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

psibrtyger · EVDO Newbie Joined: 02 Aug 2007 Posts: 1

Watch out the people at Sprint! The reps are not going to let you cancel your account easily. I ran into this problem trying to cancel on 6/19.

First I called up and told the person answering I wanted to cancel since the T&C's changed. He said that should be fine and I wanted to be sure Sprint will not charge me the ETF. He informed me that we would have to wait and see on the next bill. (I received my bill on June 7th and had the T&Cs in it) He wanted to me to wait until the next bill in July which would have been out of the 30 day cancel period and see what the fees were. I insisted that I wanted to canel today and did not want to wait for that reason. So he had to get a manager to cancel with out the fees and get it sorted out.

I was then transfered to the Manager above him which would take care of the issue. Anyways I informed her of the change and that I did not agree with the T&C's. Well she went on that these do not affect everyone and wanted me to stay and basically would not allow me to cancel. I said I know my rights and law says that I CAN cancel regardless. But she was adamant and would not allow me to cancel regardless of me asking to do so with in my rights.

If I did not state that I KNEW I was going to be over the cap of 5GB as the last 3-6 months I had been at 10-15GB a month. She would not have allowed me to cancel. Basically when I stated she put me on hold and checked the records. She was back and said YES your account is canceled and I was done with out the ETF's.

So my fear is be careful when canceling as it seems they really want to keep you and then cancel you out side of your legal 30 day window to get ETFs. I know I would have been canceled regardless of her assurance that it would likely not apply to me. And that the 5GB cap would not affect every one. (AKA if you don't know Sprint was ready to take your money) A good thing to be aware of your rights.

Also very deceitful of them to not listen to me and allow me to cancel even though the law would allow me. I felt like she would not cancel if I had not been over the limit. And for people who just plain don't like the changed T&C's and did not have the ability to show that they indeed would be over the limits would have had a Rep denying them the right to cancel.

Just wanted to add my thoughts on this. SAD SAD state at Sprint hemorrhaging customers and they still can't figure out why.

Speed was great and met my needs and worked... until there was a cap!
1st and last horrible experience with Sprint Support.

ebiz · Posted: Fri Jun 20, 2008 7:31 pm Post subject:

Good report, psibrtyger. In the orginal post I reprinted the exact provisions from the Terms and Conditions (T&Cs) because I expected the Customer Service reps in Cancellations might hassle customers. Often times they try to assess your business acumen and then mount an attack, if they think they can get away with it. Read them the provisions in the original post, if necessary.

You do not need any reason to voluntarily cancel a service agreement. You simply notify Sprint in writing that you wish to cancel it. You do not have to pay an Early Termination Fee (ETF) when you voluntarily cancel, if there has been a materially adverse change to the T&Cs. Nada. None.

On the other hand, the customers' only legal recourse if they feel unfairly billed is arbitration. For that you have to submit your evidence in writing as specified in Part 5 of the T&Cs. You cannot prove what was said in a verbal conversation with Customer Service so that is the WORST way to handle a cancellation. You could end up fighting for months to get an improperly charged ETF back.

Send an email to Sprint Customer Solutions <ecare1@cc.sprintpcs.com> or <ecare2@cc.sprintpcs.com>. Then your request and Sprint's response will be in writing and you will have the proof to settle any dispute. If Sprint calls you to try to change your mind, be firm and tell the rep you want a response by email confirming your emailed request for cancellation.

Below is a sample email that should work. Feel free to cut and paste.
---------------------------------

To: Sprint Customer Solutions <ecare1@cc.sprintpcs.com>
Subject: Cancellation of Mobile Broadband Service for xxx-xxx-xxxx [broadband number]

I was first notified of the new 5 GB cap on data usage in my Sprint bill dated May xx, 2008. It stated the effective date of change for me for the 5 GB cap was in 30 days, which would be June xx, 2008. The change has also been included in the Sprint Terms and Conditions (T&Cs).

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 the effective date of change without being charged an Early Termination Fee.

I wish to terminate my Mobile Broadband Service for number xxx-xxx-xxxx on July xx, 2008, which is within the 30 day period following the effective date of change stated in my bill. [just pick a date]

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.

I have a high regard for Sprint's capability and am sorry you felt it necessary to make this change in mobile broadband services.

Respectfully,
Veronica Videolover
_________________
Vista64 & EX720

ebiz · Posted: Tue Jun 24, 2008 4:13 am Post subject:

I've been trying to get Sprint to tell me when it made the change in the T&Cs that permitted it to charge the ETF even when Sprint chose to terminate a customer. So far it has avoided answering the question by wandering off to a peripheral issue. More to follow.
_________________
Vista64 & EX720

ebiz · Posted: Wed Jun 25, 2008 2:10 pm Post subject:

This written dialog with Sprint eCare reflects the challenges of dealing with Customer Service. Sprint's most recent response gets lost in illiteracy. It is becoming an exercise in self flagellation. I doubt I will ever get the date I asked for no matter how many times I ask, even though the T&Cs give us 30 days from that elusive date to terminate whenever there is a material change to the T&Cs. Because Sprint does not post the date of T&Cs changes and does not notify us of the changes, as required by the T&Cs, I imaging it would give in whenever someone initiated an arbitration suit on the grounds that they were not notified of a T&Cs change.

My original question to Sprint was what date the T&Cs were changed to permit Sprint to charge an ETF when it chose to terminate a customer account. Guess it will remain unanswered.
_________________________________________
Date: Tue, 24 Jun 2008 08:19:46 -0500 (CDT)
From: Sprint Customer Solutions - eCare2 <ecare2@cc.sprintpcs.com>
To: [ebiz]
Subject: Re: Fwd: Re: Date the Terms and Conditions Were Changed (KMM5xxxxx)

Dear [ebiz],

Thank you for your reply. I apologize for any inconvenience you may have experienced while getting the information regarding ETF.

I would like to confirm you that Sprint will never cancel the account without customers wish and if the customer wish to cancel the account before Account Satisfaction date only than the ETF will be applied. Sprint it self never takes any action about the customers account.

I request you to wrote back which question has been forwarded to the Sprint office.

If need further assistance in any matter, please reply to this email and I will be glad to assist you.

Thank you again for contacting Sprint. We appreciate your business.

Sincerely,
Joan K.
Sprint

Original Message Follows:
___________________________________
Date: Tue, 24 Jun 2008 08:57:28 +0000
To: Sprint Customer Solutions - eCare2 <ecare2@cc.sprintpcs.com>
From: [ebiz]
Subject: Fwd: Re: Date the Terms and Conditions Were Changed (KMM5xxxxx)

That is not the question I asked. The T&Cs now state that Sprint can charge customers the $200 ETF even if Sprint decides to terminate the customers account. The ETF used to be charged only when a customer voluntarily terminated his account.

I asked you what date that change was made to the T&Cs.

Here are two appropriate answers to my question.

1. The T&Cs were changed to permit Sprint to charge an ETF even when Sprint terminated the account on [date].

or

2. I cannot find that information and have forwarded your question to the Sprint internal counsel's office.

All I request is that you answer the question I asked and not some peripheral issue.

Thank you,

[ebiz]
_________________________________________
Date: Tue, 24 Jun 2008 03:06:51 -0500 (CDT)
From: Sprint Customer Solutions - eCare2 <ecare2@cc.sprintpcs.com>
To: [ebiz]
Subject: Re: Date the Terms and Conditions Were Changed
(KMM5115xxxxx)

Dear [ebiz],

Thank you for contacting Sprint. I am happy to assist you about the Early Termination Fee.

The option for the waive off of Early Termination Fee was ended on March 31st 2008. Therefore we would not be able to waive off the Early Termination Fee due to net increase in surcharges and fees since.

Thank you again for contacting Sprint. We appreciate your business.

Sincerely,
Arnold S.
Sprint
------------------------
Date: Mon, 23 Jun 2008 22:46:50 +0000
To: Sprint Customer Solutions <ecare2@cc.sprintpcs.com>
From: [ebiz]
Subject: Date the Terms and Conditions Were Changed

Hi. I was just reading the current Terms and Conditions (T&Cs) at http://nextelonline.nextel.com/en/legal/legal_terms_privacy_popup.shtml?id16=warranty . There has been a change regarding the application of the Early Termination Fee (ETF). Now Sprint can charge an ETF even if it terminates a customer. The ETF used to apply only if the customer voluntarily terminated. That is a very material change.

What was the date of that change to the T&Cs and what was the date of the latest change to the T&Cs?

As you know, the provision of the T&Cs below requires Sprint to notify us when there is a material change to the T&Cs.

[ebiz]
acct# xxx
_________________
Vista64 & EX720

Jim Quan · Posted: Mon Jun 30, 2008 3:32 pm Post subject: Retentions and month to month

Thanks to Paulie888 and others, I called and asked directly for retentions. Asked to cancel to avoid paying ETF. The rep was very cooperative and quickly agreed to change my account to month to month so that if Sprint cancels me I don't owe the ETF. I was promised an email confirmation but it's been an hour and I don't have it. I did get the rep's name and ID.

Knowing Sprint, I will wait and check online to see if this account change has actually occurred.

... Just checked online and the account expiration date was backdated to the day before my last bill.

BTW, I am in the targeted group - my roaming data is 500-600 megs. Total monthly is only about 1.5 gig.

Jim
_________________
Jim

AmazinglySmooth · EVDO User Joined: 17 May 2006 Posts: 84

I wonder why it was so hard for me to get switched to month-to-month...

Jim Quan · Posted: Mon Jun 30, 2008 9:18 pm Post subject:

Still no email confirmation of the account change. Guess it isn't coming.

I get the feeling with Sprint you never really know when it's over. Aside from cancelling me how else are they going to stick it to me - again.
_________________
Jim

ebiz · Posted: Mon Jun 30, 2008 9:44 pm Post subject:

Jim Quan · Posted: Tue Jul 01, 2008 7:29 am Post subject:

Thanks, another great idea!
_________________
Jim

paulie888 · EVDO User Joined: 14 Jun 2008 Posts: 37

Jim,

I'm pleased to hear that you were put on month-to-month. As for thinking you're part of the targeted group, I kind of doubt it it as my experience with retention leads me to believe otherwise.

When I called retention requesting to cancel, they put me on hold for a couple of minutes, after which they authorized my cancellation. I am pretty positive they were checking my data usage - I typically consume 15-20 gigs a month (non-roaming though.)

When I asked if it was possible to get on a month-to-month contract, I was told in a matter-of-fact tone that there was no month-to-month option available, which directly contradicts your experience with them. This leads me to believe that they are targeting the heavy users like me (anyone consistently hitting over 5 gigs per month), and not the people using excessive roaming data like you. Why else would they offer you the month-to-month option, which was not possible for me even though I mentioned that I'd be willing to explore that option?

Paulie

paulie888 · EVDO User Joined: 14 Jun 2008 Posts: 37

Jim,

My experience with Sprint ecare was much more positive though. Immediately following my talk with Retention, I emailed ecare requesting email confirmation that my account was canceled with no ETFs. I believe I received a reply within 24 hours confirming this, so I was pretty pleased about how smoothly everything went.

Paulie

Jim Quan · Posted: Wed Jul 02, 2008 12:19 pm Post subject: Success!

I asked ecare for an e confirmation of account change to month to month and got it. It is already reflected in the account status on the web site.

The retentions rep I spoke to (who put me on month to month) said in closing "I'm just glad I didn't have to do a cancel." I'm guessing it's their job to avoid cancellations / churn at all costs and one way to do that is to pass the buck and offer month to month. Maybe they will do a review later on snd reslly terminate their icky problem customers like me. Rolling Eyes

_________________
Jim

paulie888 · EVDO User Joined: 14 Jun 2008 Posts: 37

Jim,

Good for you. As I mentioned before, my hypothesis (which seems to be confirmed the more I read various posts in here) seems to be right. Sprint's no. 1 priority right now is to get rid of customers consuming too much data off its EVDO network (ie anyone using over 5 gb!) so that the network can be freed up for its Smartphone users, and especially its new Samsung Instinct subscribers, who are just now coming online.

This will be their main priority, so that the network will stay reasonably fast for its phone users. It is nigh impossible to exceed 5gb on a smartphone due to the fact that you'll be streaming much lower resolution video (if at all, for the life of me I can't fathom why anyone would watch much video on such a tiny screen), and you'll also be downloading a lot less. Tethering (Phone As Modem) is expressly forbidden as of now, so that pretty much gets rid of any heavy users on Sprint's network. I doubt that their policies are going to change at all in the medium term 1-2 years...

The Retentions person revealed something very important when he/she breathed a sigh of relief that your case was not ending up in termination. Again, my hypothesis is that they really want to get the heavy users off the network, and they must have had to do a fairly significant number of terminations this month for excessive network usage. You're one of the lucky ones who have not used the network too much to be on their "radar"......

Paulie

byan · EVDO Newbie Joined: 29 Dec 2007 Posts: 8

[quote="paulie888"]ebiz,

There is a simple solution to this. I spoke to a couple of CS reps that had no idea about the cap. Just mention that you want to cancel, and insist on talking to Retention. They all pretty much know about this issue, and they offered to put me on a month-to-month contract, and I got on it immediately. This way I have the option of terminating anytime I want to without having to worry about the ETF.

Paulie[/quote

how were you able to do this?
I called and said I wanted to cancel talking to an "account manager" and her supervisor and he said that there was no way I could switch to a month-month contract.

paulie888 · EVDO User Joined: 14 Jun 2008 Posts: 37

Byan,

This is a very touchy issue with Sprint, and your ability to switch to month-to-month is largely governed by your recent data usage, from what I can see. Do you know how much your data usage has been in the past 3 months? Have you stayed under 5gb each month?

People who have exceeded the 5gb cap by an appreciable amount have not been offered the month-to-month contract, so it all depends on how much of the network you have consumed recently.

Paulie