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  1. #1
    Justin
    Guest
    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




  2. #2
    p lane
    Guest

    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]



  3. #3
    Lawrence G. Mayka
    Guest

    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.





  4. #4
    justin
    Guest

    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.



  5. #5
    Steven J Sobol
    Guest

    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]



  6. #6
    John
    Guest

    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...






  7. #7
    ShackMaster
    Guest

    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




  8. #8
    p lane
    Guest

    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
    <[email protected]>:
    > 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]



  9. #9
    John
    Guest

    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
    > <[email protected]>:
    > > 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]






  10. #10
    ShackMaster
    Guest

    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




  11. #11
    p lane
    Guest

    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
    <[email protected]>:
    > 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
    > > <[email protected]>:
    > > > 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]



  12. #12
    John
    Guest

    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
    > <[email protected]>:
    > > 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
    > > > <[email protected]>:
    > > > > 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]






  13. #13
    John
    Guest

    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
    > <[email protected]>:
    > > 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
    > > > <[email protected]>:
    > > > > 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]






  14. #14
    Thomas T. Veldhouse
    Guest

    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





  15. #15
    ShackMaster
    Guest

    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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