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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
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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.
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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.
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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.
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"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?
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No
10char
If I change my current phone which I bought through wirefly back in July to a 4g phone, will I pay a penalty? It hasn't been 6 months since I got the phone. I won't be lowering my monthly rate plan but it will just change to unlimited 3g and 4g instead of just unlimited 3g. Can they find out that I changed the phone?
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They can find out yes and then you'll be charged.
antispiral said:
If I change my current phone which I bought through wirefly back in July to a 4g phone, will I pay a penalty? It hasn't been 6 months since I got the phone. I won't be lowering my monthly rate plan but it will just change to unlimited 3g and 4g instead of just unlimited 3g. Can they find out that I changed the phone?
Sent from my Xoom using Tapatalk
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Can't you wait a 2-3 more weeks?
Checkout the terms here http://www.wirefly.com/about/purchaseterms/?referringdomain=wirefly&refcode1=&refcode2=&agent=&eid=&zipcode=94107 It states the following:
INSTANT SAVINGS DISCOUNTS
Wirefly promises you savings in the form of instant discounts with no rebates or gimmicks when you sign up for wireless carrier service on a 2 year agreement. Delivering on this promise means that you must agree to maintain your agreement for a minimum of 6 months after activation. Deactivating your phone, or downgrading features or the rate plan, may lead to additional charges.
To provide you with significant savings vs. buying in a retail store, the price you paid for your device includes an Instant Savings Discount from Wirefly.
By accepting this Instant Savings Discount, you agree to repay $200 of this discount ($400 for smartphones, tablets, and netbooks) and authorize us to charge your credit card in repayment of this amount if, you signed up for a 2 year agreement and during the 181 days after your new equipment is activated, your wireless carrier notifies us that the services you purchased have been suspended, disconnected, or deactivated, or if you return your purchase outside of the return and exchange provisions of our Satisfaction Guarantee.
Please note some of the reasons your wireless carrier may notify us of a deactivation include if:
You transfer this equipment to another carrier line of service after it is activated
You change your rate plan to a lower monthly service rate than was specifically required at the point of purchase
You deactivate texting/data features that were specifically required at the point of purchase
The new line of service activated with your order is used to replace a pre-existing account
Hope this helps
I ordered from wirefly and changed phones around on my lines and was never charged. They might notice, they might not.
Wirefly is a scam I would never buy anything from them. And they will charge you don't try it unless you have enough to cover an ETF but once you pay it you'll be on Verizon terms then..
Sent from my ADR6425LVW using xda premium
Ok thanks for the help
Sent from my R800x using Tapatalk
discussion
1. Effective 4/1/13, Sprint will be changing tax systems for charges such as insurance & premium content. This update may cause an increase of taxes and/or surcharges on your bill for these products. For details of taxes & surcharges, visit sprint.com/taxesandfees ."
2. A surcharge increase would be a change in contract on sprint's part, allowing you to get out without paying an Early Termination Fee. A tax increase would not be considered a "change in contract."
3. Surcharge increases vary regionally.
'4. Per sprint: Your 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, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes—and we 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.
5. You may be able to get sprint to note that your contract is "FULFILLED" without terminating your contract, and leaving sprint. Your Mileage Might Vary (YMMV). This may allow you to get perks such as phone upgrades, etc.
Im on a mission! Hopefully I can get out of my contract! Im so DONE with Sprint!
good luck!
And if you are able to cancel with Sprint, consider a pre-paid/MVNO carrier. The photon makes it easy to switch thanks to its ability to handle GSM.
Anyone successful trying this yet???
I tried calling earlier and they said that its not an EFT waiver event since the changes only apply to optional services. They did state that the changes are applicable to the surcharges portion of the bill (page 7 for me)
I will be calling back today to push that the TEP and premium content (which are the optional services above) are in the contract and if they change they affect me since I currently have TEP on two of my lines.
We'll see what happens. I might have to wait till the 10th when I get my bill to prove the $$ increase amount
slvdc1 said:
I tried calling earlier and they said that its not an EFT waiver event since the changes only apply to optional services. They did state that the changes are applicable to the surcharges portion of the bill (page 7 for me)
I will be calling back today to push that the TEP and premium content (which are the optional services above) are in the contract and if they change they affect me since I currently have TEP on two of my lines.
We'll see what happens. I might have to wait till the 10th when I get my bill to prove the $$ increase amount
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So did anything happen with this. Seems like the 30 days is not quite up yet.
This is not the place for carrier related pricing/taxes policy discussion.
This is also not device development related at all.
A new for AT&T to earn more money??
Administrative Fee (Consumer and Individual Responsibility User (IRU) lines only)
The Administrative Fee helps defray certain expenses AT&T incurs, including but not limited to: (a) charges AT&T or its agents pay to interconnect with other carriers to deliver calls from AT&T customers to their customers; and (b) charges associated with cell site rents and maintenance.
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What a B.S.! Can't stand these communication companies and the lack of options in this country.
sbi1 said:
A new for AT&T to earn more money??
What a B.S.! Can't stand these communication companies and the lack of options in this country.
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The rich will get richer, the poor will get poorer. Its ridiculous what this government let these corporations get away with. Of course at the working man's expense.
Sent from my SAMSUNG-SGH-I717 using xda app-developers app
lildoggs said:
The rich will get richer, the poor will get poorer. Its ridiculous what this government let these corporations get away with. Of course at the working man's expense.
Sent from my SAMSUNG-SGH-I717 using xda app-developers app
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They don't make enough money.... they justify by letting us pay only $200 for a $700 phone. Tha'ts how they get away with it... we can all go to the European way and just buy the phones up front and save a little on the service. But they will still make tons of money of us. $37 stock price for today 11%+ rise year to date... They obviously need more and more :crying:
I called AT&T yesterday to ***** about it, I asked the CSR "What 'new' expenses does AT&T have now that they didn't have last month?". Sure enough he started reading to me the same thing as I posted above. I said "don't read this to me, I can read it myself. I want to know what NEW EXPENSES do you have..."
He said "we don't have that info". I said "well, HQ should give you the answers".
I got so pissed at him that he ended up giving me a credit of the 4 lines times this bull**** fee for the next year ($30). Sure, I was happy and appreciative of his attempt to make a customer happy. Nevertheless, can't wait for my contract to expire to get the hell out. That's why I don't take 'free/discounted' phones from AT&T. Only international versions, nothing with AT&T logo on it. I will not be tied in contracts with big corporations any more.
Sure, it's much more difficult now to go somewhere else when Straight Talk no longer have AT&T sim cards, but we'll see.
sbi1 said:
That's why I don't take 'free/discounted' phones from AT&T. Only international versions, nothing with AT&T logo on it. I will not be tied in contracts with big corporations any more.
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Could not agree more, well said.
Sent from the i777
Quick & Easy BBB, FTC, FCC links
Some momentum is growing at forums.att.com to have a mass of customers report to the BBB, FTC, and FCC, so I am posting easy links here, in case others wish to do so as well.
It's really quick and easy to make your voice heard .
BBB: www.bbb.org/atlanta/business-reviews/telephone-companies/atandt-in-atlanta-ga-7935/file-a-complaint
FTC: https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
FCC: http://www.fcc.gov/complaints
You can base your info on the following but you will have to edit it to fit in the web forms:
"AT&T has raised the price on every wireless line in service by $.61 a month by adding a new fee to every bill, which they explain as follows:
"MOBILITY ADMINISTRATIVE FEE" Effective May 1, 2013, the Administrative Fee will be $0.61 per line per month. The Administrative Fee helps defray certain expenses AT&T incurs, including but not limited to: (a) charges AT&T or its agents pay to interconnect with other carriers to deliver calls from AT&T customers to their customers; and (b) charges associated with cell site rents and maintenance."
This is a baloney way of saying "price increase", and is a blatant violation of basic contract law which does not allow the changing of terms after the beginning of a bilateral agreement. The vast majority of ATT customers have 2-year contract agreements which prevent their switching carriers without paying a huge penalty clause.
The ATT Wireless Agreement reads: "If we increase the price of any of the services to which you subscribe, beyond the limits set forth in your customer service summary... you may terminate this agreement without paying an early termination fee or returning or paying for any promotional items."
CTIA Consumer Code reads: "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."
ATT claims that the price for the service remains the same and are only adding a "fee".
What's from stopping AT&T from adding an additional $50/month fee and not letting customers out of their contract?
$.61 doesn't sound like much, but some people have multiple lines. In addition, multiplied by 115.78 million customers, AT&T makes an extra $847 million a year from this dishonest price hike.
As it is not any kind of tax or government mandated charge, the new fee should be included in the basic price displayed in advertising and informational material. The new fee should only be charged on new contracts beginning after the increase, and existing contract customers must be allowed to either reject the price hike or be allowed to terminate their service without penalty, as the contract has already been breached by the carrier."
Coincidentally I just cancelled one of my add-on packages with Comcast cable and they also tried to charge a $2.xx administrative fee. Although the CSR waived it as a 'one time courtesy,' seeing the same issue here highlights what appears to be a growing trend.
http://www.youtube.com/watch?v=jyDbfCbQnH8
harryspar said:
Some momentum is growing at forums.att.com to have a mass of customers report to the BBB, FTC, and FCC, so I am posting easy links here, in case others wish to do so as well.
It's really quick and easy to make your voice heard .
BBB: www.bbb.org/atlanta/business-reviews/telephone-companies/atandt-in-atlanta-ga-7935/file-a-complaint
FTC: https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
FCC: http://www.fcc.gov/complaints
You can base your info on the following but you will have to edit it to fit in the web forms:
"AT&T has raised the price on every wireless line in service by $.61 a month by adding a new fee to every bill, which they explain as follows:
"MOBILITY ADMINISTRATIVE FEE" Effective May 1, 2013, the Administrative Fee will be $0.61 per line per month. The Administrative Fee helps defray certain expenses AT&T incurs, including but not limited to: (a) charges AT&T or its agents pay to interconnect with other carriers to deliver calls from AT&T customers to their customers; and (b) charges associated with cell site rents and maintenance."
This is a baloney way of saying "price increase", and is a blatant violation of basic contract law which does not allow the changing of terms after the beginning of a bilateral agreement. The vast majority of ATT customers have 2-year contract agreements which prevent their switching carriers without paying a huge penalty clause.
The ATT Wireless Agreement reads: "If we increase the price of any of the services to which you subscribe, beyond the limits set forth in your customer service summary... you may terminate this agreement without paying an early termination fee or returning or paying for any promotional items."
CTIA Consumer Code reads: "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."
ATT claims that the price for the service remains the same and are only adding a "fee".
What's from stopping AT&T from adding an additional $50/month fee and not letting customers out of their contract?
$.61 doesn't sound like much, but some people have multiple lines. In addition, multiplied by 115.78 million customers, AT&T makes an extra $847 million a year from this dishonest price hike.
As it is not any kind of tax or government mandated charge, the new fee should be included in the basic price displayed in advertising and informational material. The new fee should only be charged on new contracts beginning after the increase, and existing contract customers must be allowed to either reject the price hike or be allowed to terminate their service without penalty, as the contract has already been breached by the carrier."
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Complaints filed.
sbi1 said:
Complaints filed.
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You da man. How long did it take, a few minutes, right? We need more people to act.
Thanks for the heads up, I didn't even notice it. I filed a complaint with the FTC and will look into switching when my contract ends next month
Does this fee count as a material change in the contract? I'm guessing not. Sneaky
edit: I now read harryspar's post completely. When Sprint did this, many people were able to cancel and not pay an ETF, but I'm guessing AT&T will fight this but some people might be able to get away with it.
havanahjoe said:
When Sprint did this, many people were able to cancel and not pay an ETF, but I'm guessing AT&T will fight this but some people might be able to get away with it.
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Some people have been successful, see thread on fawallet.com: http://www.fatwallet.com/forums/finance/1270724/
harryspar said:
You da man. How long did it take, a few minutes, right? We need more people to act.
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Yup. few minutes and the bastards "responded" to the BBB one with the usual B.S., to which I responded with (basically) "Cut the B.S.". Nothing will change until everyone files a complaint.
I went through a similar experience with Sprint last year. They claimed it was not a "material change" as another poster eluded to and when I digged very deep in my contract - there was a clause which allowed them to add up to $2.00 per month in "fees" without being considered "material" changes...
I think it depends on the rep you get, some people I know used the fee to get out of their contracts and some it did not work for. I was able to get the fee waived (it was only 20 cents per month or so that they were adding this time) but I didn't feel like fighting to get any further.
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/
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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.
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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.
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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.
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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.
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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).
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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
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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.
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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?
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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.
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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.
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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.
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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?'.
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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 !!!!
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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
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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.
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