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This sucks for me because my contract is expired ages ago and I have put off upgrading for a while because no money for new phone/nothing really I wanted anyways.
This wouldn't work if I upgraded and renewed for 2 years for a free phone now, and then called and terminated, would it?
I wonder if I can still call and complain about the increase and get a small break on my cell bill.
edit- Btw, if you are planning to cancel make sure you sign up for another company first in order to port your number over otherwise when you cancel the number will be recycled and lost forever.
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5385 Posts
On June 23 2009 09:48 CharlieMurphy wrote: This wouldn't work if I upgraded and renewed for 2 years for a free phone now, and then called and terminated, would it?
Haha no, only applies to existing contracts before june 10
On June 23 2009 09:48 CharlieMurphy wrote: edit- Btw, if you are planning to cancel make sure you sign up for another company first in order to port your number over otherwise when you cancel the number will be recycled and lost forever.
Oh yeah I forgot to include this. Definitely SETUP the transfer to the new company first! If it's just going to be T-Mobile again, you can just call back and setup the new service (probably in the same day?)
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Last post in that thread seems that the laws/rulings have changed from previous times where T-mobil and other cell companies have had these price increases.
I called and debated for about 30 minutes with a cancellation agent and their supervisor. Got a callback scheduled with supervisor's supervisor but I don't hold out much hope. They quoted article 5 Show nested quote +Quote : 5. Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE CAN CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THESE T&Cs IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, OR IF A CHANGE INCREASES YOUR SET MONTHLY RECURRING CHARGE(S) (the set amount – which does not include overage, features, optional services, taxes and fees – you agreed to pay each month for at least a one-year Term), WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS NOTICE AND YOU MAY TERMINATE YOUR SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY) BY NOTIFYING US WITHIN 30 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 30 DAYS, YOU ACCEPT THE CHANGES. and article 11:
Quote : 11. * Taxes and Fees. You agree to pay all taxes, fees, and surcharges (“Taxes & Fees”) imposed by the government. We may not always give advance notice of changes to these items. To determine Taxes & Fees, we will use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct PPU, or provided us with an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default PPU.
You agree to pay all other charges we assess to recover or defray governmental charges or costs we incur in connection with the services we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts taxes, without regard to whether these governmental charges or costs fund programs that provide benefits to you or in your location. These charges are not taxes or regulatory fees imposed directly on you, nor required by law to be billed to you, may be kept by us in whole or in part, and the amounts and what is included in these charges are subject to change without notice. So, the supervisor's argument was that Taxes and Fees are defined as anything charged by the government. And then in article 5 it states that those don't count. But the second paragraph of article 11 is weird, because the first paragraph defines "Taxes and Fees", then the second paragraph goes on to say that anything else by the gvmnt will be passed on to you. That's what this fee is. So it's kind of unclear. I told the supervisor that this happened years ago and he agreed that it was cause for waiving ETFs, but he said that this year the gvmt did something to change that, leaving the collection up to the individual carriers. Now that I think about it that doesn't make sense, so I might have misunderstood it. Lastly, he said that there was a response to this exact situation in their computers (we aren't the first ones) and it is pretty black and white. I really don't know what to do. I really want a pre. The cancellation agent offered me $10 off my bill and free myfaves, but I would have to extend my contract. No thanks, I don't like tmobile anymore.
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I wish I was under contract so I could try my hand at this and give some definitive research to this.
I'm sure Xcetron would be interested in this thread.
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T.O.P.
Hong Kong4685 Posts
I'm under contract but a lot of people on slickdeals are saying it doesn't work.
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5385 Posts
On June 23 2009 10:24 T.O.P. wrote: I'm under contract but a lot of people on slickdeals are saying it doesn't work. Those people are trying the easy way: 1. call and say you want to cancel 2. expect the rep to say "OK! no fee! have a great day"
Getting out of contract will take a lot of paience and persistence. THEY WILL FIGHT YOU and force you to speak to a supervisor, who will then tell you it's "just a tax" and not a fee.
But the fee is more than the government tax, so it is legally a FEE. If t-mobile changes the rates of the fees on the contract, you have a right to cancel no matter what. Just keep saying you do not agree with the increase.
If you're bad at bantering or don't like to be on the phone for a while, then it's probably not worth it to you.
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yea, you have to sell the salesman basically.
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Hm I've been on T-mobile for three years. One year, then after that month-to-month. Until recently I gave them a call and somehow got into upgrading my phone.. before they sent me a newer phone they had me agree to a 2-year contract, thats fine.. I know I'll stick with T-mobile anyways, I like my cheap unlimited data plan.
However, my new phone was defective so I sent it back within 2 weeks after receiving it through buyers remorse. I'll get my friend's phone instead, for free since she changed her service and has had her old phones laying around. I'm not sure if that will not only cancel my additional monthly fees to pay off the new phone but also cancel the 2-year contract? hmm..
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