TechieSooner
Supreme [H]ardness
- Joined
- Nov 7, 2007
- Messages
- 7,601
Anyone who wants it, thought I'd pass this on. This could also be used to probably get free stuff (they'll offer to give you stuff to keep you with them). But mainly, this is for folks that want out of contract.
You'll have 30 days from 1/1/10 (Or from the time your bill shows these new items) to terminate.
They're changing their terms of service on 1/1/10. You can say you don't agree to the new terms, and cancel as well. I'd try and exhaust this route first (find the part in the contract that states if it changes- it's grounds for termination). This is going to be the easiest route to terminate, but if you get roadblocked by different reps, try the regulatory service fee route:
Else, the rest of this deals with terminating it based on the regulatory fee, which is also increasing 1/1/10 ($0.40 increase, but an increase nontheless, read on).
1. You need to realize this regulatory fee is a fee that the government charges to Sprint. Not you, to Sprint. The thing is, Sprint opts to pass this charge along to the customer. If they didn't do that, this wouldn't work, but since they do, it is a charge Sprint assesses. You need to show the rep in the contract. It's clearly spelled out that they assess this charge to you the customer. This is in the Surcharges section:
3. You then need to point them to the place in the contract that states anything that has a "materially adverse affect" can be early termination grounds. This increase in fees has had a materially adverse affect. "When you don't have to pay ETF" section of the contract:
4. Probably the toughest part- obviously the rep will question that forty cents is materially adverse. At this point you just need to do some salesmanship. Tell them you weren't aware they had copies of your financial records, they have no idea what your financial status is, etc, etc, etc... Sell the point that you can't pay this additional fee.
After that, you're out of the contract.
You'll have 30 days from 1/1/10 (Or from the time your bill shows these new items) to terminate.
They're changing their terms of service on 1/1/10. You can say you don't agree to the new terms, and cancel as well. I'd try and exhaust this route first (find the part in the contract that states if it changes- it's grounds for termination). This is going to be the easiest route to terminate, but if you get roadblocked by different reps, try the regulatory service fee route:
Else, the rest of this deals with terminating it based on the regulatory fee, which is also increasing 1/1/10 ($0.40 increase, but an increase nontheless, read on).
1. You need to realize this regulatory fee is a fee that the government charges to Sprint. Not you, to Sprint. The thing is, Sprint opts to pass this charge along to the customer. If they didn't do that, this wouldn't work, but since they do, it is a charge Sprint assesses. You need to show the rep in the contract. It's clearly spelled out that they assess this charge to you the customer. This is in the Surcharges section:
2. You need to establish that your costs have gone up. This is easy enough, Just look at the fee from the Dec 2009 bill and then the new Jan 2010 bill- easy to see.Surcharges aren't taxes or government mandated charges; they're charges we choose to collect from you. Surcharges are subject to change, sometimes on a monthly or quarterly basis. Examples of Surcharges include, but are not limited to: Universal Service Fund,
3. You then need to point them to the place in the contract that states anything that has a "materially adverse affect" can be early termination grounds. This increase in fees has had a materially adverse affect. "When you don't have to pay ETF" section of the contract:
At this point they might also point to this portion of the contract: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.
That's going to be the tricky part, but IF they bring this up (Most of them haven't read it, just like you haven't read it, either, so don't bring this up if they don't). You just need to say you're happy to pay any taxes or government fees you owe by Federal Tax Code Law, however this fee is something SPRINT owes the government, not you. And Sprint has opted to charge you for this- which makes it part of their regular service charges (point them back to that section of the contract again- where they state they assess this to the customer), and since Sprint is charging you for it- it's materially adverse.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.
4. Probably the toughest part- obviously the rep will question that forty cents is materially adverse. At this point you just need to do some salesmanship. Tell them you weren't aware they had copies of your financial records, they have no idea what your financial status is, etc, etc, etc... Sell the point that you can't pay this additional fee.
After that, you're out of the contract.
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