Let’s get right to it. If you are at all interested in getting your service contract termination WITHOUT that damned ETF (Early Termination Fee), make sure your follow these instructions – you only have until June 1! (Keep in mind that they will do everything to convince you to stay withand/or that you have no other option than to cancel your contract with a penalty – hold your ground!)
T-mobile is planning on increasing SMS text messaging rates as of June 1 of 2007. This is usually sufficient grounds to cancel your service contract without an ETF, but this time it’s a little different – T-mobile is increasing the per-message SMS rates while decreasing the MMS rates. Still, T-mobile Terms of Service (TOS) clearly outlines your right to cancel your contract – it’s all about how you approach it.
- Log into your MyTmobile account and remove any text messaging plans associated with your account (if you have any). If you have an unlimited messaging plan, or have had in the past, remove it for the time being (this may exempt you from cancellation without an ETF, but it’s worth a try).
- As soon as you are certain you’re messaging plan is removed (you will likely get a confirmation SMS text message), send a friend a text message along the lines of “Bye Bye .” This is only neccessary to show that you are affected by the text message rate increase.
- Call T-mobile Customer Support by dialing 611 on your T-mobile handset or 1-800-937-8997. Tell the CSR that you would like to cancel your contract on grounds that the planned SMS text message rate increase is “Materially Adverse” to you. Mention those specific words – something along the lines of, “This text message increase is materially adverse to my situation.”
- The T-mobile CSR will likely tell you that you are not eligible for the ETF waiver and that nothing can be done. At this point you will read off the “Changes to the Agreement or Charges” (you can find this language at the bottom of this article) section of your TOS (Terms of Service) Agreement – this is basically the contract you signed with T-mobile. Make sure to read parts “A” and “B” near the top of the section – this is the pertinent language. (Remember, this is a legal matter, and the T-mobile TOS clearly outlines the language that defines when you can exit your contract without a penalty. You have every legal right to cancel your service with T-mobile, don’t let them tell you otherwise)
- Make sure to state that the SMS text message rate increase is “Materially Adverse” to you and your situation (which is why you want to send that text message without a messaging plan – as stated in Step 1). The words “Materially Adverse” are really important, your CSR may take pause at this statement (at least mine did) since they are not expecting you to throw legal language at them.
- The CSR may put you on hold as they confer with their supervisor, this is likely a good thing and you will likely be let off your contract without penalty (of course, your mileage may vary). If the CSR keeps repeating that their policy excludes you from eligibility from ETF waiver, ask to speak to his or her Supervisor. (Repeat Steps 3 and 4 with the Supervisor).
Again, your own experience may vary, but these general guidelines should help you navigate through the maze of smoke and mirrors that is T-mobile’s retention policy. Be adamant about your rights, and hold your ground.
****Changes to the Agreement or Charges. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IF WE: (A) INCREASE THE CHARGES INCLUDED IN YOUR MONTHLY RECURRING ACCESS RATE PLAN, OR (B) MODIFY A MATERIAL TERM OF OUR AGREEMENT WITH YOU AND THE MODIFICATION WOULD BE MATERIALLY ADVERSE TO YOU, WE WILL NOTIFY YOU OF THE INCREASE OR MODIFICATION AND YOU CAN CANCEL THAT SERVICE WITHOUT PAYING A CANCELLATION FEE (WHICH IS YOUR ONLY REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE. IF YOU DO NOT CANCEL YOUR SERVICE BY FOLLOWING THOSE INSTRUCTIONS, OR YOU OTHERWISE ACCEPT THE CHANGE, THEN YOU AGREE TO THE INCREASE OR MODIFICATION, EVEN IF YOU PAID FOR SERVICE IN ADVANCE. IF THE NOTICE DOES NOT SAY HOW LONG YOU HAVE TO CANCEL, THEN IT IS WITHIN 14 DAYS AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CHARGES FOR PRODUCTS, SERVICES, OPTIONAL SERVICES, OR ANY OTHER CHARGES THAT ARE NOT INCLUDED IN YOUR MONTHLY RECURRING ACCESS RATE PLAN (SUCH AS DIRECTORY ASSISTANCE, ROAMING, DOWNLOADS, AND THIRD-PARTY CONTENT) ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, AND IF YOU CONTINUE TO USE THOSE SERVICES, OR YOU OTHERWISE AGREE TO THE CHANGES, THEN YOU AGREE TO THE NEW CHARGES. VISIT OUR WEB SITE, RETAIL LOCATIONS, OR CALL CUSTOMER CARE FOR CURRENT CHARGES. ****
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