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  1. #1
    Lawrence G. Mayka
    Guest
    "Arthur Dent" <[email protected]> wrote in message
    news:[email protected]
    > consent to this rate hike and the T&C's give me an out if I so desire. I
    > was stonewalled by Sprint and now I must try to tackle them either thru
    > mail, or court I suppose.


    Are you surprised that Sprint reps and supervisors are trying to swindle you?

    I would point out that you are not obliged to pay a bogus bill sent to you by an
    unscrupulous company. If Sprint dares to attempt to place a black mark on your
    credit rating, I presume you could then sue them for defamation of character.





    See More: Sprint won't adhere to their own contract...




  2. #2
    hatoncat
    Guest

    Re: Sprint won't adhere to their own contract...


    Arthur Dent wrote:
    > *I cancelled my service and I wanted to excercise my right to cancel
    > without penalty due to the new WLNP charge as stated by the T&C's
    > dated
    > 6/1/03. Sprint denied my request to waive the ETF even after a
    > lengthy
    > disscussion where the supervisor I spoke with told me the paragraph
    > titled "Agreement" does not apply to the WLNP charge. I told him
    > that
    > the WLNP charge is not mandated by the FCC as it was admitted by
    > Sprint
    > itself at http://www.sprintpcs.com/billinserts/WLNP.html . Still no
    > go
    > and now there is a high priority note on my account to absolutely
    > charge
    > the ETF so I cannot call back to get someone else.
    >
    > I told them that any change that results in my paying a higher
    > rate/amount for my wireless service requires my consent (which would
    > be
    > from me paying the invoice with the higer charge) and that I do not
    > consent to this rate hike and the T&C's give me an out if I so
    > desire. I
    > was stonewalled by Sprint and now I must try to tackle them either
    > thru
    > mail, or court I suppose.
    >
    > Anyways, has this happened to anyone else?
    >
    >
    > [posted via phonescoop.com - free web access to the alt.cellular
    > groups] *


    You just need to keep calling back until you get a Sprint CSR with a
    little more than half of an active brain cell. They are required to
    let you out of your contract, so don't give up.

    --
    Posted at SprintUsers.com - Your place for everything Sprint PCS
    Free wireless access @ www.SprintUsers.com/wap




  3. #3
    Nomen Nescio
    Guest

    Re: Sprint won't adhere to their own contract...

    >Anyways, has this happened to anyone else?

    Yes. This has been covered.

    Don't pay any fees and move on. Sprint cannot legally make you pay any ETF or WLNP fees if you
    call and tell them that you do not agree to pay them.

    You made a good a faith attempt to cancel. The law says you are now out of your contract. "Good
    Faith" effortis all that is required.

    You don't need anybody's permission not to pay the fee. You don't need a CSR's permission, a
    supervisors permissions, the presidents permission ... nobody.

    Why are you seeking such permission? You don't need it.

    Sign up with a new carrier and move on. You are free.




  4. #4
    Jerome Zelinske
    Guest

    Re: Sprint won't adhere to their own contract...

    The Ts and Cs do not give you the option to cancel without paying
    the early termination fee, due to the portability charge.


    Arthur Dent wrote:
    > I cancelled my service and I wanted to excercise my right to cancel
    > without penalty due to the new WLNP charge as stated by the T&C's dated
    > 6/1/03. Sprint denied my request to waive the ETF even after a lengthy
    > disscussion where the supervisor I spoke with told me the paragraph
    > titled "Agreement" does not apply to the WLNP charge. I told him that
    > the WLNP charge is not mandated by the FCC as it was admitted by Sprint
    > itself at http://www.sprintpcs.com/billinserts/WLNP.html . Still no go
    > and now there is a high priority note on my account to absolutely charge
    > the ETF so I cannot call back to get someone else.
    >
    > I told them that any change that results in my paying a higher
    > rate/amount for my wireless service requires my consent (which would be
    > from me paying the invoice with the higer charge) and that I do not
    > consent to this rate hike and the T&C's give me an out if I so desire. I
    > was stonewalled by Sprint and now I must try to tackle them either thru
    > mail, or court I suppose.
    >
    > Anyways, has this happened to anyone else?
    >
    >
    > [posted via phonescoop.com - free web access to the alt.cellular groups]





  5. #5
    Jerome Zelinske
    Guest

    Re: Sprint won't adhere to their own contract...

    The Ts and Cs do not give you a right to cancel without paying the
    early termination fee, due to the portability charge.
    They do however give Sprint PCS the option of completely ending
    any no longer offered, plans. If the new plans available will affect
    you in the manner put forth in the Ts and Cs, then you could opt out of
    your contract.


    Arthur Dent wrote:

    > I cancelled my service and I wanted to excercise my right to cancel
    > without penalty due to the new WLNP charge as stated by the T&C's dated
    > 6/1/03. Sprint denied my request to waive the ETF even after a lengthy
    > disscussion where the supervisor I spoke with told me the paragraph
    > titled "Agreement" does not apply to the WLNP charge. I told him that
    > the WLNP charge is not mandated by the FCC as it was admitted by Sprint
    > itself at http://www.sprintpcs.com/billinserts/WLNP.html . Still no go
    > and now there is a high priority note on my account to absolutely charge
    > the ETF so I cannot call back to get someone else.
    >
    > I told them that any change that results in my paying a higher
    > rate/amount for my wireless service requires my consent (which would be
    > from me paying the invoice with the higer charge) and that I do not
    > consent to this rate hike and the T&C's give me an out if I so desire. I
    > was stonewalled by Sprint and now I must try to tackle them either thru
    > mail, or court I suppose.
    >
    > Anyways, has this happened to anyone else?
    >
    >
    > [posted via phonescoop.com - free web access to the alt.cellular groups]





  6. #6
    Chris Russell
    Guest

    Re: Sprint won't adhere to their own contract...

    What carrier that you are going to change to will not be charging
    similar fees? You're making much ado about something that you can not
    change and will be obligated to pay if you want a cell phone. It's
    stated by the FCC that carriers may (they do not HAVE to, but most if
    not all will) charge a fee to recover their costs for wireless line
    portability. Wireless portability will tend to be much harder than
    landline. In landline portability most of the traffic is from the baby
    bell (with all the landlines) to other phone 'companies' (those with no
    real lines in the service area). Wireless is a different character.
    The cell phone companies will be at the mercy of the baby bells that
    will be switching the number from the old cell company's switch to the
    new company's switch in the same central office. What if the new
    company's switch is not in that central office? What if the baby bell
    reverts back to the good old telephone company's ways (slow, slower or
    slowest -remember Lily Tomlin's telephone company gig?).

    --
    Chris

    Please respond on Usenet or Phonescoop.com


    [email protected] (Arthur Dent) wrote in article
    <[email protected]>:
    > I cancelled my service and I wanted to excercise my right to cancel
    > without penalty due to the new WLNP charge as stated by the T&C's dated
    > 6/1/03. Sprint denied my request to waive the ETF even after a lengthy
    > disscussion where the supervisor I spoke with told me the paragraph
    > titled "Agreement" does not apply to the WLNP charge. I told him that
    > the WLNP charge is not mandated by the FCC as it was admitted by Sprint
    > itself at http://www.sprintpcs.com/billinserts/WLNP.html . Still no go
    > and now there is a high priority note on my account to absolutely charge
    > the ETF so I cannot call back to get someone else.
    >
    > I told them that any change that results in my paying a higher
    > rate/amount for my wireless service requires my consent (which would be
    > from me paying the invoice with the higer charge) and that I do not
    > consent to this rate hike and the T&C's give me an out if I so desire. I
    > was stonewalled by Sprint and now I must try to tackle them either thru
    > mail, or court I suppose.
    >
    > Anyways, has this happened to anyone else?
    >
    >
    > [posted via phonescoop.com - free web access to the alt.cellular groups]


    [posted via phonescoop.com - free web access to the alt.cellular groups]



  7. #7
    Steven J Sobol
    Guest

    Re: Sprint won't adhere to their own contract...

    Chris Russell <[email protected]> wrote:
    > What carrier that you are going to change to will not be charging
    > similar fees?


    Actually, the rumor mill says that Verizon will not.

    It's not a fee that the government requires carriers to pass on.


    --
    JustThe.net Internet & Multimedia Svcs. [The Fusion of Content & Connectivity]
    22674 Motnocab Road * Apple Valley, CA 92307-1950
    Steve Sobol, Proprietor
    888.480.4NET (4638) * 248.724.4NET * [email protected]



  8. #8
    Steven J Sobol
    Guest

    Re: Sprint won't adhere to their own contract...

    Nomen Nescio <[email protected]> wrote:

    > Why are you seeking such permission? You don't need it.
    >
    > Sign up with a new carrier and move on. You are free.


    I love how people are so willing to give out information that may get others
    sued...

    It would take some court cases, I think, at least one or two, to prove anything
    in this situation. Are people willing to go to court _as a defendant_ and risk
    losing, or, even if they win, spending lots on legal fees?

    Note that I agree with the people who say that in this situation, a
    customer should be able to cancel without ETF. This is not a charge that
    Sprint is forced to pass on, and in my (non-lawyerly) opinion, it is a
    material change to the terms of the contract.

    I'm just saying that if you decide not to pay, prepare for your credit
    bureau files to be dinged, and, possibly, to get sued.

    --
    JustThe.net Internet & Multimedia Svcs. [The Fusion of Content & Connectivity]
    22674 Motnocab Road * Apple Valley, CA 92307-1950
    Steve Sobol, Proprietor
    888.480.4NET (4638) * 248.724.4NET * [email protected]



  9. #9
    Nomen Nescio
    Guest

    Re: Sprint won't adhere to their own contract...

    >I love how people are so willing to give out information that may get others
    >sued...


    Sprint's attorneys are going to spend time and money to sue him over a fee that they are not
    legally entitled to collect?

    Sure they are. And I have flaming monkeys shooting out of my ass.

    Give me your address. I'm sending you a bill. If you don't pay it, i'll sue. Think i'll win?
    You even think i'll sue?

    >It would take some court cases, I think, at least one or two, to prove anything
    >in this situation.


    Sprint sure as hell isn't going to initiate the court action. They know as well as you do that
    they are not entitled to the fee.

    >Are people willing to go to court _as a defendant_ and risk
    >losing, or, even if they win, spending lots on legal fees?


    How would they lose? Whip out the T&C ... oops, Sprint loses.

    Sprint would be ordered to pay the costs and legal fees.

    Aint gonna be no court cases. They'll settle first. Trust me on this one.


    >I'm just saying that if you decide not to pay, prepare for your credit
    >bureau files to be dinged, and, possibly, to get sued.


    Write the credit bureau, explain the situation, and they have to take it off. Then, if you are
    so inclined, you can sue Sprint for fraud and defamation, and get compensated with punitives.

    Trust me, Sprint want's to stay as far away from the courtroom as possible. It will never make
    it that far. They know they are wrong, they are just hoping that you don't know that.

    Lots of people have dropped their contract penalty-free over the LNP fee. It doesn't hurt to try
    to make you pay the fee, but they aren't going to push the issue.

    Despite what you think of them, they aren't that stupid.




  10. #10
    Arthur Dent
    Guest

    Re: Sprint won't adhere to their own contract...


    "Chris Russell" <[email protected]> wrote in message
    news:[email protected]
    > What carrier that you are going to change to will not be charging
    > similar fees? You're making much ado about something that you can not
    > change and will be obligated to pay if you want a cell phone. It's
    > stated by the FCC that carriers may (they do not HAVE to, but most if
    > not all will) charge a fee to recover their costs for wireless line
    > portability.


    > Chris


    Yes I know that paying a recovery fee for Fed programs is pretty much
    inevitable with any carrier out there. The most notable exception is of
    course Verizon who is not currently charging a recovery fee for Pooling
    and/or Portablility. What's more, AT&T and Cingular DO charge a flat fee to
    recover costs of Fed programs, but they charge less than Sprint. The same
    $35 monthly plan in the same service taxing area will yeild a lower bill
    after taxes and surcharges are applied with AT&T, Cingular, or Verizon than
    the same $35 with Sprint. Another point to note is that AT&T did not add
    its recovery fee to existing customers' plans, only new plans given to new
    customers or existing customers switching to the new plans. Sprint has
    decided to act like my cable company and announce a rate hike. The
    difference being I can always shut off my cable service with no fee since
    I'm not under a contract.

    The much ado for myself is that I feel it's wrong to unilaterally
    change the fees thereby upping my charges without me having any say about
    it. If I were to accept the extra fee then I'd have no problem, but the
    fact is I don't accept this rate hike by Sprint and there are other choices
    available to me at a lower monthly cost for equivelent service, IMO.

    As always YMMV.

    ** I also want to add that a very nice Sprint rep has helped me end my
    service with no ETF. This kind soul apparently understands Sprint's T&C's
    and has renewed my opinion of Sprint.







  11. #11
    Arthur Dent
    Guest

    Re: Sprint won't adhere to their own contract...


    "Jerome Zelinske" <[email protected]> wrote in message
    news:[email protected]
    > The Ts and Cs do not give you a right to cancel without paying the
    > early termination fee, due to the portability charge.


    Jerome, yes they do. If Sprint upps my monthly charges in any way other
    than a governmentally mandated charge or tax, then I have the right as
    prescribed to me in the T&C's to not concede to the higher charge and be
    released from the agreement without termination penalty. If I accept the
    higher charges, then I do nothing.

    This charge is essentially "made up" by Sprint as a means to recover the
    costs of a federally mandated program, namely WLNP. Sprint concedes that
    the charge is NOT mandated. Sprint could have just as easily not charged it
    (just renamed the surcharge), charged a lesser amount, or charged a higher
    amount. This is why it's important to understand my rights as a party of
    the advantage agreement. If Sprint changes the agreement, then I have to
    accept the changes. The change in this case is the Number Pooling charge
    going from $.47 to $1.10 in the form of the Number Pooling and Portablility
    charge.

    I have decided to excercise my right to deny the new agreement and end
    my service with Sprint, but the individuals I spoke to on Thursday did not
    completely understand the T&C's. If I were to use your logic, Jerome, then
    Sprint could effectively charge all of its customers an extra $10 per month,
    call it a number pooling charge, and all of Sprint's customers would just
    have to suck it up. Do you think that's fair?

    For the record, a Sprint representative has waived my ETF, adhereing to the
    T&C's and for that I am appreciative.


    > They do however give Sprint PCS the option of completely ending
    > any no longer offered, plans. If the new plans available will affect
    > you in the manner put forth in the Ts and Cs, then you could opt out of
    > your contract.
    >


    This has been an option available to Sprint for a long time. However, I've
    never heard of a carrier completely ending a rate plan unless the account
    were not still under contract. In this case, the customer would then have
    the option to end said service with Sprint with no further financial
    liability (ETF).






  12. #12
    Lawrence G. Mayka
    Guest

    Re: Sprint won't adhere to their own contract...

    "Chris Russell" <[email protected]> wrote in message
    news:[email protected]
    > What carrier that you are going to change to will not be charging
    > similar fees? You're making much ado about something that you can not
    > change and will be obligated to pay if you want a cell phone. It's


    False. Verizon does not charge such a fee. If, when number portability is
    actually available, Verizon then charges such a fee, it will be roughly 10-15
    cents per line. Sprint's $1.10/line is roughly ten times the actual cost, and
    is being levied on existing customers effectively contrary to agreement.

    Once again: The number portability surcharge is neither required nor calculated
    by any government body. The FCC "allows" it only in the same sense that the FCC
    "allows" wireless carriers to charge a monthly rate to cover their costs of
    providing service. In other words, the surcharge is simply a rate increase, and
    it is a shocking violation for Sprint to list it under "Taxes," as it does on my
    latest bill. Indeed, the government has a strong claim in seizing all money
    collected in this fashion, since by definition a tax is money earmarked to be
    paid to a government body.





  13. #13
    Pac-Man
    Guest

    Re: Sprint won't adhere to their own contract...


    To Auther Dent,

    I don't know the whole situtation but reguardless of the situtation you
    did sign a 1 year or 2 year contract and it does state that if you
    terminate it early you are apt to pay the fee?

    And that fee is added due to federal regulations, and even if you go to
    another carrier that new fee will already be incorperated into your
    bill. My guess is you should have finished out your contract.

    --
    Posted at SprintUsers.com - Your place for everything Sprint PCS
    Free wireless access @ www.SprintUsers.com/wap




  14. #14
    Eric
    Guest

    Re: Sprint won't adhere to their own contract...

    <<In other words, the surcharge is simply a rate increase, and it is a
    shocking violation for Sprint to list it under "Taxes," as it does on my
    latest bill. Indeed, the government has a strong claim in seizing all
    money collected in this fashion, since by definition a tax is money
    earmarked to be paid to a government body.>>

    Not taking sides here because I can see how this charge can irritate a
    lot of people... but my latest bill lists the charge under the
    "Surcharges and Fees" section. It is not listed as a tax. I never
    thought that Sprint was trying to pass this charge on as a "tax" because
    it is not listed as so, but rather an additional "sur" charge.

    Eric




  15. #15
    Humor Guy
    Guest

    Re: Sprint won't adhere to their own contract...

    Arthur Dent wrote:
    > "Chris Russell" <[email protected]> wrote in message
    > news:[email protected]
    >> What carrier that you are going to change to will not be charging
    >> similar fees? You're making much ado about something that you can
    >> not change and will be obligated to pay if you want a cell phone.
    >> It's stated by the FCC that carriers may (they do not HAVE to, but
    >> most if
    >> not all will) charge a fee to recover their costs for wireless line
    >> portability.

    >
    >> Chris

    >
    > Yes I know that paying a recovery fee for Fed programs is pretty
    > much inevitable with any carrier out there. The most notable
    > exception is of course Verizon who is not currently charging a
    > recovery fee for Pooling and/or Portablility. What's more, AT&T and
    > Cingular DO charge a flat fee to recover costs of Fed programs, but
    > they charge less than Sprint. The same $35 monthly plan in the same
    > service taxing area will yeild a lower bill after taxes and
    > surcharges are applied with AT&T, Cingular, or Verizon than the same
    > $35 with Sprint. Another point to note is that AT&T did not add its
    > recovery fee to existing customers' plans, only new plans given to
    > new customers or existing customers switching to the new plans.
    > Sprint has decided to act like my cable company and announce a rate
    > hike. The difference being I can always shut off my cable service
    > with no fee since I'm not under a contract.
    >
    > The much ado for myself is that I feel it's wrong to unilaterally
    > change the fees thereby upping my charges without me having any say
    > about it. If I were to accept the extra fee then I'd have no
    > problem, but the fact is I don't accept this rate hike by Sprint and
    > there are other choices available to me at a lower monthly cost for
    > equivelent service, IMO.
    >
    > As always YMMV.
    >
    > ** I also want to add that a very nice Sprint rep has helped me end my
    > service with no ETF. This kind soul apparently understands Sprint's
    > T&C's and has renewed my opinion of Sprint.


    What is the big deal about paying $1.10 a month? Are people really this hard
    up? Does paying the $1.10 prevent you from participating in a function that
    would normally have used this $1.10 that you have to pay Sprint now? I just
    want to know....I'm not being a jerk....but I just don't (seriously)
    understand.





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