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"Material Adverse" Clauses in Cell Phone Contracts

Each carrier takes a different stance on what is materially adverse, who can get out (Cingular for instance has eliminated language in some contracts that claims that text messages for instance are an "optional service"). You usually (except for Verizon which does offer 60 day period to call and claim materially adverse) only have a short time to claim a change as materially adverse, sometimes less than 14 days. Listen to UCAN attorney Art Neill's tips to cancelling your contract here.

Cingular
Sprint/Nextel
T-Mobile
Verizon
CTIA-International Association for Wireless Telecommunications

CINGULAR
Changes to the terms and conditions: These terms and conditions may be changed from time-to-time. Cingular will post the most current version of these terms and conditions on the MEdia Net web site (www.cingular.com/medianet) or other appropriate location. Please check these regularly to inform yourself about changes to the terms and conditions, policies, news, etc.

SPRINT/NEXTEL
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 changes that may impact you in a manner consistent with this Agreement (see "Providing Notice Under This Agreement" paragraph). Except as provided below, if a change we make to the Agreement is material and has a material adverse affect on you, 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.
The following, without limitation, will generally not be considered changes to the Agreement as contemplated in this provision and will not result in the waiver of applicable Early Termination Fees: (a) changes to our Policies; (b) changes to rates or charges that are not a core part of the rate plan package for which you contracted - for example, incidental, occasional or casual use charges and other options that do not require a Term Commitment; (b) changes to Taxes & Government Fees; or (c) changes to Surcharges, including assessing new Surcharges.
Our Right To Suspend Or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) late payment; (b) exceeding an Account Spending Limit ("ASL"); (c) harassing/threatening our employees or agents; (d) providing false information; (e) interfering with our operations; (f) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement; (g) breaching the Agreement, including our Policies; (h) providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications; or (j) if we believe the action protects our interests, any customer's interests or our network.

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

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

CTIA CONSUMER CODE
Provide Customers the Right to Terminate Service for Changes to Contract Terms
Carriers will not modify the material terms of their subscribers' contracts in a manner that is materially adverse to subscribers without providing a reasonable advance notice of a proposed modification and allowing subscribers a time period of not less than 14 days to cancel their contracts with no early termination fee.

Filed Under
Communications: Wireless -

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Sprint Contract Canceled Today - No ETF!

I called Sprint this afternoon and told them politely that I wanted to terminated my contract with them due to "Material Adverse" clauses in my bills. It took about 5 minutes. No early termination fees - but no refund of remaining month's bill... that is OK with me. Tip - be very polite and calm. The Sprint representative was more concerned about his rating on customer service that I would give if sent a letter from Sprint regarding my call. I heard that Sprint customers have until 3/15/10 to cancel their plans with no ETF due to the "Material Adverse" fees on their bills.

sprint $4.99 fee for customers with spending limit

This is absurd i just got a letter today from sprint stating that there will be a $4.99 fee every month for customer with spending limits on they account if they dont sign up for automatic payments. I called them right away but they couldnt do anything for me because i havent receive the bill so i have to wait for my bill to arrive. CAN I GET OUT OF THE CONTRACT FOR THIS WITHOUT PAYING CANCELLATION FEE?

When it looks like a pig,

When it looks like a pig, chances are it is a pig!

First off, I want to express that the supervisor I spoke with on the phone was courteous and helpful and made every attempt, given by corporate Sprint, to address and resolve my concern.

Unfortunately, corporate Sprint had made questionable limits on what could or could not be provide by its supervisors to resolve my concerns.

Corporate Sprint believes, and has instructed its employees, that this letter and $4.99 monthly fee outlines a customer benefit. However, it is obvious that a benefit would offer a customer a discount to create a desired action rather than impose a fee otherwise.

As I do not see how using auto pay to make monthly payments rather than my current payment method would provide Sprint with any cost savings, Sprint has assessed a penalty as a result of my decision. I presently have the freedom to use the sprint.com website to pay my bill a number of ways including credit card, debit card, checking account, and savings account. Corporate Sprint has decided this freedom is worth a fee of $4.99 per month.

As a result of Sprint’s decision:

* I will not be renewing my subscription at the end of my contract date.
* I will not provide any word of mouth marketing to promote Sprint.
* I will actively support any sprint customer discontent legally available including Internet websites, chat rooms, and consumer support groups.
* I will pursue, support and advocate any class action suits that result from Sprint’s decision.
* I will enjoy seeing how AT&T, Verizon, T-mobile, and other competitors will capitalize on Sprint’s lack of insight with this decision.

If any Sprint employees are part of this group, I understand that you do not have direct voice in corporate matters. My hope is to teach you the difference between a benefit and a penalty. And to help you understand that if a company is attempting to generate immediate cash flow by imposing a penalty to its customers when that penalty does not justify a company expenses, the stability of the company is in question.

For all others, the Internet is a strong voice. We consumers have much more power over the success and failure of a business than in the past.

UPDATE: I have learned that Sprint will honor early termination without penalty if you do not agree to this fee. CALL SPRINT and move!!

Wake Up People

How freaking sad the world has become. People are so pathetic they can't go pee pee without their cell phones. When they go somewhere to eat, first thing they do is plop it down on the table. When they are at their kid's ball games between every play they have to look at them. And millions simply use them as a damned tracking device to keep up with their man or woman. We bitched when kids got hooked on video games - This is the number one addiction in the world today and it is just sad as hell when you count over 50 people that are so damned important they have to be on one during your 10 minute shopping trip in Walmart. They even sleep with them for fear they will miss something, of course their excuse is always "Well I use it as an alarm clock" Bullshit! The world is full of pathetic people who are addicted to the damned things and it's time to wake up.

i just read this,and i do

i just read this,and i do agree with u,we all did just fine without cell phones and just had home phones.Its weird how bad adults get on for something a child does and then gets addicted to stuff as well,i dont care for cell phones didnt want one,i have one but only take it when i go to town.i am always loosing it or do forget to take it with me.so i do have one but dont need it up my butt. what is bad is u should shut off your phone at work,but them adults dont and they are on it more than they work.i have worked with ladies that are like that,now thats something that i cant stand.i have a prepaid and havent gotten minutes on it in over a month,and i really am in no hurry to get any....

i just read this,and i do

i just read this,and i do agree with u,we all did just fine without cell phones and just had home phones.Its weird how bad adults get on for something a child does and then gets addicted to stuff as well,i dont care for cell phones didnt want one,i have one but only take it when i go to town.i am always loosing it or do forget to take it with me.so i do have one but dont need it up my butt. what is bad is u should shut off your phone at work,but them adults dont and they are on it more than they work.i have worked with ladies that are like that,now thats something that i cant stand.i have a prepaid and havent gotten minutes on it in over a month,and i really am in no hurry to get any....

Don't Give Up Home - Change is Coming

Dear Fellow Wireless Service Consumers: There is hope. I know these days seem dark and we are all trapped by the wireless providers who hold us hostage with unreasonable plans, inexplicable terms and conditions, charges we don't understand, and yes, crazy cancellation fees. It's just insane what we go through simply so we can communicate with loved ones and clients. However, as a veteran of the telecommunications industry I can tell you that change is constant. We are suffering now but one day these same tryant wireless giants will compete for our business to be the low cost provider just like the long distance companies of the past. Don't give up hope. Keep blogging, sharing info and fighting the good fight. I am glad that I found this site. I am going to post up and pay my Verizon cancellation fee TODAY. I can't take it anymore and will put up with less coverage in exchange for a lower priced, unlimited plan that I can afford. I am self employed as a real estate agent. My phone is my livelyhood and lifeline but I have to take a stand. My clients will be able to reach me and I will do without some of the perks offered by my data plan with Verizon. Really how much do we need? Checking my email constantly just increases my stress level and decreases my quality of life. I never use my camera or send text pics (I'm too busy for that). Times are hard enough without being smothered by another hefty bill. Time to trim the fat. I want my freedom and my money. Contracts are tyranny! I recently lost my belongings due to a flood. At first I was sad, then I realized I didn't need all that stuff and I am fine with what little I have now. I can do with less in terms of wireless coverage also. I just need phone and text and I am good. Metro PCS here I come....

Shove it up verizon's A$$

Dear Alltel now Big Money verizon customers I am as frustrated as you with the cs we are recieving when trying to figure out why when we cannot use our phones we are being charged overages and being charged more money than verizon customers to buy out of our contracts! Every one needs to rise up together allert your local and big city news teams of this BS we need to do what ever we can to get some one to listen to us this is a democracy for gods sake not communism we cannot be told who we have to have service through since it is our right to choose in the first place . We did not have contracts with Verizon we were forced over to them now we are being F%&^ed over and we need to rise up, put your fists in the air and Do something about it. DAMN THE MAN, SAVE THE EMPIRE!

Help! I want out of this Sprint contract

I have been a Sprint custmor for at least 6 years and have been lured or bated to stay with them each time contract time comes. Well, I have had enough of Sprint and don't need the three phones andmore as my daughter moved out of the country. I have waited for a long time to dump them because of the sicking BS I have had to put up with. It is time to get a contractless phone from Walmart!! I am paying almost 135 mo and the contract on all three phones will not be up till May 2010... any ideas ... I have dump'em fever..

Thanks

 

Can I cancel my Unicell Plan b/c bought by AT&T?

I have been trying to talk to someone at Unicell about a $200 per line termination fee (2 lines = $400). I received multiple mailings from Unicell & AT&T stating that I had to change my plan to AT&T. I did not want to have AT&T as my carrier and went with Verizon. Now, instead of talking to me, Unicell customer service sent my account to collections. When I do speak to someone at Unicell, they tell me a Supervisor will call me back - they never do. Additionally I have requested the Unicell contract be mailed to me, and they do not mail it....Anyone have any ideas?

t-mobile paper bill charge

I'm trying to get out a t-mobile contract because I want a phone form someone else. I just got a notice that they are going to start charging for paper bills ($1.50) but i don't see anything anywhere on my bill about having the right to cancel, does anyone know if this pertaines?

new every two from verizon

I have been a customer of verizon wireless for over 8 years. I have one of the original 20 dollar a month with 150 anytime minutes plans with the 'new every two' option. I have renewed every 2 years since 2001. A couple of weeks ago I tried to upgrade to the LG Env Touch since I now have the LG Env, but was instructed on the web site that my plan does not support the phone, which is strange because earlier this year my plan did support the Env Touch. After complaining to Verizon to no avail I tried to upgrade to a different phone, about a week later, and lo and behold my plan does not include 'new every two', Verizon change the original terms of my contract. Phones that I was eligible for just a few days ago are no longer part of my plan. Verizon wireless is trying to pull the rug from under my 20 dollar plan in order to get me to change to one of their higher plans, which start at 39.99, this is corporate greed plain and simple. It does not pay to be to a company because they are not going to be loyal to the customer. Has anyone else experience this or something similar from Verizon?

Eff. june 9th 2009 T-mobile raised the price of internet sevice

I just realized that i'm paying $24.99 for internet service, which i used to have for $19.99 when i signed up with T-mobile.... I spoke with cust. service dummies , who stated that i can't cancel my service w/o ETF , but i got $19.99 service back on.....

Internet Prices

Internet service providers want to end the all-you-can-eat plans and get their customers paying à la carte. But they are having a hard time closing the buffet line. Faced with rising consumer protest and calls from members of Congress for new regulations, Time Warner Cable backed down last week from a plan to impose new fees on heavy users of its Road Runner Internet service such as business web hosting services along with the ecommerce web hosting services. The debate over the price of Internet use is far from over. Critics say cable and phone companies are already charging far more than Internet providers in other countries who are providing reseller hosting services. Some also wonder whether the new price plans are meant to prevent online video sites from cutting into the lucrative revenue from cable TV service.

You raise a good point that

You raise a good point that links to net neutrality laws. Are customers buying access to the internet as a whole, or are they paying to access certain elements, not only volume. I.E. would they have to pay more for access to newspaper or business web hosting or even gaming.

Lack of coverage - suspension?

I have Verizon, renewed a 2-year contract in September '08, and had service at the time, but (due to the economy and so forth) I took a seasonal job (May-November) in an area that only gets service from AT&T. Makes me wonder what I'm paying for their so-called service for since I barely get any - I'm using only a very small fraction of my minutes/texts since I so rarely have reception. So I'm going to call them and ask if I can suspend the service for the length of the fire season or at least get some sort of proration on the minutes or something - has anyone ever tried this? Any luck? I'm not holding my breath since I've already experienced them refusing to cancel for travel abroad, but I'm missing dispatches because of this nonsense and I need a phone that does get reception so I figure I may as well give it a go...

You can suspend with Verizon

You can suspend with Verizon for up to 90 consecutive days. There are two options, with billing or without billing. To suspend with billing means that your service is suspended and you still pay. Typically this is only done if suspending for fewer than 30 days. To suspend without billing means that the line is suspended and you do not pay the monthly access fees, however if you are choosing to suspend a primary line another line must become primary. The stipulation with suspending without billing is that your contract is extended by the duration of the duration of the suspend. For example if you suspend a line without billing for 90 days, your contract is extended by 90 days. There is also a $15 reconnect fee upon un-suspending line.

verizon are thieves!

I have had verizon for about ten years.We have four phones for me my husband and two of my children. Recently we decided to get some new phones. We tried the buy one get one free blackberry storms and hated them. We returned them within the thirty day time period and got different phones. We got our bill and paid it, now three months later we got another bill! We called and found out that they supposivly charged someone else for our new phones and that first bill was for the blackberries.I have added the two bills up minus are regular charges and it comes out to an excess of seven hundred dollars. We keep asking for a manager, they do not comply. The keep telling me that this is correct and the mistake was that they didnt charge us for all of it the first time. I am a vip customer which means 50 dollars additional off per phone, the two phones were 200 a piece. I kept asking the salesperson at the time of purchase what the exact amount was to be charged on my bill and the first bill that I received was that, so the second bill as you can imagine , sent me through the roof! My original bill was almost 400 minus my regular charges. I keep telling them that they havent deducted the charges for the blackberries but they can't seem to understand! I am now told that this bill (two bills) is for the two phones, the mail in rebate, restocking fees, activation fees, etc. This still seems like a ridiculous amount of money to me and if I want to cancel my contract it will be 175 per phone (that hurts). I want out of this contract from these rude money hungry people! My husband was seriously injured at work and disability doesn't pay much, I just cant afford this!

Alltel Customers forced into contract with Verizon

I made the following complain to the FCC. The more complaints they get regarding the service and change over the better. Please make your complaints formal at www.fcc.gov
In the takeover of Alltel by Verizon, previous Alltel customers experienced problems with billing, poor service, duplicate and triplicate text messages from same source, many dropped calls and poor customer service. We are not allowed any longer to add phones to our family plans, or change our phone without changing our plan to a Verizon plan. We do not have many of the service that were offered to us via Alltel when we signed up for our two year contract, and Verizon customer service claims that they are fixing the problems, but are not. We are now charged for being billed, which we were not before. If we had a family plan for $69.99 plus $15.00 for each additional phone (over one additional phone) the plan was changed to the the total pricing for three phones to $84.99 (that's $69.99 for the plan with the first phone and no additional charge for the second phone and $15.00 for the third phone). With Verizon billing us this way for service, when we dropped the third phone, we were still being charged for it under the new plan. When wanting to add a phone again to the plan we were told we could not. I have three friends that the same thing happened to.

I have seven phones under contract and given the service that I am receiving and the new way Verizon is managing my accounts, I would like out of the contracts.

Verizon

I had Verizon several years ago and did not have service at all where I lived.  I returned the phone within the allotted time.  They told me I was fine and the early termination did not apply in this case.  We were never billed by Verizon.  Several months after that my husband and I went to buy a car and was questioned about the Verizon on our credit.  I explained it to them and attempted to get it straight with Verizon.  I was told by Verizon I had to pay it and they were under no obligation to remove it from my credit.  I told them I would not pay it without assurance it would be removed.  They told me it was my life, my credit I was in no way hurting Verizon  and hung up on me.  So they didnt get my money.  I went with Alltel and have had a great experience with them.  Shortly before the merger I added my husband to my plan.  When he made calls his caller ID showed my name.  The Alltel stores closed after that so we went to the Verizon store to get that changed.  They changed the caller ID AND changed the entire account to his name and put his number as the primary.  Five months now I have been trying to get this straight to no avail.  I got cell phone service to reestablish credit and all they tell me it "what does it matter who's name it is in you still have service", I get " billing is behind it will be straight next month" and "according to what I am looking at here it is in your name" the bill continues to come in my husband's name.  They are doing all they can to force me into a Verizon contract and they are really ticking me off. But the fact is Alltel and Verizon are the only providers that have decent service in the area where I live and they are impossible to work with.  So I am in between a rock and a hard place.  Bottom line Verizon customer service sucks.

It seems like every cell

It seems like every cell phone company is out to do every one wrong,thats just the way of the world,I think we should just not buy anymore cell phones or go threw any of this,go back to just having the home phone,im not a fan of cell phones,we did just fine without them years ago.

It seems like every cell

It seems like every cell phone company is out to do every one wrong,thats just the way of the world,I think we should just not buy anymore cell phones or go threw any of this,go back to just having the home phone,im not a fan of cell phones,we did just fine without them years ago.

cancel t-mobile w/no etf

Hey everyone i just canceled my t-mobile service contract with no ETF, I got a letter in the mail stating there overage minute rate was going up to 45 cents. In order to cancel with no ETF your contract must have been activated (or renewed) service prior to June 28, 2008 and you must have had an overage with your minutes in the past 6 months. The person I spoke with was nasty but I had all my info on hand like the month I went over and what the contract stated. It took me no more then 10 mins to cancel with no ETF.

Cancel T-Mobile

I just tried to do this and the lady told me that there wasn't anything I could do! I'm so fed up with T-mobile I could scream I want out but I don't want to pay cancellation fees!

I'm done and want out!!!!!

Okay. I was a pre-existing alltel customer and loved my plan and the service i received. Since the merger with verizon wireless i've been having a number of technical issues with my phone. My texts don't go through, my calls are being dropped, and when certain people call me i can hear them but, they can't hear me! Also, verizon has stated that I should be able to log onto the my verizon account to view my account information, NOT TRUE!!!!! I had this issue before hand with alltel and even they couldn't fix the problem! It say's that my account has been due to me trying to sign in more than twice in one session. Now with verizon, when i call customer service and try and speak with them they tell me i'm not even and alltel customer, that my phone number, name or account holder does not exist. Then the rep tells me that they can't access any information on their computers! Well, if they can't access my information how can they tell me i don't exist. I called back the next day hoping for some better information and hopefully not the same sales rep i had spoken to the day before. This a**whole i spoke to was so unbelievably rude to me. He told me the same line of BS about how i'm not the account holder and my SSN # doesn't exist and they have no record of my Cell #, then says he can't access the account. So i started to question what he was telling me to which in return i was scolded like a 10 yrl od child in trouble......... I do not appreciate being lied to by a company i never wanted to be with in the first place. If i wanted to be a verizon customer i would already be one or would have been one. I didn't ask for this merger to happen and since it did i am EXTREMELY UNHAPPY with the way verizon's customer service reps talk to alltel customers! I have to say this, i called again yesterday and spoke to another girl who was actually really nice, until i told her that i understand that i am still under contract with alltel until may of 2010 but am eligible for upgrade or cancelling in 7 months. I told her that i am already ahving issues with my phone, can't stand being lied to by just about every CS rep i speak to and that no one ever asked alltel customers if we wanted to be verizon customers. She then began to patronize me and say well, your still an alltel customer, alltel still exists and nothing on your plan will change until your contract is up!!!!! BULLSHIT, my phone doesn't work properly under your 3g network, and why should i have to pay my montlky bill for services that don't work the way there supposed to! So then the rep says well, what if i just ask my supervisor if you can keep the plan you have with alltel as long as you saty as a verizon customer when your contract is up, i said NO that's not what i want!!!!! I want out of the contract and i want out now!!!!!! I ask to speak to her supervisor or a manager. She puts me on hold for about 10 minutes and says ""are systems are down and can we have your name and cell phone # and my supervisors will call you back"....... That was yesterday at 3pm and it's now 12 noon the next day and what a shock, no phone call!!!!! Someone please help me!!!!!!!

Verizon is a big Ripoff!!!

I was an Alltel customer since 1991, never had any problems until Verizon took over. First of all they cut both of my phones off without even informing me. When I contacted them, I was told it was because they cut out my plan & I would have to go with another plan. I drove 30 miles to the verizon store & was told the cheapest plan they had was 59.99. My plan with Alltel was $30.00 for both phones with 200 min. As you can tell we never use our phones unless it is absolutely necessary.I voiced my disapproval at the time but told the girl if that was all they had then I would try it. I told her that I didn't want any hidden surprises when I got my bill. She told me numerous times that all I would have to pay was 59.99 & if for any reason I was not happy I had 60 days to end my service without paying any termination fee by calling them. Well when I received my first bill, it was 132.98. I was pissed. I called verizon talked to 2 very rude reps that kept saying it was for that month & one month in advance. No matter how you add 59.99 + 59.99, it doesn't add up to 132.98. I finally spoke to a lady that was somewhat nice. she took off several charges that wasn't suppose to be on there anyway. Brought it down to 93.68. Still was more than I was told it would be. I then told her I wanted to cut my service off that day for both phones. She told me I would be charged a $200 early termination fee because I was still under a 2 year contract with alltel that would not end until Feb 2010. I asked to be transferred to a supervisor. Went through 8 different people that day & everyone of them were rude except for that one lady. Never did get to talk to a supervisor.Finally after being on the phone all day from 11:30 to 5:00 I told them that I would pay the 93.68, just cut the phones off & I was not paying a termination fee because they are the ones that breached the contract when they cut out my plan & made me go to a higher priced one, & also the young lady had told me as long as I called within 60 days to cancel my service then I wouldn't be charged a termination fee. Because I was paying for service that I would not be using in advance for the following month, I was assured that I would be given credit for it this month. Just looked at my bill for this month,says I owe them $185. they went ahead & charged me the $132.98, then subtracted the $93.68, then gave me credit for the time that I cancelled my service on 8-20 to 9-4 then charged 205 for fees. Total bill $185. This is BULLSHIT & I am not paying it.

i WISH YOU AND i AND ALL THE

i WISH YOU AND i AND ALL THE OTHER ALLTELL CUSTOMERS COULD GET TOGETHER.
mY EXPERIENCE WAS 100% IDENTICAL TO YOURS. AND I DONT MEAN JUST CLOSE, I MEAN EXACT! ITHOUGHT I MUST HAVE WRITTEN MYSELF WHEN I WAS SO DUMBFOUNDED WITH THE VERIZON IDIOCY
There has GOT to be a solution for this. WHY are all of us not getting NO signals unless they ARE closing down the AllTel Towers which they vehemently deny!
I have been told that if they cant fix my problem within a week that they will rlease me and NO early out charges.
I spent almost a solid week getting them to say that.
Let me give you a tip.
If you can live without all the fancy schmacy stuff
the prepaid NET10 phone which you can get 600 minutes to be used over 3 months for $40 bucks or so works great~! 4 bars where vewrison has NONE exact same spot in my house.
if you want to contact me mwg@q-tronics.com. WE need to fight this together!

I am prior Alltel customer that went throught the Verizon merge

I too am having the same problem as you. I have done tech support and now they want me to go to a store for tech help to confirm the phones are not working as they use to with Alltel. I am now roaming in my house from the LV to the Kitchen and have no signal at times it is hit or miss. My husband tries to call me and I can hear him but can not hear anyone that answers any of their phones this network or others. Dropped calls all the time. So frustrating. But they (Verizon ) did send out their terms and conditions agreement, under the clause of cancelling it does say of you had to accept their terms well we have not accepted anything with them but did with Alltel so I hope that may be a reason to cancel the contract. If you get an answer please let me know or if someone else has been able to get out of the contract please let me know as well. The CS rep kept saying that the $200 per line fee was out of the control since it was set by Alltel and my reply was that service provider change was out of my control so why do I have to suffer with inadequate service? She then sent me to a supervisor who wants the tech help first. We were with Alltel since 2001 and never had a problem like we do now. Looking at the site for Verison it says for FAQ go to Alltel if prior alltel customer and then when there it tells you to seek answers at verizon site it is just a merry go round with no answers! Thanks

I am a prior alltel customer & went through the merge

I am also having problems with my phone service since we have been forced to switch to Verizon. I have my phone line that I have had for 9 yrs with Alltel and never had a problem until now. I to have had horrible cell service since Verizon took over. I am not getting half my calls. I am having delayed voicemail notifaction. My caller Id has stopped working. I have tried to contact Verizon on several occassions and I have even tried to request to speak to a supervisor and the young lady would not put my call through to one. I decided since I can not get them to help me, I took it upon myself to contact the Better Business Bureau, Federal Communications Commission and the Federal Trade Commission and make a complaint against Verizon. They have been so rude to me everytime I have had to call them. It has been one thing after another since they took over. They are refussing to fix anything thats wrong on my account. These are problems that I did not start having until they took over. I do not want to be with Verizon. When I signed my contract it was with Alltel, not them. If anyone knows how to get out of a contract without having to pay the cancellation fee please feel free to let me know. Thanks. Good Luck to All.

Get me out of it!

I have a contract with Solo Mobile, and i want out! They recently stated on my bill that they are changing roaming fees, would this fall under the material adverse clause?? Thanks!

i have been with t-mobile

i have been with t-mobile forever and really cannot complain about our plan. But I can complain about the phones we have.
Many times you can call my husbands phone and it will ring once. then I can hear him but he has no idea i am on the phone. Hanging up and trying again just results in the same. T-Mobile seems unable to figure out what is wrong. If I want a differnt phone I have to wait till we can upgrade. How i get out of the last year of our contract?

T Mobile stinks

I have had TMobile for years first in NY and then in Florida when we moved here. For the last 18 months we have had continuous problems. My daughter's phone (TMobile Dash) has been defective and replaced 3 times in the first year. The phone has a history of dropping calls, not getting voice mails and text messages no internet service, and just shutting off for no reason., They will do nothing to assist in repairing or replacing it again even though it has the same problems the first 3 had. In addition, she has no cell phone service at her school (FGCU minutes from SWFL airport and a few malls and an interstate....) Although roaming has always been in our contract, that does not seem to be available at her school as AT&T/Verizon etc will not share their towers. That statement has been both verified and denied by assorted TMobile reps .My daughter is currently on an internship at the Seminole Indian Reservation in Immokalee, Florida. Of course her phone does not work, although Sprint, AT&T, and Verizon do have service (same situation at her college). According to the reps, that is our problem not theirs as she "left the area". She is less than 2 hours from our home. Isn't that the beauty of cell phones- that they are PORTABLE???? For the past few months my phone has no towers while I am inside my work. I have to go outside to make phone calls. This is Florida- it is hot outside and it rains a lot...We have spent hours on the phone with them to no avail. After a series of long phone calls to customer service, they offered to put my daughter's phone on a "seasonal hold"for 1 month without a charge or extension of the contract because she has no service. But they refused to back date the hold to when she started her internship even though we had called to report no service. We are locked into a contract till Dec of 2009 and for the most part neither my daughter or myself have reliable service. Do we have grounds to cancel this contract?

Take the pain and punish verizon after that

I'm a fed-up verizon wireless customer. I think they have awful practices and customer service. I believe their only concern in how much money they can get me to pay them (in ever increasing amounts). I want to cancel my plan and will do so within the week. I have 8 months left on my plan. If I drop my additional wireless phone line and then drop to the lowest cost plan they have (without any frills), it would cost me 39.99 (really about $46 or so after all the bogus fees and charges) per month. With 8 months left in my contract, that is $368.00. I'm going to pay the $175 termination fee. It will take $193 away from verizon in fees they would have otherwise received from me. But this still burns me badly. But I guarantee you one thing. I will make Verizon pay for this.

How?
I will warn everyone I know about their bogus termination fee and other ever increasing fees. I will tell everyone who can wait, to wait until their contract expires and then dump verizon for a better plan, any better plan ( no cell, another carrier, pre-paid, whatever). I rushed into this contract without common sense. I should have seen that any termination fee is not in my best interest. It was a damn painful lesson. And I learned it. It cost me money. It stinks but I can guarantee you it will not happen to me again (in any contract I sign in future).

End your contract. Dump Verizon and when ever you see the verizon logo. Trash them to who ever will listen. This is how to combat these big companies.
Hey Verizon..."Can YOU hear me now?"

You're an idiot

Not only does every decent phone carrier have an early termination fee, but practically every single contract (for anything) has an early term fee. Have you ever had an apartment? Gym membership? Dish TV?

RE: Your're an idiot

Ah, you must be a Verizon Customer service rep!

verizon contracts

I can't stand verizon, I've had them for years and am finally fed up with the lack of service, attitude and overall poor quality of the system. Every time I complain about voicemails showing up a day late. the have no response. Anyway, I have a 2100 minute verizon Nationwide family plan. They now offer a 10 family and friends for family plans of more than 1400 minutes. My plan is not listed. I'm not sure why my 2100 minute family plan is not eligible for the family and friends. I'm not sure if they offer my plan to new subscribers. Is there are way I can end my contract due to the fact that the lack of family and friends adversely affects me.

You're also an idiot. the

You're also an idiot. the 2100 plan IS eligible for the friends and family.

Verizon change to contract as of 05/03/2009

I just noticed this today (04/04/2009) on my verizon bill. As of 05/03/2009, they will be changing the way video and picture messaging applies. If you are on the pay-as-you-go plan, If you send a video or picture message to multiple recipients, it will charge you once for EACH recipient. If you already have a messaging bundle, it will use up ONE of your allotted messages PER recipient. If you exceed your bundle plan or are on the pay-as-you-go plan, you will be charged $0.25 per recipient.

This might be grounds for getting out of your contract using the "materially adverse" clause. I haven't tried it yet, but I'd like to hear other people's experiences.

Canceling an unlimited family plan with t-mobile

I have been a loyal customer with t-mobile now for five years and have been trying to get out of this contract for about a year now. Speaking of which this is a three line plan that is completely unlimited. There are not really any changes to my account other than the usage charges as well as the listing; other charges which is completely different every month and i have paper copies to prove it. Does this apply to the "materially adverse" clause or is there anything else i can do to get out? I have been noticing a decrease in my coverage and i can't even use my phone inside my own home now, I have been there for six years so i highly doubt it has anything to do with the home. Someone please offer me some assistance here because this is driving me nuts, and i've had it, I WANT SOME BUTTS!

alltel changes since the merger or can the merger count

I want out of my Alltel contract w/o ETC. Can the merger with Verizon be a Material Adverse Clause? Does anyone know of any recent changes in Alltel billing so I can get out of my plan?

Fact or Fiction? Sprint's Extended Deadline

It's been alleged that Sprint had extended its deadline to March 15, 2009, for its customers to object to a cost increase to its Administrative Charge, which gives the customers the right to cancel their Sprint contract prior to expiration without incurring the hefty ETFs. Does anyone know where I might be able to verify and confirm such information to be official and factual?
On March 11, 2009, I spent 2 HOURS AND 10 MINUTES on the Sprint Online Chat conferring with three different Customer Service Reps. to voice my disagreement to the rate increase, and to cancel our contract, which still has another 8 months to go, before the extended deadline. They all advised me that I was misinformed and that Sprint did not make such an extended deadline, and that customers were allowed a 30 day window to cancel without penalty. It should be pointed out that 4 months into our new contract suspicious charges started to appear on my monthly statements, where Sprint assessed long distance charges averaging $20.40 additionnally for calls made locally; as well as mobil-to-mobil charges. I wonder how many 100,000s customers get fleeced by Sprint this way?
Can anyone please provide me with the answers I am looking for?
Thanks.

I called Sprint a week ago

I called Sprint a week ago to cancel my contract w/o penalty do to the material changes in administrative fees. The rep in doing his job tried to offer me all kinds of things to maintain service. I declined and was let go out of my contract without problem.

Centennial

i understand AT&T is buying out Centennial Wireless. Does that material adverse my contract?

Centeninial wireless

I just saw Centennial wireless went from 5 to 10 dollars in late fees. Can I cancel?

Any new "materially adverse" changes for Verizon Wireless?

Does anyone have any idea if there have been changes in Verizon Wireless' contracts in the last month or two that would allow me to get out of an ETF under the "materially adverse changes" clause?
I've heard rumors of an increased administrative charge starting Jan. 1, 2009, but I can't find anything to back up that it really exists.

Is loss of corporate discount considered "Materially Adverse"?

I had a corporate discount on my Verizon account, however no longer work for that company so the discount no longer applies. This was an 18% discount so obviously it has material impact to me. Does anyone know if I could use this as cause to get out of my contract under the "Materially Adverse" clause?

It worked!!

This really does work. I talked to Sprint just today abotu the Admin. fee increase going into affect on Jan 1, 2009. Here is what I was told, "If you see a notice on your bill you will have 30 days from that bill." So, people... you need to do this NOW if you're going to do it. Also, Sprint confirmed this is grounds to cancel w/o a EFT. Hope this helps.

It Worked!

I tried calling sprint to cancel without the ETF because of the admin. fee increase taking effect jan. 1 2009 and after being transferred and put on hold for nearly an hour a woman came on the phone and very rudly stated that this was not grounds for terminating with no ETF and that all she could do was waive the fee for me for the remainder of my contract. what do i do now? someone help please...

Re: It worked!

Clarification: You said "If you see a notice on your bill you will have 30 days from that bill." The T&C's say you have 30 days from the effective date of the change not from when you are notified the change will happen.

It worked

But Sprint told me I had 30 days from the date I was notified. So, I don't know... but that's what I was told & it worked to get out of the contract. That's all I care about.

material adverse

does the material adverse clause work for an increase in Administrative charges per line. Just notifed there will an increase effective 1-1-09. We are trying to get out of our Sprint contract. Sprint keeps telling us our monthly bill is our contract and the EFT is stated there. No where on the bill does it state anything about contracts or EFT. HELP

material adverse

does the material adverse clause work for an increase in Administrative charges per line. Just notifed there will an increase effective 1-1-09. We are trying to get out of our Sprint contract. Sprint keeps telling us our monthly bill is our contract and the EFT is stated there. No where on the bill does it state anything about contracts or EFT. HELP

material adverse

does the material adverse clause work for an increase in Administrative charges per line. Just notifed there will an increase effective 1-1-09. We are trying to get out of our Sprint contract. Sprint keeps telling us our monthly bill is our contract and the EFT is stated there. No where on the bill does it state anything about contracts or EFT. HELP

Canceled Suncom contract when they merged with Tmobile

This site was helpful in giving me leverage to cancel my contract with T mobile. I originally signed a contract with Suncom but they merged with Tmobile about 8 months into my 24 month contract. T-mobile was not able to match the plan that Suncom offered and they screwed up my bill for the two months I remained with them. Without mentioning the "Material Adverse" clause I was able to cancel without a early termination fee.

SUNCOM to TMoible Switch and incorrect Charges

Please help tell me how to get out of this contract. I was a Suncom customer that was switch to TMOBILE. I had no information as to what my plan was until the very first bill. I called to find out that I was a 5 state regional plan and lost my free 300 roaming minutes i had with SUNCOM. I was told I had till 11/30/2008 to decide to stay with TMOBILE without penatly. I was told my new plan was the amount I saw on the billing. 49.95 for the account and 20.00 for free texting. NOW the end of DECEMBER my charges have change from 49.95 to 79.99 without any notification except a bill. I called and am told a mistake was made and that I had no recourse and if I elected to cancel I would be charged $175.00 cancellation fee. THIS IS ILLEGAL and completely unfair. Please tell me how to approach this issue.

Getting out of contract

Keep going up the chain of command. Keep mentioning that the contract has been changed from its original form and that you DO NOT AGREE with the changes, invoking the Material Adverse Clause. Keep asking for the next level supervisor until you hear the answer you want. Don't give up!

Canceling my Sprint plan

On Sept 1st I purchased a new phone with Sprint and extended my contract for another 2 years. Less than 24 hrs after the purchase, I saw the same phone advertised by Sprint as "buy one get one free." Sprint refuses to honor their ad and give me another phone. Can I bring back the new phone and cancel the contract, or am I out of luck because it wasn't a new contract, but an extension of my previous contract? I've been a loyal, paying customer since 1995, and this is the way they treat me for 13 years of loyalty?

Just so you know i am a

Just so you know i am a Sprint Representative and at the time of purchase you have to activate both phones, it is not buy one get one for free unless two people are getting new phones, not just one!

Alltel is Unfair also

My phones were going out on me and I had less then 45 days on my contract left. So I called them and talked for about 90 minutes. After discussing that I needed phone service but would not buy new phones since that would lock me into another 2 year contract, I decided to say good bye to them. After changing my rate to minimum and paying them for another month of service, I told them, I was willing to pay at that time the rest of the monthly fees for my contract, (11 days) which they said I couldn't pay a partial month and they could not accept my money for the last month because the bill has not been figured out yet. But I made it clear I needed phone service and would have to goto someone else. They still put on an early termination fee of $200 each line and $36 tax even though I paid the last month of service putting me over 2 years of paid service just because I ported my numbers over a few days early. This is defiantly against what is right. What happened to loyalty of companies who you give your hard earned money to for 6 years? Now I am getting harrassed multiple times a day by them because I refuse to pay them this early cancellation fee. The idea of the early cancellation fee is to make sure the company doesn't lose money when they give you the equipment for free or at a significantly reduced cost. I paid for 2 years of service, whether I used it or not should not make a difference.

"Material Adverse" Clauses - Temination of Services

After bit of a hassle and requesting to talk to a manager I was able to walk away from a Sprnt contract and the subsequent $400.00 termination fee for two lines of service. The rationale was based on the increase of text message minutes.
I've been notified by my new carrier, US Cellular, that they intend to increase Text Message minutes, and plan to walk away from the contract for a 2nd time.

sprint roaming rate change effective 8/1/07

http://consumerist.com/consumer/cellphones/cancel-sprint-without-early-t...

It looks like sprint customers with roaming have an out : )

RE:Get out of a cell phone contract early with celltradeusa.com

FYI: I learned of celltradeusa.com from your page and I wanted to let you know that I had success getting out of my contract early without paying the early termination fee...

Thank You :-)

verizon changing roaming coverage

verizon is changing the roaming coverage in mexico which is part of my North American callinf plan. They said that their partner in Mexico is disassembling their network and its not their fault. I want to cancel my plan without a cancellation fee and they have refused. I have called for the last 3 days in a row to no avail.

I talked to customer service every day for the past three days and every call they come up with some feeble excuse why the won't abide by their contract.
Customer service rejections.

supervisors,
Corby Ext # 4308
Leslie Est# 7188
John Ext# 2706

reply: cancelling verizon contract due to mexico roaming changes

Sorry to hear your cancellation attempts have been unsuccesful. I was thinking of trying the same as I could not be more dissatisfied with verizons service. However, I have the Americas choice family share plan and not the North american calling plan so I am not sure if I would have even enough leverage to negotiate.

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