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Get out of your Tmo contract, no ETF, RIGHT NOW (if you wanna)

cubbie1423

Jun 26, 2008, 2:02 PM
This is from consumerist.com


Want to get out of your T-mobile cellphone contract without paying a $200 early termination fee? Now you can. T-mobile is raising its text message rates August 29th to 20 cents per message. This counts as what is known as a "materially adverse change of contract." Under standard contract law, if one party changes the terms of the agreement in a way that financially harms the other party, then the contract is void. If the contract is void, so is any stipulation that you be charged a fee for breaking it (especially as technically they broke it first). You will have much better success arguing its a materially adverse change of contract if you are not currently in an unlimited text message plan. You don't have ...
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xjittianx

Jun 26, 2008, 3:40 PM
I can't afford 5 cents! I'm out!
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robtheman

Jun 26, 2008, 7:24 PM
I imagine that T-Mobile will do what the other carriers do when they raise their rates like this. Send out a letter informing the customer of the price change giving them a specific amount of time to respond with dissatisfaction. I don't think this method will be effective for very long.
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learninghome

Jun 26, 2008, 9:58 PM
I have unlimited messaging! What would be a good choice of words here? Do we have time to drop that and then say that we can't afford the difference or something?
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cubbie1423

Jun 27, 2008, 12:29 PM
So do I... well, I did up until last night. I'm switching to the 1000 text plan, and I'm going to email customer service next week. I want out of my contract, but I don't want to cancel just yet.

I'll report back on if it works or not
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learninghome

Jun 29, 2008, 3:16 PM
That would be very helpful, thank you!
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llama

Jun 29, 2008, 5:52 PM
if you're switching to the 1000 pkg, then you are accepting the new terms...
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tmob08

Jun 27, 2008, 3:46 PM
yeah usually when something like this happens the company has policies and regulations on how and what you can do to get out of the contract; like if you have overage because you went over 1000 text. or becasue you have no text msgs at all. if not, usually you cant cancle. also its not to go to month to month. its to only cancle the account and service.
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wombough

Jun 29, 2008, 3:53 AM
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,

I stoped at the important line. It has to affect you. If you have unlimited messaging it does not. Grow up. People and live to what you sign!!
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Pious Goddess

Jun 29, 2008, 7:05 PM
Ha, funny. I remember getting a call in which I work for AT&T who wanted to cancel with no ETF because he did not want to pay $0.20 per a message sent and receive in which all customers were notified up until the time it happened. He said he has a contract with us saying it was $0.10 per a message sent and received. Which changed long ago because, before the $0.20 it was $0.15. So at this point he started escalating after I told him I could not waive his ETF, that the pay per use pricing on sms, mms is subject to change as stated in his contract and is not contractual. And so did the people above me in which he escalated to... Sure he got one small credit but after that it is his choice to go on a plan or stay with ppu.
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skaii

Jun 30, 2008, 12:03 AM
I agree totally. It's stated right there crystal clear in the terms of EVERY wireless carrier that prices are SUBJECT TO CHANGE WITHOUT NOTICE! Get real people. Or get a landline. 🙄
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skaii

Jun 30, 2008, 12:34 AM
Just to clarify:

AT&T

If you have a voice-capable device, unless you request voice blocking, select a data plan that restricts voice access or select a qualified voice plan, the default rate for voice calls on the AT&T's wireless network are 40¢ per minute and 69¢ per minute for domestic roaming voice calls off AT&T's wireless network (rates are subject to change without notice).

Verizon

You agree to pay all access, usage and other charges and fees we bill you or that the user of your wireless phone accepted, even if you weren’t the user of your wireless phone and didn’t authorize its use. These include Federal Universal Service, Regulatory and Administrative Charges, and may also include other charges rel...
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skaii

Jun 30, 2008, 12:39 AM
Sorry, posted AT&T terms for voice, not data (including text usage). 🤭 Here's data:

Some Services may require an additional monthly subscription fee and/or be subject to additional charges and restrictions. See applicable rate plan materials for complete pricing and terms. Prices do not include taxes, directory assistance, roaming, universal services fees or other exactions and are subject to change.
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Pious Goddess

Jun 30, 2008, 5:47 AM
Frankly, if they don't want a contract they should just buy a phone at retail price.
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dinosaur101

Jul 1, 2008, 11:39 AM
Spoken like a true T-mobile employee douche I will live up to mine when they live up to theirs. U throw that out like T-mobile or any sell phone providers never do anything shady or deceptive. I got news for you buddy changing the price after someone signs their contract is not living up their end of the bargain they cant put stuff their like
'we reserve the right to do whatever we want and screw you on service fees as much as the law will allow and jumble the fees up so you dont have any idea what the fees really are'

language like that in a contract is really not helpful to anyone but the carrier so go back to your sales rep job at T-mobile and suck it.
Leave all these other people alone that are unhappy with their carrier and the b...
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T-Mob

Jul 1, 2008, 5:02 PM
First it is spelled cell, which is short for cellular, not sell phone. At least know what you are talking about. It is a freakin nickel, if it is that big a deal give me your address and I will send you one. The SMS prices have not been in the T&C's when you buy through telesales and they have been re-printed here exactly how they read when you recieve your package. If you actually read them and had a problem you should have cancelled. You had twenty days. It is an added feature, texting is not vital to your plan. Lastly what is with the name calling. Perhaps you should start acting like an adult, it makes your point a little more valid.
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wombough

Jul 2, 2008, 2:50 AM
If you read my profile but that would mean doing some research and that is almost like reading a contract no one does. If you don't like the way it reads dont' sign it. And as for me I am a Marine in Iraq. I do not sell phone serivce or whatever you think I do.

You show just how imature people are. Maybe you should read a contract and if you put your name to it that means you agree no matter how stupid you think or what you think about it. If you don't you don't sign it. Its so simple its stupid.

Now if you use per text messaging then you have a point as far as I am concerned regardless the argument that its not part of the plan. But if you have a text messaging plan it does not apply to you so why would they canceal your contract? P...
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tmob08

Jul 2, 2008, 2:45 PM
and also at some point this month tmobile is planning on launching a system that is going to be able to block text msgs so you wont be charged anything unless YOU physically send a message from your phone. but i think you will be able to blcok that also
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