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What constitues breaking the contract?

mallbound

Feb 8, 2007, 7:49 PM
I just got done with a customer who was misinformed about a discount for their spouse being retired military (actually they get no discount as it has to be active duty, anyways). They told me that the reason they werent getting a discount was because cst care had told him their spouse who was the retired military wasn't the primary account holder (true but usually we will allow married couple to still go ahead with it). But because this wasn't true we broke the contract first so they should be able to get out of the contract without paying the early termination fee. Plus if they were to take this to court they would win.

Does anybody actually read the said contract?? It says mandatory arbitration plus it has no details whatsoever abou...
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ralph_on_me

Feb 8, 2007, 7:51 PM
Excessive off Network usage where we call up the Customer and say, "Hey, we're shutting off your service next week. Nice knowin' ya."
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Crapbag

Feb 8, 2007, 7:54 PM
I think they charge ETFs now for that being it is listed in the TOS. 😕
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mallbound

Feb 8, 2007, 8:01 PM
Holy cow! We get people in our store all the time that get those kind of letters. Just teaches you to read the Ts&Cs I guess.
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Nikoletta

Feb 8, 2007, 9:07 PM
We don't.
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Crapbag

Feb 8, 2007, 7:52 PM
mallbound said:
So my question is, for you guys, what constitutes the "company" breaking the contract? or just more fun stories, those work too

I honestly couldn't tell you, I can say that in the case of a foundation discount, there is no literature stating that a said customer will receive the discount.
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mallbound

Feb 8, 2007, 7:58 PM
Actually on our plan worksheets that we give the customer, their plan details are on there as well as a spot on it for employee discounts(being an employee of such and such discount). Granted on the actual contract it says nothing concerning discounts for anything. Hmm makes me actually kinda wonder if indeed the rep put military discount and the 15% on there anyways. Half the time we don't. We all know how well verbal contracts hold up without any non biased witnesses. For all i know all he said is that their spouse is in the military when in fact they were retired AKA not in the military anymore.
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captainplooky

Feb 8, 2007, 8:15 PM

There was a previous loophole allowing people out without an early termination fee if we raised our rates to an already existing plan (the infamous text message increase anyone).


A loophole implies an unintended consequence of wording.

It is not a loophole.

By your reasoning, the contract holder should increase rates by any amount they choose and the customer would be required to pay it? Come on!


The only legally binding contract our customers ever sign is the slip of paper saying they will keep our service for two years. That's all.


Are you saying the Terms and Conditions aren't valid?
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mallbound

Feb 8, 2007, 9:12 PM
captainplooky said:

A loophole implies an unintended consequence of wording.

It is not a loophole.

By your reasoning, the contract holder should increase rates by any amount they choose and the customer would be required to pay it? Come on!

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Are you saying the Terms and Conditions aren't valid?


I was only referencing the fact over a small change in pricing byt eh company aka EXTRA text messaging fees. As long as it isn't a part of the base plan they pay for the company should be able to change casual rates without letting people out. Chagne the base plan, yeah that's def note kosher. And of course teh contract says you (boht parties) have to abide by the T&Cs. If indeed this other rep...
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captainplooky

Feb 8, 2007, 10:32 PM
I wasn't commenting on the other rep or the situation in general, I just found the comments I highlighted interesting and decided to make a query.

What I don't understand is when a company uses a contract to their best advantage it is acceptable, however, when a customer does the same they are trying to do something deceitful.
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aavera

Feb 8, 2007, 10:48 PM
You did not seriously have Niki's portion of the thread removed... 🙄
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alejandro

Feb 8, 2007, 9:16 PM
While I am usually first to side with the customer that is just the customer hearing something wrong, something not happening from the get-go and the company not breaking anything. That is not raising rates, that is not taking away a discount or changing discounts although im sure that can happen because verizon has changed my moms city employees discount from a dollar figure to a percentage and she got less of a discount from them on.

Plooky wants to talk about terms and conditions if this was just a miscommunication about active duty and retired between the sales person and the customer the terms of services usually say that the company is not liable for what the sales person says.
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captainplooky

Feb 8, 2007, 10:28 PM
Actually I think my post clearly relays what I thought.

I found his "loophole" reference interesting.

In addition, I'm aware of the disclaimer in regards to representatives claims. I don't like it, because it fails to hold representatives accountable for sleazy tactics.
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alejandro

Feb 9, 2007, 9:47 AM
loophole smoophole, you are missing the point. That is also 50/50. It is also to protect the company from being liable for sleazy tactics and honoring "100% off" discounts that a customer just made up because "your sales person told me i qualified and now you are telling me something different!"
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texaswireless

Feb 9, 2007, 5:37 PM
I did not even need to scrol down to know his replies would be all over this thread.

I am curious if the plookster actually gets aroused when he sees this stuff.
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chainsaw

Feb 8, 2007, 10:50 PM
Always a marine.

keep the discount!
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biznass

Feb 9, 2007, 10:14 AM
If you actually read the terms and conditions (I think they come in the box with the phone), it is airtight. Even with the text messaging thing, they had to have cancelled service within 30 days of receiving notice in their bill (which was 3 months before the price actually changed and no one reads their bill anyway) OR you could not have sent or received a single text message after the day the rate increased.

The contracts are air tight. And anyway the discount is a courtesy, it has nothing to do with their actual contract. And anyway, just give them the discount. Who really cares? At my store they made you photocopy ID and the proof of employment, and we didn't do that in KS did we? After a couple of months I just stopped doing it. It'...
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kiosk_hell

Feb 9, 2007, 6:00 PM
We don't make photocopies. And I was under the impression that we could give discounts to retired military...I think John told us that but I could be wrong. I'd give it to the old dude anyway.
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mallbound

Feb 10, 2007, 12:11 PM
John was the one who activated him so i sent him back to him. The main reason I didn't want to give it to him was because he was getting lippy with me. Act like a d-bag and I'm not going to be nice 👿
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PhoneHero

Feb 9, 2007, 3:41 PM
FAN discounts are not apart of your contract, they can be removed at anytime by cingular or the customer, it doesn't allow them to break the contract without fees.
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dalily21

Feb 18, 2007, 3:25 PM
This is what I tell em about their employee discount, features, etc....

When you add a feature does it extend your contract? No, therefore the feature is not built into your contract. Get over it already
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txsolitaire

Feb 18, 2007, 3:30 PM
don't necro post
thanks
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