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Getting out of ETF

altryan

Sep 21, 2008, 12:21 PM
So U.S. Cellular changed their Pay as you Go text message rates from $0.20 to $0.25.

My question is, does USC Terms and Agreements allow for a Materially Adverse Change of Contract, similiar to what Verizon had last year? I have been trying to get out of my contract for sometime as I am no longer in the calling area.

When I signed the contract I was on pay as you go texting and used it on a regular basis.

USC Peeps, is there a materially adverse change of contract clause in the terms and conditions? If so, I would love to get out of this damn contract.
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WonderGrunion

Sep 21, 2008, 12:27 PM
Texting, particularly pay-as-you-go, is an optional feature. There is no contractual obligation to keep it or use it. As their is no contract for it, there is no contract to breach.

Having said that, US Cellular now pro-rates their ETF fees. Call customer service at 1-888-944-9400 and find out what it will now cost you to terminate your contract. 😁
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altryan

Sep 21, 2008, 12:32 PM
But thats part of the included features. And when I signed the contract, a difference in rates could affect my decision to sign the contract or not. It was listed in the brocure and I was told that .20 a message was my rate. Changing that rate is a breach of contract, is it not?
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WonderGrunion

Sep 21, 2008, 1:00 PM
It's part of the 0ptional,/b> included features. No optional feature is contracted for use. Hence no breach of contract.
The key point is that you ,as a consumer, suffer no penalty from the service provider for discontinuing use of this service. As such, there is no material breach as listed under terms of service. This is the same reason that USCC allows its' customers to continue to use long discontinued plans, because changing the charges for those while under contract would be a material breach.
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altryan

Sep 21, 2008, 7:27 PM
From the Terms of Service:

“Material Changes” shall be only those changes that result in an increase to the rates that we charge you for services under your Price Plan as specified in your Service Agreement.

On my contract, services UNDER my price plan are pay as you go text messaging.
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stinkercole

Sep 21, 2008, 10:16 PM
Let me ask you this

Do you text?

and if so how many?

if you do not txt, then why worry about it?

If it is such a big deal get on a txting plan you still get incoming txts FREE theres 250 for 4.95!

If your looking to go to another carrier, good luck getting that kinda deal they charge .20 for incoming and outgoing.

and NO they will not let you out of your contract!
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Kentucky Jelly

Sep 21, 2008, 10:53 PM
I sense a class action coming in... Ask any attorney, he says breach of contract black and white easy to get out of.
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altryan

Sep 22, 2008, 10:36 AM
Precisely.

I am supposed to get a call back from a retention representative today. I argued on the phone for about 45 minutes yesterday.

I will keep you posted on how this turns out.

And just because USC is being a pain in my @$$ and not honoring their contract, I will be sending this info out to The Consumerist and filing a consumer complaint.

"Believe in something better..."

Like jacking your rates to outrageous amounts and than not honoring the terms of your own damn contract? That is NOT something I believe is better. At all.

Good luck USC, your time for being bought out is coming soon. Very soon.
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altryan

Sep 22, 2008, 10:44 AM
And for the record, its not a matter of money, its a matter of principle.
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WonderGrunion

Sep 22, 2008, 11:23 AM
and praying this works. Don't disguise your motives with mock nobility. 🙄
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Cellsman55

Oct 9, 2008, 10:19 PM
If you understand your contract so well then you should realize your WRONG. LOL all companies if not yet will be soon raising text prices because the usage of texting has went so high up. And USCC gives you free INCOMING, your seriously to hard to please and should find you a carrier with a "cool" phone and larger rates! 😛
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8091nafsbuc

Sep 22, 2008, 12:24 PM
US Cellular employee here... I feel your pain. I did the same thing when my Sprint did this a couple of years ago on my wife's phone.

Legally, I personally think you would win if you pursued it. It is a change in the price plan that you agreed to, eventhough not a major change.

With that being said, when you factor in that incoming text messages are free, it isn't that unfair of an increase. If you send the same amount of text that you receive, on averagem your paying 12 1/2 cents per text. Much less expensive than any of our competitors.
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altryan

Sep 22, 2008, 12:26 PM
Absolutley I don't disagree with that at all. I just dont use the line anymore, so why wouldn't I take advantage of a loophole in the Terms of Service that US Cellular provided?

Thats what it comes down to. Also, its fun winning one, the whole David vs. Goliath mentality.
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8091nafsbuc

Sep 22, 2008, 12:35 PM
I know what you mean. Let me tell you, I was thrilled when I was able to get out of wife's contract. Sprint shafted me several times on my bill and I had nothing I could do about it, until then!

Godo luck.
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altryan

Sep 22, 2008, 12:36 PM
Thank you
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USCellKids

Sep 27, 2008, 3:38 PM
I was looking in some of the papers for USC and found this in the "Services Pricing" brochure (texting, pic, data plans): "Prices subject to change without notice, other restrictions may apply."

I know it suck that they raised the prices.
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altryan

Sep 27, 2008, 3:42 PM
That's not part of the contract. That's called advertising. Two didderby things.

And yes I got out of the contract with no ETF.
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USCellKids

Sep 27, 2008, 3:44 PM
Hey Congrats!
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motosux

Sep 22, 2008, 4:30 PM
at first I didn't like this posting as it sort of seems like you are just whining about a $0.05 jump in text messaging, which you aren't even using on the line you wish to cancel, but after thinking it over, I'm glad you are trying to beat the system and wish you good luck in doing so.

USCC came out with mythos only a couple months ago, and since then felt the need to increase phone prices, bring back activation fees, and increase text messaging. So much for putting the customer first....I think its far more about putting profits first.
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WonderGrunion

Sep 22, 2008, 11:25 AM
and none of your time would be wasted. After all, "It's not about the money"
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altryan

Sep 22, 2008, 12:17 PM
its about US Cellular Breaching the terms of service. I did not write your companies terms of service. This ability to terminate was granted by US Cellular.
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WonderGrunion

Sep 22, 2008, 11:31 AM
and you're complaining about USCC's customer service? 🤣 🤣 🤣
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altryan

Sep 22, 2008, 12:22 PM
I sell Sprint, AT&T, and T-Mobile. And I never said Sprint's Customer Service is top notch.

And BTW, I have 5 lines with USC and I am only cancelling ONE.

For fun.
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altryan

Sep 22, 2008, 12:24 PM
also,

I dont really need the line anymore, so why not take advantage of this while I can?
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Masked Avenger

Sep 23, 2008, 8:02 AM
Class action? You have to be able to prove that the text rate increase is materially adverse. If a $.05 increase in a pay as you go option, which is not a necessity, is affecting someone's ability to financially remain obligated to the contract, that peron shouldn't have a cell phone to begin with.
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altryan

Sep 23, 2008, 9:35 AM
Where in the terms does it state there is a minimum amount to be considered adverse.

None.

The contract states that if there are changes that the consumer does not agree with than they have a right to terminate with out penalty.
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motosux

Sep 23, 2008, 11:28 AM
As stated yesterday, I agree you should be allowed out if you really want out that bad, but mentioning a class action lawsuit over a $0.05 increase in an optional feature was a bit over the top.
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altryan

Sep 29, 2008, 8:06 PM
i never suggested a class action law suit!
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imnotu

Sep 23, 2008, 11:06 AM
Can someone clarify a point - I recently stopped into my local store and was told that all customers that had a text plan or text code on their account when the increase went into effect were grandfathered in at the old rate. The increase was for customers new to the text feature...is this true?
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motosux

Sep 23, 2008, 11:26 AM
If you had the unlimited family text package for $19.95, then you are grandfathered in and are able to keep it (rather than being placed onto the new $24.95 unlimited family text package).

If you were on the $0.20/message pay as you go text plan though, then you will now pay $0.25/message outgoing (with incoming still being free).
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