HotStuff2 said:alisarom said:Looks like T-Mobile has decided to increase their text messaging rates. As has been the case when other carriers have made similar moves, this constitutes a material breach of contract on T-Mobile's part, allowing customers to jump ship without paying the hefty $200-per line ETF.No, it doesn't, and no, this isn't a "Hot Deal". :rolleyes: 
From the TM Terms Of Service:
"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, WE WILL NOTIFY YOU OF THE INCREASE OR MODIFICATION AND YOU CAN CANCEL THAT SERVICE WITHOUT PAYING A CANCELLATION FEE (WHICH IS YOUR ONLY REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE. IF YOU DO NOT CANCEL YOUR SERVICE BY FOLLOWING THOSE INSTRUCTIONS, OR YOU OTHERWISE ACCEPT THE CHANGE, THEN YOU AGREE TO THE INCREASE OR MODIFICATION, EVEN IF YOU PAID FOR SERVICE IN ADVANCE. IF THE NOTICE DOES NOT SAY HOW LONG YOU HAVE TO CANCEL, THEN IT IS WITHIN 14 DAYS AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CHARGES FOR PRODUCTS, SERVICES, OPTIONAL SERVICES, OR ANY OTHER CHARGES THAT ARE NOT INCLUDED IN YOUR MONTHLY RECURRING ACCESS RATE PLAN (SUCH AS DIRECTORY ASSISTANCE, ROAMING, DOWNLOADS, AND THIRD-PARTY CONTENT) ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, AND IF YOU CONTINUE TO USE THOSE SERVICES, OR YOU OTHERWISE AGREE TO THE CHANGES, THEN YOU AGREE TO THE NEW CHARGES. VISIT OUR WEB SITE, RETAIL LOCATIONS, OR CALL CUSTOMER CARE FOR CURRENT CHARGES."
Most people cite item (B) as the reason to break the contract and get out of the ETF. Increasing TM charges is not a material change, however, since you can stop all TM by simply telling them to block that service. Notice the last bloded sentence - text messaging falls into that category, as it's an OPTIONAL SERVICE, not part of your rate plan.
Often, though, you'll get CSRs who will approve the contract break with no ETF, but that's simply the company (TM, Cingular, VZW, et. al) being nice, not being forced to. Sir, Does this mean that even if they increase the rates for minutes , we cant break the contract as we can bar outgoing calls. ie till they increase the monthly plan fees , we cant break the contract... |