05-08-09 06:37 AM
40 12
tools
  1. Dragonball1842's Avatar
    The contract does not state anything about the rate of SMS, therefore this change (that I doubt is happening - too many government officials are investigating this for price gouging as it is) would not be covered as a requirement to allow an ETF-free departure. The terms state "IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU..." and many reps/supervisors would argue that a change to SMS would be adverse for two reasons: 1) it is not defined by contract and 2) they offer alternatives to make it NOT adverse (ex. plans starting at $5 -- anyone still using pay-as-you-go SMS is paying too much being 20-cents a message * 25 messages would be $5, whereas the $5 plan is 500 and unlimited to IN-network). Anything under the value of $5 (their lowest plan) would not be considered ADVERSE in the eyes of a court and that is why they do not HAVE to allow a person to leave.

    I'm not defending the wireless carriers -- I think they should go back to the days of free and unlimited INCOMING SMS/MMS with outgoing being 5-cents like it used to be.

    What do you mean by "too many government officials are investigating this for price gouging as it is"? From my point of view, any Government Officials investigating this is one to many. However, you are correct about the investigation by Legislators.

    for bored mindz: SMS Price Gouging Investigated

    Won't you have the same issues wherever you go. especially if the Comm company's are price fixing?
    05-03-09 11:09 PM
  2. noaim's Avatar
    umm how in the world can texting fees go up....


    ummm this is insane. Im taking my text off for sure. why would i pay even more money then i do for 160 line of text ...

    its already been proving that texting actually lessons network stress over a phone call...


    But whatever..
    05-03-09 11:36 PM
  3. noaim's Avatar
    What do you mean by "too many government officials are investigating this for price gouging as it is"? From my point of view, any Government Officials investigating this is one to many. However, you are correct about the investigation by Legislators.

    for bored mindz: SMS Price Gouging Investigated

    Won't you have the same issues wherever you go. especially if the Comm company's are price fixing?

    I think the problem lies in simple thought process...


    I can purchase a BB pay 30 bucks and get Unlimited email data etc up to 5gb but unlimited 160 character text messages would cost a extra 20 bucks a month on my plan....


    that its PRICE gouging big time... and in the worst form its so obvious....

    I can have aim yahoo msn stream a stickam stream all at the same time for 30 bucks a month but it costs a extra 20 to get unlimited 160 character text messages..


    pretty bad...
    05-03-09 11:38 PM
  4. Dragonball1842's Avatar
    There is price gouging everywhere. How many articles are written about the cost to produce electronic products. The cost is usually less than the selling price. If I want the service, I pay for it. If I am not willing to pay for the increased cost, I cancel. Problem solved.

    These companies are not in business of making you happy. They are in the business the make profits. IMO
    05-03-09 11:46 PM
  5. gypsy76's Avatar
    not sure if this was mentioned but a while back i watched on youtube a guy explaining how to get out of your verizon contract , forget what year it was when text messages went up but you can do it without an ETF google how to get out of your verizon contract i think thats what i did.
    05-04-09 12:24 AM
  6. noaim's Avatar
    i have to retract my statement _--- the change is not a price change ;/ should have read farther..

    its actually a change to what I thought it was as well lol
    05-04-09 05:41 AM
  7. PacificLaw's Avatar
    As Posted by scurvydlicious, this is not a 'grandfather' clause plan. It states that it would be effective to current plan members as reducing the amount of msg sends within their monthly rate. It is an increase as well for month to month members, regardless if you have used this feature it is an optional reason you could have purchased the service. Under California Law you have either 60 or 90 days (there is going to be a change in legislation regarding this, I don't know if it has taken effect) to send in a written request to cancel your contract. Send it priority mail with receipt, as well as one to the Public Utilities Commission. Write it in a professional manner, state that you have requested to opt out of the service specifically for that purpose and you have orally spoken to a customer service representative asking them to discontinue and that they have refused to. Talking on the phone with them, asking them to cancel the contract wont really get you anywhere. Also the Laws of California are more liberal so unless you get to senior supervisors they wont even know the applicable dates. If I get a chance I will post up a Standard Form and mailing address for both locations for you all. Wish you the best, also if you have any questions, you can usually go to your local law library or law school and tell them you are looking for a book for novice on when and how to get out of contracts. Again, hope this helps.

    Uni Pacific School of Law
    (this is in reference to material repeated with permission from gov't forms and is not meant as legal advice from the above mentioned)
    05-06-09 04:31 PM
  8. DesertDogs's Avatar
    I can have aim yahoo msn stream a stickam stream all at the same time for 30 bucks a month but it costs a extra 20 to get unlimited 160 character text messages..


    pretty bad...
    I agree but they all do it because they can and we will pay for it. If everyone stopped paying then we might see a change. They get us because text messages are easy to count and there is a captive market in dumbphones. But $50 for data/text is pretty bad especially considering I can't view flash or play Warcraft on my phone.

    Posted from my CrackBerry at wapforums.crackberry.com
    05-06-09 07:28 PM
  9. blopez24's Avatar
    How does this affect my select family plan?

    Posted from my CrackBerry at wapforums.crackberry.com
    05-06-09 08:01 PM
  10. DesertDogs's Avatar
    How does this affect my select family plan?
    Not one iota. You have unlim messaging anyway so it wouldn't matter if they charge for one or sixteen.

    Posted from my CrackBerry at wapforums.crackberry.com
    05-06-09 08:54 PM
  11. Fire-Detention's Avatar
    They would post this on a bill or send an email before putting this into play. I have not heard of anything.
    05-07-09 10:31 PM
  12. lastraid's Avatar
    All notifications went out about the billing change on the march and april bills.
    05-07-09 10:33 PM
  13. noaim's Avatar
    I agree but they all do it because they can and we will pay for it. If everyone stopped paying then we might see a change. They get us because text messages are easy to count and there is a captive market in dumbphones. But $50 for data/text is pretty bad especially considering I can't view flash or play Warcraft on my phone.

    Posted from my CrackBerry at wapforums.crackberry.com
    haha

    I never bought into the TXT craze even when smartphones weren't that popular. I can remember seeing the first flip verizon smarphones with windows mobile on them and thinking to myself we are going to be "emailing" why text...

    I do pay the 5 bucks to have 50+ unlimited in just so i dont get charged for the random texts i get from people

    but other than that no need for it.
    05-07-09 10:42 PM
  14. jahutch's Avatar
    You can never truly prove that something is materially adverse. It's just like when Sprint changed their administration fees from 45 cents to 75 cents. Many people were able to walk away from their contract. A personal friend called CS for Sprint and he was able to leave ETF free. How is 30 cents materially adverse? Even after two years, the difference in cost is $7.20. How is that material adverse? That clause is a small loop hole to leave contracts ETF free. Who knows why it's there. But my guess would be to protect the customers so companies can't just go around and up their prices.

    In regards to text messaging, yes you can opt to have a package (which could even be unlimited). I, personally, do have an unlimited plan. Anyone that has a current texting plan when there is a change in texting fees is not affected and CANNOT use the "materially adverse" clause. There are some people out there, like my parents, that send only 10 messages a month each. So as of now, it is cheaper to pay per message than pay a monthly fee. This is where it can affect your bill and hence be a "material adverse" affect on you.

    Does that help?
    True, but the other change is materially adverse. I have 250 messages. It used to be if I sent one MMS to 10 people, I'd have 249 left. Now I've got 240 left. That is a SIGNIFICANT difference. For some people it could well force them to purchase a pricier message plan because they are using way more messages. In any case, it is most definitely "materially adverse" as I see it.
    05-07-09 11:36 PM
  15. tstright's Avatar
    And if it bothers you that much, pay the $175 and move on.... People act like they are asking a $1000 to break the contract.
    05-08-09 06:37 AM
40 12
LINK TO POST COPIED TO CLIPBOARD