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5GB Limit and Other Key Provisions of the Terms & Condit

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Droford
EVDO Fledgling


Joined: 08 Aug 2007
Posts: 22

PostPosted: Wed Jul 16, 2008 3:07 pm    Post subject: Reply with quote

I got my paper bill for June 4 to July 4 and theres nothing about caps at all on it and I didnt have anything about the cap in my previous paper bill either. Under Sprint News and Notices Ive gotten the same Hearing Aid Compatibility notice twice now but no cap notice or terms of service change.
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ebiz
EVDO Junkie


Joined: 25 Oct 2006
Posts: 371
Location: Reno, NV

PostPosted: Sat Aug 02, 2008 8:56 pm    Post subject: Reply with quote

Animagix wrote:
Just done with a sprint tech. They said I had a 60 day window to terminate my account without being penalized from when they made the contract change. To my knowledge, I was never informed... I'm going to eat the $150 termination fee and not deal with sprint ever again... I don't think it'll be long till no one will ever have to deal with them ever again... I tried to make my case with them, but i kept getting the "we're sorry this has inconvenienced you" drone...
Animagix, Sprint loves it when people who should not be charged quit and accept it. You're merely proving to them that the tactic works. I don't waste time with on the phone with CS. oo many unknowledgeable or incompetent reps. Email is much easier AND you have a paper trail. Here is a sample message. Just cut and paste, then change the dates.

This message shows exactly where on the bills the notice appeared, for those who received it. Just check the PDF versions of May and June in your account area. If the date on the bill was on or after June 1st (or you were never notified), you win. If the notice was on your May bill, you're out of luck.

Heck, if you don't care about the $150, give it to charity. But don't encourage Sprint to perpetuate this behavior by giving it to them.

If Sprint does not answer or comes back with some BS, just reply and and ask who to contact to initiate arbitration. They'll buckle in a minute.
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Animagix
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Joined: 12 Mar 2007
Posts: 27
Location: New York City

PostPosted: Tue Aug 05, 2008 2:18 pm    Post subject: Reply with quote

Just got off the phone with a sprint supervisor (who sounds like an f'in d0uche) named Jarred. Said I should've received a letter in the mail and had 60 days to cancel service. He was being extremely rude, wasn't helpful at all and basically told me I had 60 days from that notification, kept saying it over and over like a broken record. Asked if it was possible if the post office lost it, why didn't I get an email or phone call, especially when contract was being breached. I asked him why the F would I wait 72 days to cancel it if I had known about it since may (which like I said, had no idea)

I'm going to try to send that email, thanks bud.

BTW, ebiz, that sample letter was to cancel within 30 days of notification. Anything I should write differently in my case?

thanks,
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ebiz
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Joined: 25 Oct 2006
Posts: 371
Location: Reno, NV

PostPosted: Tue Aug 05, 2008 7:47 pm    Post subject: Reply with quote

Animagix wrote:
...Said I should've received a letter in the mail and had 60 days to cancel service... BTW, ebiz, that sample letter was to cancel within 30 days of notification. Anything I should write differently in my case?


You should look at the PDF files of your May and June bills to insure you were not notified of the 5 GB cap in them. If you were not notified, send a MESSAGE to Sprint like the one below.

You should also write a message a separate thread in this forum and in Buzzaboutwireless.com asking if ANYONE received a letter in May or June notifying them of the cap (as oppose to receiving notice in their bills). The only notices I have heard of in May and June were from the bills. If no one acknowledges receiving a separate letter, the Sprint rep was probably lying.

If Sprint does not cancel you without and ETF based on the message below, you can write another message informing Sprint that no one on evdoforums.com or buzzaboutwireless.com appears to have received letters in May and June. All others were notified in their bills, although you were not. You therefore wish to enter arbitration as it appears Spint's CS rep misrepresented the truth about the letter. Sprint won't want to go there.
----------------------------
To: Sprint Customer Solutions <ecare1@cc.sprintpcs.com>
Subject: Cancellation of Mobile Broadband Service for xxx-xxx-xxxx [broadband number]

I was first notified that the Sprint Terms and Conditions (T&Cs) had changed to include the new 5 GB cap on data usage in a telephone conversation with a Sprint CS rep on July xx, 2008.

The change from unlimited data to a 5 giga-byte limit is "materially adverse" to my anticipated service. Therefore, under the T&Cs provisions of the paragraph entitled "Our Right To Change The Agreement & Your Related Rights" and Phrase (c) of the paragraph entitled "When You Don't Have To Pay An Early Termination Fee," I am authorized to terminate the service agreement within 30 days of notification of the change without being charged an Early Termination Fee.

I wish to terminate my Mobile Broadband Service for number xxx-xxx-xxxx on August xx, 2008, which is within the 30 days of the date I was notified above.

Please notify me by email that you will affect the termination on that date and confirm that I will not be charged an Early Termination Fee. I have copied another Sprint customer on this email to witness my request. Having to settle a dispute in arbitration is neither in Sprint's best interest nor mine.

Respectfully,
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Last edited by ebiz on Tue Aug 05, 2008 8:26 pm; edited 1 time in total
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Animagix
EVDO User


Joined: 12 Mar 2007
Posts: 27
Location: New York City

PostPosted: Tue Aug 05, 2008 7:50 pm    Post subject: Reply with quote

ebiz, you rock!

Thanks again bud,

BTW, the change of service is stated in my June 16th bill date. Which would make today the 55th day since that was notified in my bill. Homeboy jarred told me I should've received a letter at the end of may, I think somebody is full crap.
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Animagix
EVDO User


Joined: 12 Mar 2007
Posts: 27
Location: New York City

PostPosted: Mon Aug 11, 2008 7:27 am    Post subject: Reply with quote

after 5 emails to sprint, I have prevailed, finally. Thanks to the lot of you and especially ebiz for your help.

What started off as a "sorry we can't waive your fee" then with me bringing up arbitration, they finally buckled.

If I am asked to pay, I have a paper trail to show. =)
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ebiz
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Joined: 25 Oct 2006
Posts: 371
Location: Reno, NV

PostPosted: Mon Aug 11, 2008 11:11 am    Post subject: Reply with quote

Animagix wrote:
after 5 emails to sprint, I have prevailed... What started off as a "sorry we can't waive your fee" then with me bringing up arbitration, they finally buckled...
Congrats! There was no question that Sprint would lose, if you persisted. The T&Cs are clear. So long as customers have an email paper trail and don't quit, they will prevail.

The cost in man hours for Sprint to pursue arbitration for a single account is expensive, even when Sprint is right. When it is not in compliance with its own T&Cs, which is the case in your situation and most of the other ETF issues related to the new 5 Gb limit, Sprint has been wrong anyway... and it knows it. So it would lose in arbitration regardless.
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pgartung
EVDO Newbie


Joined: 14 Aug 2008
Posts: 3

PostPosted: Thu Aug 14, 2008 3:56 pm    Post subject: Thanks you!!!!!!!!!!!!!!!!!!!!!!!!!!!! Reply with quote

I just wanted to thank the members of this forum for saving me the early termination fee on my Sprint EVDO service.

I got the service for my wife for her commute on the train last September. She has since switched jobs and we finally decided to cancel service because we were not using it.

I called to day to cancel expecting to pay the cancelation fee. The rep talked me into keeping the service for $30 per month with the limited use plan. This plan only allows 40MB before you are metered.

I was having second thoughts when I googled "cancel sprint contract" and found this forum.

I called to see if I could cancel with no fee. I mentioned the 5GB cap. The rep told me that there is a message from customer service manager Scott Owens allowing the fee to be waived if you mention the 5GB cap.

YMMV but give it a try if you are planning to cancel.
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ebiz
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Joined: 25 Oct 2006
Posts: 371
Location: Reno, NV

PostPosted: Thu Aug 14, 2008 4:54 pm    Post subject: Re: Thanks you!!!!!!!!!!!!!!!!!!!!!!!!!!!! Reply with quote

pgartung wrote:
...The rep told me that there is a message from customer service manager Scott Owens allowing the fee to be waived if you mention the 5GB cap...
Thanks for making that know to all. Maybe it will save some of the run-around people have been getting.

Perhaps Sprint is realizing the negative PR it is getting by all its shady misinformation games will cost it more than releasing customers as per the T&Cs.

I am almost surprised to see it, but it is a welcome relief.
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ebiz
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Joined: 25 Oct 2006
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Location: Reno, NV

PostPosted: Tue Aug 19, 2008 6:06 pm    Post subject: Reply with quote

Markgc wrote:
Sprint called me today, I just called them and I cancelled my internet service. From what I understood they are covering my last month's fee so I am not paying the last month and my service will be turned off on Sept 11...
Mark, since you did this by phone and can't prove anything that was said, I would definitely follow that up with an email to ecare1@cc.sprintpcs.com (and copy another Sprint friend) verifying that you terminated data service today, effective 11 September, and that, as the 5 GB limit was a material change to the T&Cs, you will not be required to pay an ETF. Otherwise, you could end up in a he-said-she-said battle when the ETF shows up on your bill.
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ebiz
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Joined: 25 Oct 2006
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PostPosted: Tue Oct 21, 2008 2:32 am    Post subject: Can Sprint Charge Excess Usage Fees Reply with quote

Mark8085 wrote:
I spoke with my Sprint rep and got some very interesting information. I was informed that they WILL begin charging $.05/mb but the new policy won't go into effect until 11/2...
-----------------
Terms and Conditions

Data Usage Limitation (Mobile Broadband Cards, USB Modems, Imbedded Modems and Phone-As-Modem):
The amount of data transmitted over our network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). Sprint reserves the right to limit throughput speeds or amount of data transferred; and to deny, terminate, modify, disconnect or suspend service if usage either exceeds (a.) 5GB/month in total or (b.) 300MB/month while off-network roaming. 1024 KB equal 1 MB. 1024 MB equal 1 GB.
-----------------
I agree with Wayne. There is nothing in the T&Cs that authorizes Sprint to charge an excess usage fee on data accounts. It will have to modify the T&Cs before it can do so or it will lose in arbitration. Looks like it is going to attempt the same confused intro of this new policy to try confuse everyone and to be able to take advantage of the more naive customers.
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Droford
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Joined: 08 Aug 2007
Posts: 22

PostPosted: Sat Oct 25, 2008 11:35 pm    Post subject: Reply with quote

I filed a complaint with the MD Attorney General's office a while back and I got a letter about 2 weeks ago from Sprint saying that I had been released from my 2 year contract about 1 year early and I could cancel at any time without paying an ETF. Im waiting it out to see what happens since Im usually right around the 5 GB limit give or take a GB either way.
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ebiz
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Joined: 25 Oct 2006
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PostPosted: Wed Oct 29, 2008 5:56 am    Post subject: Reply with quote

Sprint has apparently notified our hosts, the 3Gstore.com, that it will apply overage charges for contracts that begin on or after November 2, 2008; but that overage charges will not apply to contracts begun earlier.
http://www.evdoforums.com/thread10682.html

This may be a silver lining for those of us with existing contracts or expired contracts. The overage fees will be a new revenue stream and may cause Sprint to just ignore overages for the grandfathered contracts.

The only way we will be able to tell how Sprint enforces overages is for those who exceed 5 GB to post the relevant info in the sticky msg, "If You Exceeded the 5 GB Cap, Share Sprint's Response." To keep the thread pure and informative, please post only the relevant info.

It's still a shame the cap was imposed at all, but I feel lucky pre-2Nov08 contracts won't get overage charges.
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waynefoutz
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Joined: 31 Mar 2008
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PostPosted: Wed Oct 29, 2008 7:43 am    Post subject: Reply with quote

ebiz wrote:
Sprint has apparently notified our hosts, the 3Gstore.com, that it will apply overage charges for contracts that begin on or after November 2, 2008; but that overage charges will not apply to contracts begun earlier.
http://www.evdoforums.com/thread10682.html

This may be a silver lining for those of us with existing contracts or expired contracts. The overage fees will be a new revenue stream and may cause Sprint to just ignore overages for the grandfathered contracts.

The only way we will be able to tell how Sprint enforces overages is for those who exceed 5 GB to post the relevant info in the sticky msg, "If You Exceeded the 5 GB Cap, Share Sprint's Response." To keep the thread pure and informative, please post only the relevant info.

It's still a shame the cap was imposed at all, but I feel lucky pre-2Nov08 contracts won't get overage charges.




or they could just get rid of us, forcing us into the more rigid contract, with sprint or a competitor. I was shocked to see the overage charges at AT&T, $490 a gigabyte? Ouch.
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ebiz
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Joined: 25 Oct 2006
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PostPosted: Thu Oct 30, 2008 9:06 pm    Post subject: Reply with quote

Maureen wrote:
...As of 11/2, the cancellation fee with drop from a flat rate of $200 to a prorated amount for cancellations after four months. The maximum rate will still be $200 and customers canceling within the first 4 months will incur that fee. After that, the fee will be calculated by multiplying the number of months left in the contract by $10, with a minimum fee of $50...
Just checked the T&Cs and they have not changed since the 13Jul08 modifications. Sprint will have to post updated T&Cs before they will be able to charge for overages or hit someone with an ETF over $200 for terminating in the second, third fourth month ($230, $220 or $210). Otherwise customers will be assured of winning in arbitration.
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