T-mobile cancellation without $200.00 ETF

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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.

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call 3 different time and they all say that the cutoff date is may 26. i told them that i just got the increase notice i... (more)

qaz1001qaz (Jun. 11, 2007 @ 9:31p) |

Did you have to extend your contract for a year or two? Thanks.

omnia (Jun. 12, 2007 @ 11:50p) |

has anyone else been able to cancel without the ETF after the May 26 deadline. I called and was told that timeframe has ... (more)

nishlaaa (Jun. 26, 2007 @ 11:35a) |

Change doesn't go into effect until June 1st

You have 30 days from from date of notice to cancel.. if you got your bill now and wait till june to cancel, it will be too late since you 'agree' to terms if you do not inform them of your disagreement in 30 days.
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Any supporting evidence or document?

(I really need it....pls !)

they increased their txt rates a while back.
did you try to cancel and not pay the fee. is this confirmed?
also, I think this should go in the Deal Discussion forum. or maybe not

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.

CheapCheap1 said: Any supporting evidence or document?

(I really need it....pls !)


Link

I believe you'll have to wait for it to show up on your bill

So if my kid is allotted say 40 test messages a month and she doesnt go over that then nothing changes for me. it is only when she goes over the 40 a month is when I have to pay the higher fee.

Strange how they didnt raise the cost of my monthly plan though.....or did they? Heck, all i know is that I went from a $39.99 a month plan to paying close to $60.00 a month !!!!!

Izpoof said: Strange how they didnt raise the cost of my monthly plan though.....or did they? Heck, all i know is that I went from a $39.99 a month plan to paying close to $60.00 a month !!!!!


That is because they charge a bunch for tax. My T-Mobile plan is $65.00 and each month after tax it is closer to $87. Man i want out of T-Mobile the service is just not there anymore. Any one else having problems that they did not have 3 years ago.

cquintanilla2001 said: Izpoof said: Strange how they didnt raise the cost of my monthly plan though.....or did they? Heck, all i know is that I went from a $39.99 a month plan to paying close to $60.00 a month !!!!!


That is because they charge a bunch for tax. My T-Mobile plan is $65.00 and each month after tax it is closer to $87. Man i want out of T-Mobile the service is just not there anymore. Any one else having problems that they did not have 3 years ago.


I know, Its freakin crazy, when I txt overseas, they take the 15 cents a txt fee and and charge about 5-7 cents over that.
it adds up fast when you do a bunch of international txting. my plan is 59.99 and I pay about 95.00 a month

Woohoo! I've been waiting far too long for this. I still have more than a year to go with the current contract. So, do you have to be a text user to be able to get out of the contract? I hardly ever use text messaging.

kopitubruk said: Woohoo! I've been waiting far too long for this. I still have more than a year to go with the current contract. So, do you have to be a text user to be able to get out of the contract? I hardly ever use text messaging.You won't get out of your contract because of this. Read my post above. It's also well-covered on HowardForums.com; many, many people have tried and most have been unsuccessful, for the very reason I stated previously.

I tried to get T-Mobile to block text messaging a couple months ago and they told me that it was NOT optional and it could not be blocked.

The CSR lied, or was too dumb to know how to do it. My GF has TM, and her daughter's phone is blocked from any TMs except admin (i.e., from TM directly, and no charge for those.) I have Cingular, and the same goes for my sons phones.

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...

not sure about the rate hikes. i noticed it for the new plans. but i'm still paying 9.99 unlimited txt messaging on my family plan with two lines. guess i won't be renewing anytime soon. hehe.

rate hike effective from 1st June 2007

I am out of contract, will prolly goto cingular for the iphone in june..

But if this works, I would hop into a new contract for the next 2+ onths and get a new phone..

HotStuff2 said: kopitubruk said: Woohoo! I've been waiting far too long for this. I still have more than a year to go with the current contract. So, do you have to be a text user to be able to get out of the contract? I hardly ever use text messaging.You won't get out of your contract because of this. Read my post above. It's also well-covered on HowardForums.com; many, many people have tried and most have been unsuccessful, for the very reason I stated previously.

You're wrong. I read the thread (and posted on it several times). Only one poster attempted to get out but the CSR was waiting for management to let him know what he should do...

http://www.rcrnews.com/apps/pbcs.dll/article?AID=/20070323/FREE/70323005/1002/FREE

T-Mobile USA subscribers get an out: ETF can be waved over increased texting fee

By Matt Kapko
Story posted: March 23, 2007 - 1:40 pm EDT

T-Mobile USA Inc. has confirmed that its recently announced rate increase on pay-per-use text messages will be regarded as a material change to the terms and conditions of its subscribers’ contracts, hence allowing them to cancel service without incurring early termination fees.

“Customers may terminate their contract without incurring an ETF soon after receiving their notification of the pricing change,” T-Mobile USA spokesman Peter Dobrow wrote in an e-mail to RCR Wireless News.

T-Mobile USA didn’t elaborate on whether all of its customers would be allowed to cancel without paying the fee. Customers who pay for text messages in bundles—and therefore don’t pay the per-message fee—as well as those who don’t use text messaging at all won’t be affected by the change and therefore may not be able to claim it as a change to their service.

While the four largest U.S. carriers have all increased their pay-per-use rate for text messages from 10 cents to 15 cents over the past few months, each claims the changes affect customer contracts and ETFs differently.

AT&T Inc.’s Cingular Wireless said it was simply a pricing change for an optional service and that subscribers would still have to pay the fee to cancel their contract. However, when Sprint Nextel Corp. made the change, the carrier said it would only allow affected customers to cancel their service without paying the carrier’s ETF; customers on text-messaging plans were not able to get out of their contracts scot-free.

Great post sigep...

I would also argue the point that bundled TM users as well as non-users might not apply. Those folks are still affected by this change in that a bundle user who uses up all his TMs would also pay the increased rate, as would the non-user that happens to just text once.

The only people that I believe wouldn't apply would be the folks with the unlimited text bundle, which I have =(

time to order those 4 other dashes in time for the cancellations in june

Ok, so let's say they let me cancel. How do I keep and port my number to a different carrier?
and when I can call to cancel? do I wait until June?

omniviper said: time to order those 4 other dashes in time for the cancellations in june

Some morally shady people out there...

called T-Mobile, they let me cancel no problem if I want, no fees.

Just contacted T-Mobile. I was informed that they do not have information on whether you can cancel without incurring the ETF and that I should contact them when it is closer to June.

Why would you call now? By calling you just give them more time to prepare to deny you when it comes to June. Management would have all sat down, made a plan and update all csr to deny. Obviously all cell phone companies aim is to get the customer stuck in as many years contract as possible.

So stop calling and alerting them about this or they will start having weekly meetings to discuss and train all the supervisors, csr's etc

dairymtu said: Why would you call now? By calling you just give them more time to prepare to deny you when it comes to June. Management would have all sat down, made a plan and update all csr to deny. Obviously all cell phone companies aim is to get the customer stuck in as many years contract as possible.

So stop calling and alerting them about this or they will start having weekly meetings to discuss and train all the supervisors, csr's etc


Why call now? Well, you call now to specifically avoid what you just mentioned. Don't give them the time to work out some sort of excuse as to why they won't waive the termination fee.

The notice on T-Mobile's site specifically refers the consumer to consult sections 3 and 4 of the terms and conditions for their rights, including early termination of service. Have both the Terms and Conditions as well as the notice handy when you call and perhaps even the quote from Peter Dobrow (posted earlier). Be polite with a good tone to your voice when you call.

I just called and had both cancelled with absolutely no problem. Thanks OP!

coalminer said: dairymtu said: Why would you call now? By calling you just give them more time to prepare to deny you when it comes to June. Management would have all sat down, made a plan and update all csr to deny. Obviously all cell phone companies aim is to get the customer stuck in as many years contract as possible.

So stop calling and alerting them about this or they will start having weekly meetings to discuss and train all the supervisors, csr's etc


Why call now? Well, you call now to specifically avoid what you just mentioned. Don't give them the time to work out some sort of excuse as to why they won't waive the termination fee.

The notice on T-Mobile's site specifically refers the consumer to consult sections 3 and 4 of the terms and conditions for their rights, including early termination of service. Have both the Terms and Conditions as well as the notice handy when you call and perhaps even the quote from Peter Dobrow (posted earlier). Be polite with a good tone to your voice when you call.

how long was your contract so far?

I just called and had both cancelled with absolutely no problem. Thanks OP!

@omniviper: I was 6 months into a 2 year contract on two lines of service.

Izpoof said: So if my kid is allotted say 40 test messages a month and she doesnt go over that then nothing changes for me. it is only when she goes over the 40 a month is when I have to pay the higher fee.

Strange how they didnt raise the cost of my monthly plan though.....or did they? Heck, all i know is that I went from a $39.99 a month plan to paying close to $60.00 a month !!!!!


They get away with the TAXES thinggie, especially in CA.

Hi Coalminer:
Prior to cancellation what kind of text messaging plan had you signed up for?

How long into your contract were you?
[Edited later] Sorry, I read your response to Omniviper later (6 months into 2 yr contract on 2 lines of service).


Also, how did the conversation with the service rep go? Was there any resistance to cancellation?

I'm just setting myself up for calling them. Would appreciate any feedback.

Many thanks,
Joe.

coalminer said: dairymtu said: Why would you call now? By calling you just give them more time to prepare to deny you when it comes to June. Management would have all sat down, made a plan and update all csr to deny. Obviously all cell phone companies aim is to get the customer stuck in as many years contract as possible.

So stop calling and alerting them about this or they will start having weekly meetings to discuss and train all the supervisors, csr's etc


Why call now? Well, you call now to specifically avoid what you just mentioned. Don't give them the time to work out some sort of excuse as to why they won't waive the termination fee.

The notice on T-Mobile's site specifically refers the consumer to consult sections 3 and 4 of the terms and conditions for their rights, including early termination of service. Have both the Terms and Conditions as well as the notice handy when you call and perhaps even the quote from Peter Dobrow (posted earlier). Be polite with a good tone to your voice when you call.

I just called and had both cancelled with absolutely no problem. Thanks OP!

I tried to get T-Mobile to block text messaging a couple months ago and they told me that it was NOT optional and it could not be blocked.

I tried doing this a couple of months ago, and got the same answer.

Hey--you guys gave me a great idea! I was laid off last month and cancelled a Cingular Aircard that my then employer required I get. Cingular charged a $175 early term fee (I only had it a month). I called them 5 minutes ago, threw myself at the CSR's mercy after asking her how her day was and charming her a little, and she removed the fee!

Cingular is awesome on so many levels! (whereas Sprint positively sucks)

Thanks for the idea, guys!

@eskimojo

I did not have a text message plan and was on a pay-per-use basis. (For what it's worth, I only used about 5 text messages per month.)

As for the process, there was absolutely no resistance. The representative asked what she could do to have me stay, but I politely insisted that I wanted to cancel.



For more information, check this thread at howardforums. As more people call in, it looks like T-Mobil.e is becoming more accepting of the cancellation requests. According to one poster, a representative even volunteered that they had a new cancellation code in the system specifically for the text message price increase and waiver of termination fees. Obviously this is just anecdotal, but it is promising, particularly in light of recent positive results.

Sprin.t SERO, here I come.

Dumb question but if you cancel can you go month to month or by canceling you're cutting yourself completely from T-Mobile?

dairymtu said: Dumb question but if you cancel can you go month to month or by canceling you're cutting yourself completely from T-Mobile?

You have to cancel completely. If you were month to month, then you would still be affected by the text messaging price increase and your continued usage of T-Mobil.e would equate to implicit acceptance of the price increase. You would have no reason to cancel your contract in the first place.

Just something for everyone to keep in mind, if you do cancel you have to give them 30 days notice.
(So they pretty much milk you for another month.)

How can you do this and still transfer your number to another provider? Do you start the process through the new provider first?

I spent about 3 hours on the phone with a T-Mobile loyalty dept. supervisor today (3 different ones).
Here is what you need to know:

1. You can cancel your account today, if the rep has no info ask them to look into it, the answer will be yes.
2. Make sure they note on your account that you will not be charged with ETF fee.
3. I talked to 3 or 4 reps, and each one offered me a different deal (believe it or not).
4. They WILL work with you even if they tell you that there is nothing that they can do.
5. I shopped around, their plans are some of the better ones, and if you switch to Myfaves, generally speaking it's the best plan out there if you call the same people all the time.
6. Again, if they say there is nothing that they can do hang up, redial and go through the process again.

As far as porting the #, once you have confirmed that it's ok to cancel, ask about porting, I've been advised by one supervisor that once the # is ported the ETF will be applied, you have to call and they will remove it for you. Frankly, I wasn't sure whether to believe it not. Hope it's true.
The rep that convinced me to stay gave me 2 brand new myfaves phones (free), the other reps told me that there is nothing they can do about phone prices. That is BS. Call back and get a different rep.
I was even offered a brand new Samsung Stripe for $19.99 (and that's cheap). I just signed up for my contact 4 months ago so I let them extend it for another 2, no biggie, plan works for me. It will either be a free phone and another 2 years or you'd have to pay for one and no contract extension.
Switching to a different carrier would involve a bunch of calls to tmobile and activation (and usually 2 more years), I could not find a carrier that offers 1 year (at least not online).

i talked to one of the CSR just now.. she was very helpful and told me up front that I will be able to cancel with ETF.. however she talked to some other people (put me on hold) and told me that I need to call back on May 1st (30 days prior to rate change) to cancel without ETF. Maybe BS or maybe she was not aware of correct procedure.

I know for a fact tmobile will give you a 1 year contract, but it will cost ya an extra $50 towards the phone.

(well wourth it compared to being locked in to a contract that will cost ya $200 to cancel in that year)

I was also told numerous times by diffrent retention reps, that they could not do anything about the phone prices, they actually were quoting prices off of the website, were giving me higher suggested retail prices then the website stated, but were giving me the same price without the hastle of the mail in rebate (thanks alot....) if I were to sign up for a 2 year contact(imagine that).

On another note, I have been with tmobile for over 5 years, I am out of contract and have been for months. I know the last time I got a new contract they discounted the phones more do to a loyalty discount (this time around they said this WAS the loyalty discount, complete bs)..

I am prolly just going to get the iphone and go with cingular, I will call back a few more times and see if there is any better deals they can give me, or I am gone come June(change of their text prices, and month the iphone drops)

Skipping 73 Messages...
has anyone else been able to cancel without the ETF after the May 26 deadline. I called and was told that timeframe has past. Are there any other routes to take or has anyone gotten a CSR that has waived the fee regardless of the deadline passing? Please help, in dire need to cancel out of my T-Mobile contract.



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