire have an agreement until 2015 to use the Wimax network, the terms for Wimax are not the same for the 2014 and 2015 years. Right now the current terms for Wimax is Sprint pays Clearwire a fixed price for unlimited usage on the Wimax network but I know for TD-LTE and for Wimax in 2014 and 2015 that Sprint will pay Clearwire for usage per GB instead of a fixed price for unlimited usage. If you are Sprint, you would be smart not to continue to pay Clearwire to use Wimax per GB so I think Sprint realizes that and is trying to get people off of Wimax so that they can begin refarming that spectrum for TD-LTE.
As much as I would like to think that Sprint will offer these affected customers including myself the option to pick any LTE phone in the Sprint lineup (ex. Galaxy S4, Note 3, HTC One, etc) without a new 2 year commitment, I highly doubt Sprint will do that. Instead I think Sprint will offer either a crappy low end phone like a Sprint Flash/Force/Vital OR an mid range LTE device (ex: Galaxy Victory 4G LTE, LG Viper, LG Mach). If Sprint does offer any LTE device as an option, I will be all over the Note 3 when it comes out. I don't mind if I have to sign a new 2 year contract if Sprint would give me the Note 3 for free.
Sprint as they announced you have three options look option (a) which means you can keep your photon but no 4g any more ???????? Just you can use only 3g service. So folks is it a material adverse change or no to get out of etc
Sent from my Nexus 7 using xda premium
I just got off the phone with a CSR after unsuccessfully trying to cancel without ETF.
The changes in Wimax will only affect some customers, and depending on your zip code this will NOT apply. It is NOT grounds to terminate with no ETF.
Caferacer said:
I just got off the phone with a CSR after unsuccessfully trying to cancel without ETF.
The changes in Wimax will only affect some customers, and depending on your zip code this will NOT apply. It is NOT grounds to terminate with no ETF.
Click to expand...
Click to collapse
I would also like to add that for a "Nation wide coverage" stating that a wimax change would only affect some customers is bs. I pay for nationwide coverage, not just coverage in my typical area. I travel a lot so any change in the network would affect me... I will be giving this a try myself to see what happens.
But in the end I think you can just get out without ETF because there was a change to the Terms and Conditions part, specifically reducing your rights...
new t&c:
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVE ACTION WAIVER, AND A JURY WAIVER PROVISION.
Old t&c:
THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
anyone else try?
Bad Sector said:
I would also like to add that for a "Nation wide coverage" stating that a wimax change would only affect some customers is bs. I pay for nationwide coverage, not just coverage in my typical area. I travel a lot so any change in the network would affect me... I will be giving this a try myself to see what happens.
But in the end I think you can just get out without ETF because there was a change to the Terms and Conditions part, specifically reducing your rights...
new t&c:
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVE ACTION WAIVER, AND A JURY WAIVER PROVISION.
Old t&c:
THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
anyone else try?
Click to expand...
Click to collapse
I tried calling yesterday trying to terminate because of the changed TOS, but I called for a different section. This was added to 'Our right to change the agreement and your related rights':
"If you lose your eligibility for a particular rate plan or if a particular rate plan is no longer supported or available, we may change your rate plan to one for which you qualify."
This eliminates grandfathered plans at the discretion of sprint. Unfortunately I made the mistake of speaking to a general CSR, and one stupid enough to think this section was somehow related to the shutdown of wimax towers, and also insisted that because I bought my device prior their wimax cutoff of March 2013, that these TOS didn't apply to me. Either way it is a material change to the contract as the legal term defines it, and also adversely affects the contract holder's rights as it allows sprint to cancel plans and sign you up for another at their discretion. I didn't touch the arbitration section because there was already arbitration rights, whereas this is a new sentence granting them more rights.
Unfortunately it ended with them deferring me to their legal department. I'm going to try again but ask to speak to retention first, since even if they wanted to the manager I was escalated to stated they could not terminate a contract without ETF unless it pertained to the wimax shutdown.
Caferacer said:
I just got off the phone with a CSR after unsuccessfully trying to cancel without ETF.
The changes in Wimax will only affect some customers, and depending on your zip code this will NOT apply. It is NOT grounds to terminate with no ETF.
Click to expand...
Click to collapse
Caferacer said:
I tried calling yesterday trying to terminate because of the changed TOS, but I called for a different section. This was added to 'Our right to change the agreement and your related rights':
"If you lose your eligibility for a particular rate plan or if a particular rate plan is no longer supported or available, we may change your rate plan to one for which you qualify."
This eliminates grandfathered plans at the discretion of sprint. Unfortunately I made the mistake of speaking to a general CSR, and one stupid enough to think this section was somehow related to the shutdown of wimax towers, and also insisted that because I bought my device prior their wimax cutoff of March 2013, that these TOS didn't apply to me. Either way it is a material change to the contract as the legal term defines it, and also adversely affects the contract holder's rights as it allows sprint to cancel plans and sign you up for another at their discretion. I didn't touch the arbitration section because there was already arbitration rights, whereas this is a new sentence granting them more rights.
Unfortunately it ended with them deferring me to their legal department. I'm going to try again but ask to speak to retention first, since even if they wanted to the manager I was escalated to stated they could not terminate a contract without ETF unless it pertained to the wimax shutdown.
Click to expand...
Click to collapse
I as well got the run around. They are saying that it does not affect me right now so I cannot claim that as a reason. Even though they are changing the terms that could in the future allow sprint to change their data plan structure and force me into a different plan according to the item you quoted. The Rep said they wouldn't do that without contacting me first, but as I pointed out to them it says right there that they can.
I named off every change between the new contract and old, but for each one she said it does not affect me "right now"... she was likely informed by her manager to just keep with that same line. Looks like it is time to contact executive services to get this resolved or their legal department...
I did tell her to note of my account that I do not agree with the changes to the terms and conditions, regardless if they affect me "right now", and I will be cancelling per their agreement with me that if they change t&c we can cancel within 30 days.
She just said they will charge the ETF if I cancel... we will see where this goes.
Bad Sector said:
I as well got the run around. They are saying that it does not affect me right now so I cannot claim that as a reason. Even though they are changing the terms that could in the future allow sprint to change their data plan structure and force me into a different plan according to the item you quoted. The Rep said they wouldn't do that without contacting me first, but as I pointed out to them it says right there that they can.
I named off every change between the new contract and old, but for each one she said it does not affect me "right now"... she was likely informed by her manager to just keep with that same line. Looks like it is time to contact executive services to get this resolved or their legal department...
I did tell her to note of my account that I do not agree with the changes to the terms and conditions, regardless if they affect me "right now", and I will be cancelling per their agreement with me that if they change t&c we can cancel within 30 days.
She just said they will charge the ETF if I cancel... we will see where this goes.
Click to expand...
Click to collapse
I would stick with the notion that a adverse material change is not something that *needs* to affect you right now in terms of changing your data plan. It's easier to argue when it's taking money away right then and there, but it's not a requirement. It's changing a defining portion of the contract (A material change) and giving sprint more power than was originally agreed to while decreasing yours (Adverse). I got the CSR to stop stating that when I told her 'Well, by that notion you could change the TOS to state you own my first born. I don't have a first born yet, but you wouldn't expect me to agree to that TOS because of that fact do you?'.
Caferacer said:
I would stick with the notion that a adverse material change is not something that *needs* to affect you right now in terms of changing your data plan. It's easier to argue when it's taking money away right then and there, but it's not a requirement. It's changing a defining portion of the contract (A material change) and giving sprint more power than was originally agreed to while decreasing yours (Adverse). I got the CSR to stop stating that when I told her 'Well, by that notion you could change the TOS to state you own my first born. I don't have a first born yet, but you wouldn't expect me to agree to that TOS because of that fact do you?'.
Click to expand...
Click to collapse
Nice one... so you saying you had any further luck with this? It was like talking to a wall... just kept repeating that it "doesn't affect me at this time" ...
would also like to know if anyone is having any success with this.
Yes sir.
I fulfilled my contract. Both lines. Now I'm out of contract. I don't know how same ppl miss this ts&cs can waive your ETF.. It's clear with options too. But if you have 4g wimax device capability
No question !!!!
Sent from my Nexus 7 using xda premium
evobb10 said:
Yes sir.
I fulfilled my contract. Both lines. Now I'm out of contract. I don't know how same ppl miss this ts&cs can waive your ETF.. It's clear with options too. But if you have 4g wimax device capability
No question !!!!
Sent from my Nexus 7 using xda premium
Click to expand...
Click to collapse
It's funny that some people are able to do this with not much issue.. but a lot of us are getting stuck with the CSR saying it doesn't apply to us "YET"... and you can't get them to understand that this contract means it WILL and then we are stuck because they won't process our cancellation.. frustrating
Ibcalled last nigjt and they kept trying to say the changes were nonmaterial amd did not apply.
Pocketables had an article with 4 points. I read them the the guy, he was in retention dept, and the guy told me sprint already has those rights/abilities. His name was John. He would not give me a last name or number. Then he got a manager on the phone and she said the same thing.
They used the example of changing fees and whatnot.
I believe android authority had an article on this, if not them it was android police.
Sent from my MB855 using xda premium