arigold

Weasel Out of Your Verizon Contract for Free - Gizmodo

Want to get out of your Verizon contract? Still have like 18 months left on it because you have an inability to commit to things even though you've signed a legal contract committing to paying for two years of service? Looking for a sleazy yet legal loophole to ditch the contract only to sign another contract with someone else that you'll be trying to get out of in three months? Good news, asshole. Here's a way to do just that.

Consumerist (have we mentioned lately how much we love Consumerist?) is reporting that Verizon is hiking up their monthly fees by a measly 30 cents in March. That constitutes a material change of your contract, allowing you to break it with no penalty. Yeah, 30 cents. Have fun keeping a straight face while you argue with the Verizon CSR about how much that hurts you. –Adam Frucci

NotSmellyPrepaid

Not to put to fine a point on this.... But aren't "monthly fees" specifically listed in most cell contracts as separate from the monthly pricing plan? As in: "$45.99 per month PLUS additional government and administrative fees, which are subject to change without notice." This is not an exact quote of anybody's contract, but simply a paraphrase of what I've seen in several contracts. As long as it's not a change from $45.99 to $46.29, I would think it wouldn't be considered a contractual change, just one of their administrative fees that is already subject to change without notice.

Just thinking again... LOL!

arigold

Read the CTIA customer rights statement. It outlines ALOT! I'll go search and post why, but we could have a lengthy debate on what constitutes a material breach.

arigold

Provide customers the right to terminate service for changes to contract terms.
Carriers will not modify the material terms of their subscribers' contracts in a manner that is materially adverse to subscribers without providing a reasonable advance notice of a proposed modification and allowing subscribers a time period of not less than 14 days to cancel their contracts with no early termination fee.

Section 7 of the CTIA consumer rights agreement. I found it on Cingular's website but its the agreement that applies to all wireless consumers across the board.

NotSmellyPrepaid

Even for fee increases that are previously stated to be subject to change?

arigold

Our Rights To Make Changes
Your service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.

A material adverse contract could EASILY be proven to be .30
Whats to say 60 cents, 90 cents, 1 dollar is any different. You agreed to a contract and a set fee at the time, its on a copy of your contract. Should Verizon alter that contract as stated above you have the right to cancel the contract by contacting them. Does it mean using your phone after that notice is sent is agreeing to the terms, sure. So does it mean that not using your phone will aid your argument, absolutely. Any lawyer could argue that a material breach of a contract isn't based on the dollars involved but by the notion that there is a change, any change. Anyone who can argue with some concept of cohesion could easily handle a verizon cs rep and work their way out of this.

NotSmellyPrepaid

Hmmmm.... I'm wondering if I could use this same concept to dispute checking account fees? Probably not, they'd just tell me to take my money and don't let the door hit me in the rear on my way out. (We're not exactly their biggest customer, loL!, more like second to the smallest!)

Bank A recently got bought by Bank B. Overall, Bank B isn't so bad, but I read the fine print a couple weeks ago, and they're changing bounce fees and at the same time changing deposit posting policies. Quite annoying!

arigold

Did you sign a contract with the bank? You and the bank have a mutual understanding but not a contract.

NotSmellyPrepaid

I hadn't thought of it that way because all those stupid "privacy" notices and updates on policy notices make it almost seem like you have a contract with everybody who sends you one. But you're right - no contract.

I got the heebie-jeebies a few weeks ago when I made the mistake of actually reading a HIPAA notice and a consent for treatment notice at Children's. Yikes!

arigold

You should know young lady to always be more careful about what you sign!! Wireless contracts are not as ironclad as one might think though like most contracts they are designed to prevent you from "upping" the carrier. Still, there's always a loophole.

MobilePrincess

I would be very surprised if someone would be able to actually cash in their contract over this change. I was able to get out of one of my contracts with Verizon the last time they had the .40 cent increase, but it was hard and I had to fight my way to the top customer service manager to get it done. I know a few people who tried also after I told them about it, but Verizon wouldn't let them out. The best that they would offer them was .40 cents a month off of their bill or a credit on what it would cost them for the remainder of their contract. It says it right in their cutomer agreement that they have the right to make changes.

arigold

See some of my posts above that point blank says that they have the right to make changes but upon making those changes a customer has a right cancel the contract if they do not accept the changes and use the service AFTER the change has been made.

MobilePrincess

I realize this, but in my post above I listed ways in which Verizon got around not letting people out of their contracts. If a customer really wanted out that badly then they will end up doing what I did and speak to a manager, because a regular rep. will not be able to waive the ETF.

arigold

Then you keep escalating and escalating and using as much legal verbiage as possible. Verizon issues orders to their reps to offer credits and the like but that doesn't the notion that its still a material breach of the contract, they would lose in a court battle. So long as your phone remained unused AFTER the notification which would only have to last a day or two at most until you can call them they have no argument in which they could say you absolutely cannot get out.

Earl Camembert

This is why the country is full of lawyers.
I don't know why someone would sign a contract for phone service, especially a two year long one, especially especially when the company can change it at their caprice.