Results 1 to 15 of 16
- 08-20-2003, 01:11 AM #1JustinGuest
So can I definatley get out of the contract I am locked into by disagreeing
on the matter of the number portability charge? Sprint service is horrible
in my area and I am basically paying for junk service.
Is there a certain date I have to do this by?
TIA
› See More: ending sprint contract
- 08-20-2003, 01:43 AM #2p laneGuest
Re: ending sprint contract
From reading the previous posts apparently if you have poor service,
that is a valid reason the cancel your service--if this is the truth,
why not try that--it is easier to argue when the facts you are aware of
are on your side.
"Justin" <[email protected]> wrote in article
<[email protected]>:
> So can I definatley get out of the contract I am locked into by disagreeing
> on the matter of the number portability charge? Sprint service is horrible
> in my area and I am basically paying for junk service.
>
> Is there a certain date I have to do this by?
>
> TIA
>
>
[posted via phonescoop.com - free web access to the alt.cellular groups]
- 08-20-2003, 04:36 AM #3Lawrence G. MaykaGuest
Re: ending sprint contract
"Justin" <[email protected]> wrote in message
news:[email protected]...
> So can I definatley get out of the contract I am locked into by disagreeing
> on the matter of the number portability charge? Sprint service is horrible
> in my area and I am basically paying for junk service.
>
> Is there a certain date I have to do this by?
Reportedly, the end of August unless the California judge extends the
injunction.
- 08-20-2003, 08:54 AM #4justinGuest
Re: ending sprint contract
> From reading the previous posts apparently if you have poor service,
> that is a valid reason the cancel your service--if this is the truth,
> why not try that--it is easier to argue when the facts you are aware of
> are on your side.
>
Well, I tried that after dropping between 80 and 90% of my phone
calls, taking the phones to the stores, following ALL of their advice,
and I still couldn't get their service in my area, although it was
OBVIOUS that I was well within their LARGE FOREST GREEN-COLORED AREA
on their Sprint PCS covereage maps in their stores, which, ironically,
didn't show a hole around my area.
That is a lie.
Anyways, at least 15 different "supervisors" and "managers" refused to
waive the fee. Sprint PCS is engaged in illegal activities out the
ass.
- 08-27-2003, 09:43 PM #5Steven J SobolGuest
Re: Contract
SpEyE <Speye> wrote:
> The point is I have never signed my name to any contract, nor has the
> other person on a shaired plan. Can they leaglly hold us to any
> contract?? Never once have we agreed to any term of service nor to any
> particular plan in writting. Comments...
Other providers force you to sign a contract. Sprint didn't used to.
For $10 more than the normal monthly rate you could go month to month.
When we signed up for SPCS service and lived in Mentor on the Lake, Ohio,
we did that at first because the coverage map didn't show coverage in our
neighborhood, but we had a used phone given to us by a friend and we wanted
to try it anyhow. (Turns out that Sprint's M-O-L coverage is actually
quite good.)
I think they still may have the $10-more-per-month-for-no-contract policy.
But I don't know if that holds for a share plan.
--
JustThe.net Internet & Multimedia Services
22674 Motnocab Road * Apple Valley, CA 92307-1950
Steve Sobol, Proprietor
888.480.4NET (4638) * 248.724.4NET * [email protected]
- 08-27-2003, 09:50 PM #6JohnGuest
Re: Contract
If you're asking whether oral contracts are binding, then yes they are. If
you're asking anything else, then I'm not diving into that pile of worms.
"SpEyE" <Speye> wrote in message
news:[email protected]...
> We have been with Sprint for 3 months now and have paid the bills. I
> am dissapointed in their lack of phones, I was promised the T608 would
> be out. I have been told a number of times the CSR would call back,
> never has. The local store SUCKS big time. always out of stoc, and I
> know more about Sprint the he does.
> The point is I have never signed my name to any contract, nor has the
> other person on a shaired plan. Can they leaglly hold us to any
> contract?? Never once have we agreed to any term of service nor to any
> particular plan in writting. Comments...
- 08-27-2003, 10:31 PM #7ShackMasterGuest
Re: Contract
Your verbal(or internet, depending on how you activated your phone)
agreement is 100% just as legally binding as a written one. You did
agree to the terms and conditions of that agreement by either saying
"yes" to a person on the phone, or by clicking a like that followed a
long paragraph that started with: 'by clicking below you agree. . .'
However, your Add-a-phone is not under any agreement at all, and you
can terminate the service on that phone at any time you desire.
It's interesting how you are dissatisfied with Sprint's selection of
phones when in the 3 months since you've signed up they've released 3
new models, and several new models are pending release (one of which is
reportedly the T608 you mentioned). Is that the *only* reason you want
to cancel? If so, that's pretty much where you stand, and I doubt any
requests to cancel would be given any thought by Sprint PCS at all.
--
Posted at SprintUsers.com - Your place for everything Sprint PCS
Free wireless access @ www.SprintUsers.com/wap
- 08-27-2003, 10:42 PM #8p laneGuest
Re: Contract
I realize that an oral contract is binding, but there is an awful lot of
fine print on the back of either the brochure or the written
contract--wouldn't you just be let to the basic spoken aspects of the
verbal contract, whatever that was?
"John" <[email protected]> wrote in article
<4_e3b.278395$YN5.192634@sccrnsc01>:
> If you're asking whether oral contracts are binding, then yes they are. If
> you're asking anything else, then I'm not diving into that pile of worms.
>
>
>
> "SpEyE" <Speye> wrote in message
> news:[email protected]...
> > We have been with Sprint for 3 months now and have paid the bills. I
> > am dissapointed in their lack of phones, I was promised the T608 would
> > be out. I have been told a number of times the CSR would call back,
> > never has. The local store SUCKS big time. always out of stoc, and I
> > know more about Sprint the he does.
> > The point is I have never signed my name to any contract, nor has the
> > other person on a shaired plan. Can they leaglly hold us to any
> > contract?? Never once have we agreed to any term of service nor to any
> > particular plan in writting. Comments...
>
>
[posted via phonescoop.com - free web access to the alt.cellular groups]
- 08-27-2003, 10:56 PM #9JohnGuest
Re: Contract
No. I'm sure the oral contract you've agreed to at some point referred to
the written terms. Even if it didn't, you'd have a hard time convincing
anyone that you honestly didn't realize that there may be written terms
elsewhere in addition to the oral contract. Since the written terms are
freely available, and almost assuredly included in the box containing the
phone, your oral agreement constitutes acceptance of the oral and written
terms. The oral and written terms are parts of a single contract, you can't
take it piecemeal.
"p lane" <[email protected]> wrote in message
news:[email protected]...
> I realize that an oral contract is binding, but there is an awful lot of
> fine print on the back of either the brochure or the written
> contract--wouldn't you just be let to the basic spoken aspects of the
> verbal contract, whatever that was?
>
> "John" <[email protected]> wrote in article
> <4_e3b.278395$YN5.192634@sccrnsc01>:
> > If you're asking whether oral contracts are binding, then yes they are.
If
> > you're asking anything else, then I'm not diving into that pile of
worms.
> >
> >
> >
> > "SpEyE" <Speye> wrote in message
> > news:[email protected]...
> > > We have been with Sprint for 3 months now and have paid the bills. I
> > > am dissapointed in their lack of phones, I was promised the T608 would
> > > be out. I have been told a number of times the CSR would call back,
> > > never has. The local store SUCKS big time. always out of stoc, and I
> > > know more about Sprint the he does.
> > > The point is I have never signed my name to any contract, nor has the
> > > other person on a shaired plan. Can they leaglly hold us to any
> > > contract?? Never once have we agreed to any term of service nor to any
> > > particular plan in writting. Comments...
> >
> >
>
> [posted via phonescoop.com - free web access to the alt.cellular groups]
- 08-27-2003, 11:06 PM #10ShackMasterGuest
Re: Contract
Sprint asks you whether or not you understand the terms of service. You
can then say yes or no. If you say yes, they ask you whether or not you
agree to them. You can then say yes or no. If you are unaware of the
terms after that, it's your own faultt for not konwing what you were
agreeing to.
The person asking this question *probably* (I'm just guessing, I
obviously wasn't there) didn't bother to read any of the fine (or the
not so fine) print anywhere and is just looking for an easy way out of
his contract. Not very many people are looking to get out of their
service just 3 months after they've signed up. Of thos that I've seen
None of them (with the slightly possible exception of 1 mabye) bothered
to read the contract they were signing. If this person had bothered to
try and understand what he was getting himself into, he would not be
asking this question.
--
Posted at SprintUsers.com - Your place for everything Sprint PCS
Free wireless access @ www.SprintUsers.com/wap
- 08-28-2003, 12:26 AM #11p laneGuest
Re: Contract
This is a ridiculous argument--I'm no attorney, but if your arguement
were true, there could be a whole building full of brochures or
contracts, or whatever that you say I would have to be bound by, give me
a break. and if you are an attorney, oh well--even if there were just
one brochure contract, thru these posting, apparently. just the part on
vision usage seems to have changed at least three times in one year-- do
you also argue that I would be held to these, if so, which of these
three different contracts would I be held to, and who would decide
that--I would love to hear this argument in a court--If virtually
anything you mention were remotely true, then it would be very risky for
anyone to speak to sprint or anyone else.
The oral contract I believe would be governed by the statues of fraud in
the various states, and at the most would appear only to bound what is
mentioned in the agreement, but very little else. just my guess.
"John" <[email protected]> wrote in article
<YXf3b.279359$Ho3.38127@sccrnsc03>:
> No. I'm sure the oral contract you've agreed to at some point referred to
> the written terms. Even if it didn't, you'd have a hard time convincing
> anyone that you honestly didn't realize that there may be written terms
> elsewhere in addition to the oral contract. Since the written terms are
> freely available, and almost assuredly included in the box containing the
> phone, your oral agreement constitutes acceptance of the oral and written
> terms. The oral and written terms are parts of a single contract, you can't
> take it piecemeal.
>
>
> "p lane" <[email protected]> wrote in message
> news:[email protected]...
> > I realize that an oral contract is binding, but there is an awful lot of
> > fine print on the back of either the brochure or the written
> > contract--wouldn't you just be let to the basic spoken aspects of the
> > verbal contract, whatever that was?
> >
> > "John" <[email protected]> wrote in article
> > <4_e3b.278395$YN5.192634@sccrnsc01>:
> > > If you're asking whether oral contracts are binding, then yes they are.
> If
> > > you're asking anything else, then I'm not diving into that pile of
> worms.
> > >
> > >
> > >
> > > "SpEyE" <Speye> wrote in message
> > > news:[email protected]...
> > > > We have been with Sprint for 3 months now and have paid the bills. I
> > > > am dissapointed in their lack of phones, I was promised the T608 would
> > > > be out. I have been told a number of times the CSR would call back,
> > > > never has. The local store SUCKS big time. always out of stoc, and I
> > > > know more about Sprint the he does.
> > > > The point is I have never signed my name to any contract, nor has the
> > > > other person on a shaired plan. Can they leaglly hold us to any
> > > > contract?? Never once have we agreed to any term of service nor to any
> > > > particular plan in writting. Comments...
> > >
> > >
> >
> > [posted via phonescoop.com - free web access to the alt.cellular groups]
>
>
[posted via phonescoop.com - free web access to the alt.cellular groups]
- 08-28-2003, 03:19 AM #12JohnGuest
Re: Contract
Let's put it this way. I don't deal with consumer protection laws very much
in my line of work, and that's what would probably govern SPCS's Advantage
Agreements. Since I'm not familiar with them and I don't know which
jurisdiction you're in, I make no claims regarding the validity of the AA's
in a court of law. But, if we pretend that consumer protection laws don't
apply, and only standard contract law applies, this is what would follow:
You verbally agreed to a contract (SPCS's AA). An oral acceptance is
binding in any court of law. You also should have realized, or been
explicitly told, that the terms verbally represented to you are not all the
terms of the Advantage Agreement. The fact that you've seen a brochure and
know that fine print exists support your actual or constructive knowledge of
the existence of further terms. All of these terms are part of one
contract, the AA. Agreeing to that contract means that you agree to all the
terms, not just the ones you like. The only terms that could possibly be
stricken are the ones that are illegal or the ones that were fradulently
concealed from you. Neither of those apply in the OP's case.
I believe the case most law schools currently teach to illustrate this exact
situation is Hill v. Gateway 2000, Inc. 105 F.3d 1147 (7th Cir. 1997). Hill
agreed to buy a computer from Gateway over the phone. The Gateway
representative quite obviously did not read all the terms of the purchase
contract. When the computer arrived, it included a written purchase
agreement with all the terms, which Hill did not read. The 7th Circuit
Court of Appeals stated that "a contract need not be read to be effective;
people who accept take the risk that the unread terms may in retrospect
prove unwelcome." (citations deleted). The fact that Hill did not have the
complete written terms when he verbally agreed did not matter since he had
an opportunity to revoke his acceptance once he received the full terms.
SPCS also allows this with their 14 day cancellation policy. The US Supreme
Court denied cert., and I know of no other case that distinguishes this
case, so it's pretty much the final word. Since the cases are essentially
identical, Hill v. Gateway 2000 should control and the OP's stuck.
The Statute of Frauds does not apply in this case. This Statute invalidates
non-written contracts that can not be performed within 1 year. The AA is
for 1 year, so verbal acceptance is ok. Two year verbal AA's, well, I have
my doubts on whether those can be enforced.
Also, just to be clear, the AA is a completely separate contract from the
TOS agreement with all the Vision stuff. The TOS is basically you pay SPCS,
they "provide" you with service. The AA is basically you agree to maintain
service for 1 year, they give you a discount. That's why its possible for
some people to be bound by the TOS, but not have an AA.
So, end result, OP has two contracts, both of which are binding.
Considering only standard contract law, he's stuck. Ridiculous? If you say
so. But that doesn't necessarily make it wrong.
Now, I'm not sure I understand what you're trying to say with your building
full of brochures/contracts comment. Let's just say this. There could be a
billion different contracts there, but you're only bound to the one that
says SPCS's AA, because that's the only one you agreed to. The others are
irrelevant.
One last thing. The TOS/Vision agreement. TOS's are routinely updated and
they always have a clause stating that they reserve the right to change it
at any time. You've already agreed to their right to change the TOS and
agree to be bound by the latest version, *provided* that the new terms are
not materially different from the old terms. If the new terms are
materially different, you can argue that SPCS breached the TOS and so you're
no longer bound by it either. If they breach the TOS, they've also breached
the AA by extension, allowing you out of both. Arguably, the revisions
regarding Vision limits are material. The only way to find out for sure is
to go to court. Now, if they raise your rates by 0.0001 cents, that's not
material, and so doesn't constitute a breach in either the TOS or AA.
Once again, all this is assuming consumer protection laws don't apply, which
they do. So, if you want a BBO number and an opinion that takes into
account consumer protection laws, please let me know your name and address.
I'll be sure to include them will a bill. Cheers.
"p lane" <[email protected]> wrote in message
news:[email protected]...
> This is a ridiculous argument--I'm no attorney, but if your arguement
> were true, there could be a whole building full of brochures or
> contracts, or whatever that you say I would have to be bound by, give me
> a break. and if you are an attorney, oh well--even if there were just
> one brochure contract, thru these posting, apparently. just the part on
> vision usage seems to have changed at least three times in one year-- do
> you also argue that I would be held to these, if so, which of these
> three different contracts would I be held to, and who would decide
> that--I would love to hear this argument in a court--If virtually
> anything you mention were remotely true, then it would be very risky for
> anyone to speak to sprint or anyone else.
>
> The oral contract I believe would be governed by the statues of fraud in
> the various states, and at the most would appear only to bound what is
> mentioned in the agreement, but very little else. just my guess.
>
> "John" <[email protected]> wrote in article
> <YXf3b.279359$Ho3.38127@sccrnsc03>:
> > No. I'm sure the oral contract you've agreed to at some point referred
to
> > the written terms. Even if it didn't, you'd have a hard time convincing
> > anyone that you honestly didn't realize that there may be written terms
> > elsewhere in addition to the oral contract. Since the written terms are
> > freely available, and almost assuredly included in the box containing
the
> > phone, your oral agreement constitutes acceptance of the oral and
written
> > terms. The oral and written terms are parts of a single contract, you
can't
> > take it piecemeal.
> >
> >
> > "p lane" <[email protected]> wrote in message
> > news:[email protected]...
> > > I realize that an oral contract is binding, but there is an awful lot
of
> > > fine print on the back of either the brochure or the written
> > > contract--wouldn't you just be let to the basic spoken aspects of the
> > > verbal contract, whatever that was?
> > >
> > > "John" <[email protected]> wrote in article
> > > <4_e3b.278395$YN5.192634@sccrnsc01>:
> > > > If you're asking whether oral contracts are binding, then yes they
are.
> > If
> > > > you're asking anything else, then I'm not diving into that pile of
> > worms.
> > > >
> > > >
> > > >
> > > > "SpEyE" <Speye> wrote in message
> > > > news:[email protected]...
> > > > > We have been with Sprint for 3 months now and have paid the bills.
I
> > > > > am dissapointed in their lack of phones, I was promised the T608
would
> > > > > be out. I have been told a number of times the CSR would call
back,
> > > > > never has. The local store SUCKS big time. always out of stoc, and
I
> > > > > know more about Sprint the he does.
> > > > > The point is I have never signed my name to any contract, nor has
the
> > > > > other person on a shaired plan. Can they leaglly hold us to any
> > > > > contract?? Never once have we agreed to any term of service nor to
any
> > > > > particular plan in writting. Comments...
> > > >
> > > >
> > >
> > > [posted via phonescoop.com - free web access to the alt.cellular
groups]
> >
> >
>
> [posted via phonescoop.com - free web access to the alt.cellular groups]
- 08-28-2003, 03:27 AM #13JohnGuest
Re: Contract
One last thing. Contesting it in court is not risky at all. Filing in
small claims court around here costs approx. $15. You don't need an
attorney. So if you lose, you're only out $15 plus time. Heck, small
claims courts are even historically pro-consumer and give plenty of leeway
against a big corporation. I'd say you probably would have a decent chance
of winning. It's not likely, but a heck of a lot better than it should be.
"p lane" <[email protected]> wrote in message
news:[email protected]...
> This is a ridiculous argument--I'm no attorney, but if your arguement
> were true, there could be a whole building full of brochures or
> contracts, or whatever that you say I would have to be bound by, give me
> a break. and if you are an attorney, oh well--even if there were just
> one brochure contract, thru these posting, apparently. just the part on
> vision usage seems to have changed at least three times in one year-- do
> you also argue that I would be held to these, if so, which of these
> three different contracts would I be held to, and who would decide
> that--I would love to hear this argument in a court--If virtually
> anything you mention were remotely true, then it would be very risky for
> anyone to speak to sprint or anyone else.
>
> The oral contract I believe would be governed by the statues of fraud in
> the various states, and at the most would appear only to bound what is
> mentioned in the agreement, but very little else. just my guess.
>
> "John" <[email protected]> wrote in article
> <YXf3b.279359$Ho3.38127@sccrnsc03>:
> > No. I'm sure the oral contract you've agreed to at some point referred
to
> > the written terms. Even if it didn't, you'd have a hard time convincing
> > anyone that you honestly didn't realize that there may be written terms
> > elsewhere in addition to the oral contract. Since the written terms are
> > freely available, and almost assuredly included in the box containing
the
> > phone, your oral agreement constitutes acceptance of the oral and
written
> > terms. The oral and written terms are parts of a single contract, you
can't
> > take it piecemeal.
> >
> >
> > "p lane" <[email protected]> wrote in message
> > news:[email protected]...
> > > I realize that an oral contract is binding, but there is an awful lot
of
> > > fine print on the back of either the brochure or the written
> > > contract--wouldn't you just be let to the basic spoken aspects of the
> > > verbal contract, whatever that was?
> > >
> > > "John" <[email protected]> wrote in article
> > > <4_e3b.278395$YN5.192634@sccrnsc01>:
> > > > If you're asking whether oral contracts are binding, then yes they
are.
> > If
> > > > you're asking anything else, then I'm not diving into that pile of
> > worms.
> > > >
> > > >
> > > >
> > > > "SpEyE" <Speye> wrote in message
> > > > news:[email protected]...
> > > > > We have been with Sprint for 3 months now and have paid the bills.
I
> > > > > am dissapointed in their lack of phones, I was promised the T608
would
> > > > > be out. I have been told a number of times the CSR would call
back,
> > > > > never has. The local store SUCKS big time. always out of stoc, and
I
> > > > > know more about Sprint the he does.
> > > > > The point is I have never signed my name to any contract, nor has
the
> > > > > other person on a shaired plan. Can they leaglly hold us to any
> > > > > contract?? Never once have we agreed to any term of service nor to
any
> > > > > particular plan in writting. Comments...
> > > >
> > > >
> > >
> > > [posted via phonescoop.com - free web access to the alt.cellular
groups]
> >
> >
>
> [posted via phonescoop.com - free web access to the alt.cellular groups]
- 08-28-2003, 07:23 AM #14Thomas T. VeldhouseGuest
Re: Contract
"ShackMaster" <[email protected]> wrote in message
news:[email protected]...
>
> Your verbal(or internet, depending on how you activated your phone)
> agreement is 100% just as legally binding as a written one. You did
> agree to the terms and conditions of that agreement by either saying
> "yes" to a person on the phone, or by clicking a like that followed a
> long paragraph that started with: 'by clicking below you agree. . .'
> However, your Add-a-phone is not under any agreement at all, and you
> can terminate the service on that phone at any time you desire.
>
You had better check your contract on that one. On our receipt, it
specifically says there is a $150 ETF for EACH line. I bought my phone from
Costco and just replaced my old phone, but I had to switch to a Vision plan
, which required a 1-year agreement, at that time, I bought my wife a new
phone (an A460) and it was subject to instant rebates, which in the end,
only cost me $30.
Tom Veldhouse
- 08-28-2003, 08:45 PM #15ShackMasterGuest
Re: Contract
I don't have to check my contract. Add-a-phones are not under any
agreement. (Until the 1st of September). That is why, when you want to
buy a new phone and make it an Add-a-phone on your existing account,
the rebate on the AAP phone depends on how long you renew your contract
on your main line. Just call customer service and ask them if you are
able to cancel the service on your second line. That *was* one of
Sprint PCS' competetive advantages. This doesn't too much matter any
more because on September 1st it is changing, and the Add-A-Phone will
require its own agreement, and the rebate received on it will depend on
that agreement.
--
Posted at SprintUsers.com - Your place for everything Sprint PCS
Free wireless access @ www.SprintUsers.com/wap
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