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Question about contract renewal and early cancellation fee

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paulisme

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Sep 3, 2003, 11:25:31 AM9/3/03
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I called customer support yesterday to cancel my service with
SprintPCS. The service I was receiving was not adequate in that I
constantly experienced dropped calls and frequently was without
service even in areas which were reasonably within the network. I was
told that I had renewed my contract in March and that I could not
cancel without paying a $150 early cancellation fee. I did not renew
and would not have renewed my service in March because of the
inadequate service I was getting. When I asked for detailed
information about the renewal, the representative was not able to
provide anything but the date. I talked to the representative's
supervisor, and he was not able to give me any details either. He
said that a representative would have called me and asked if I wanted
to renew my contract, but he could not give me the name of the
representative or even verify that the call even took place. The
representative even said that I wasn't up for renewal until May, but
that my contract was renewed in March. I ended up cancelling the
service, but the representative said I'd have to pay the $150 fee.
When I asked if there was anyone else there I could talk to about
this, he told me there wasn't and that I would have to write a letter
to dispute the charge. I'm certain that I never renewed this
contract, yet they say I did. What should I do? Should I file a
dispute with them first, or should I file a complaint with the FTC?

Paul

Phillipe

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Sep 3, 2003, 11:44:20 AM9/3/03
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In article <beea49a9.03090...@posting.google.com>,
paulc...@hotmail.com (paulisme) wrote:

First make sure you had no contact with Sprint in March. It could be
embarressing if they could produce a recording of your renewal.

File with the BBB, your State's Attorney General, the FCC, and the FTC,
with a certfied copy to Sprint. The LAST thing you should do is pay and
hope for a refund later.

Good Luck.

Steven J Sobol

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Sep 3, 2003, 11:49:22 AM9/3/03
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paulisme <paulc...@hotmail.com> wrote:
> to dispute the charge. I'm certain that I never renewed this
> contract, yet they say I did. What should I do? Should I file a
> dispute with them first, or should I file a complaint with the FTC?

This really isn't within the purview of the FTC. If filing complaints,
file with your state Public Utilities Commission (if they regulate wireless
carriers; not all do) and your state Attorney General and the AG in
Kansas, where Sprint is headquartered.

--
JustThe.net Internet & Multimedia Services
22674 Motnocab Road * Apple Valley, CA 92307-1950
Steve Sobol, Proprietor
888.480.4NET (4638) * 248.724.4NET * sjs...@JustThe.net

letsgoflyers81

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Sep 3, 2003, 11:47:54 AM9/3/03
to

paulisme wrote:
> *I called customer support yesterday to cancel my service with
> Paul *

First thing first, if you didn't enter into a new agreement, don't pay.
If they're going to charge you for breaking a contract, they need to
prove that there's a contract. That's why you click a box online or
they record you agreeing during a phone call when you agree to a new
contract. If they can't show proof, then they can't make you pay.
They're either lying about the whole thing, or some rep you talked to
back in March signed you up without your consent or knowledge. Bottom
line is that if you didn't agree to it, don't pay. You can try the
FTC, but send a letter to corporate, the Better Business Bureau, FCC,
and the Attorney General in your state and Sprint's headquarters'
state. Threaten to sue for the $150 plus court costs and let them know
you're sending the letter of your experience to the other outlets.
They'll back off.

--
Posted at SprintUsers.com - Your place for everything Sprint PCS
Free wireless access @ www.SprintUsers.com/wap

Justin

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Sep 3, 2003, 1:21:39 PM9/3/03
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"paulisme" <paulc...@hotmail.com> wrote in message
news:beea49a9.03090...@posting.google.com...

I had pretty much the same experience. Did you buy a new phone in March? I
was told that if you activate a new phone and aren't charged an activation
fee, it's because you are automatically signed up for another one or
two-year contract. I had no idea, no one pointed this out to me. All I
knew was that I went to cancel and they had me down for an additional two
years at the end of the current contract I was under.

If the service is really poor in your area, and you've contacted *2 about
the problem, I'm sure they've had you take the phone in for updates and
diagnostic testing. None of this will likely help, however, but it does
show that you've made efforts to allow the company to resolve your issues.
Also, if you do get in contact with someone at Sprint that says they'll
waive the fee, call back and verify this. You'd be amazed at how they lie
to get you off the phone.

Next step is to write letters to the BBB in your state *and* in Kentucky and
Missouri, where Sprint's corporate headquarters, CEO, and billing
departments are located. Also, mail the same letter to the Attorney Generals
of each state, and to the FCC. Make sure you write very professionally and
unemotionally. State your case, the sequence of events or steps you took to
resolve the issue, etc.

It's sad that you'd have to go that far, but Sprint *will not* admit to
having coverage problems in areas they advertise. They will always tell you
that you are receiving service.

Good luck.

Justin


Steven J Sobol

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Sep 3, 2003, 1:31:02 PM9/3/03
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Phillipe <pf...@yahoo.com> wrote:

> File with the BBB, your State's Attorney General, the FCC, and the FTC,
> with a certfied copy to Sprint. The LAST thing you should do is pay and
> hope for a refund later.

Don't file with the BBB, the BBB is toothless.
The FTC doesn't have a whole lot of say over the matter.

Best bet is your state's PUC if they handle wireless (some don't),
your state's AG, the Kansas AG, and the FCC if necessary.

Eric

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Sep 3, 2003, 1:16:06 PM9/3/03
to
<<I was told that I had renewed my contract in March and that I could
not cancel without paying a $150 early cancellation fee. I did not renew
and would not have renewed my service in March because of the inadequate
service I was getting. When I asked for detailed information about the
renewal, the representative was not able to provide anything but the
date. I talked to the representative's supervisor, and he was not able
to give me any details either. He said that a representative would have
called me and asked if I wanted to renew my contract, but he could not
give me the name of the representative or even verify that the call even
took place. The representative even said that I wasn't up for renewal
until May, but that my contract was renewed in March. I ended up
cancelling the service, but the representative said I'd have to pay the
$150 fee. When I asked if there was anyone else there I could talk to
about this, he told me there wasn't and that I would have to write a
letter to dispute the charge. I'm certain that I never renewed this
contract, yet they say I did. >>

Like Phillipe says, make sure you didn't renew by accident or anything.
Did you change your service plan back in March? Make any kind of
adjustments to your account? If so, Sprint usually renews one's
contract when the customer changes a service plan or anything like that
-- and sometimes they don't tell you so. Kind of shady. Most do, but
some don't.

If you changed plans or added a service or did an ESN swap, Sprint
typically renews your contract on that date -- but it *is* their
responsibility to tell you so.

If you don't fall into that catergory, then writing a letter and filing
a compaint with the BBB would be the way to go. It is their
responsibility to provide you with information on how the contract was
renewed and under what circumstances and who renewed it. Anytime a
transaction or change is done on your account, the rep's ID should be on
there. So them telling you they can't tell you who renewed it is not
being truthful. You just have to be demanding and steadfast and Sprint
will back down.

Good luck.

Eric

Thomas T. Veldhouse

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Sep 3, 2003, 1:54:13 PM9/3/03
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"Eric" <popsen...@webtv.net> wrote in message
news:23421-3F...@storefull-2332.public.lawson.webtv.net...

Sprint only renews your plan for a plan change, not an adding or subtracting
plan services (i.e. $5 PCS-PCS, Roadside Assistance, etc). You can change
plan services to your hearts content. To commit you to a new plan, they
must either get a signature, a web based consent or a recorded voice consent
for it to be valid. Otherwise, if they hit your credit and damage it, you
have grounds to sue for damages and they better come up with the acceptance
(signature, recording or web acceptance). A subpoena can do wonderful
things for you (can get you out of lots of speeding tickets ... subpoena the
radar calibration records .. chances are good that the radar was not
calibrated in a timely manner according to the law).

Tom Veldhouse


Justin

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Sep 3, 2003, 2:04:10 PM9/3/03
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"Thomas T. Veldhouse" <vel...@yahoo.com> wrote in message
news:3f562ac8$0$164$a186...@newsreader.visi.com...

They also renew plans if you buy a phone and have it activated. I did, and
they didn't even bother to tell me about the choice to pay the activation
fees or sign a two year contract.

> You can change
> plan services to your hearts content. To commit you to a new plan, they
> must either get a signature, a web based consent or a recorded voice
consent
> for it to be valid.

Again, not if you buy a phone.

Lawrence G. Mayka

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Sep 3, 2003, 2:21:41 PM9/3/03
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"Justin" <jus...@cjteam.com> wrote in message
news:0c545f38ea9e17b3...@news.teranews.com...

> I had pretty much the same experience. Did you buy a new phone in March? I
> was told that if you activate a new phone and aren't charged an activation
> fee, it's because you are automatically signed up for another one or
> two-year contract. I had no idea, no one pointed this out to me. All I

Justin, do you simply mean an ESN swap--replacing an old phone with a new phone
on the same plan and phone number? This cannot possibly sign you to a new
contract "automatically" (though lying Sprint reps and "supervisors"--probably
bluffers in the next cubicle--might claim it can). Once again I must point out
that regardless of the lies that Sprint reps and "sups" may tell us, Sprint's
policy is clearly on their Web site:

http://activate.sprintpcs.com/explore/OLAHome.jsp

"A non-refundable $36.00 activation fee* will be applied unless you are a
current PCS customer and are replacing your existing phone with a new one."

It is unfortunate that Sprint apparently believes that it can use lies and
frauds on most customers, because only a few will actually contact the state's
attorney general.


Justin

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Sep 3, 2003, 2:29:14 PM9/3/03
to

"Lawrence G. Mayka" <lgmay...@ameritech.net> wrote in message
news:Viq5b.18346$Ih1.7...@newssrv26.news.prodigy.com...

> "Justin" <jus...@cjteam.com> wrote in message
> news:0c545f38ea9e17b3...@news.teranews.com...
> > I had pretty much the same experience. Did you buy a new phone in
March? I
> > was told that if you activate a new phone and aren't charged an
activation
> > fee, it's because you are automatically signed up for another one or
> > two-year contract. I had no idea, no one pointed this out to me. All I
>
> Justin, do you simply mean an ESN swap--replacing an old phone with a new
phone
> on the same plan and phone number? This cannot possibly sign you to a new
> contract "automatically" (though lying Sprint reps and
"supervisors"--probably
> bluffers in the next cubicle--might claim it can). Once again I must
point out
> that regardless of the lies that Sprint reps and "sups" may tell us,
Sprint's
> policy is clearly on their Web site:

Here's what happened. Due to the dropped calls/reception issues, I was
becoming really frusterated with having no phones at home. *2 advised me
that they would give me a discount on purchasing a new phone due to the
trouble I had experienced. I went into the store, described my problems,
and the store rep actually told me that a better phone would get a better
signal. So I asked him which phones were better than the LG 1100s. He
suggested, and I bought two Sanyo 8100s. He activated them there in the
store, I paid for them, and wham, I was signed up for a 2 year contract. I
didn't even find this out until a few days later when I called to cancel my
service. The *2 rep asked if I wanted to cancel my current contract, or the
two year contract I had just signed up for. Then I knew.

Justin

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Sep 3, 2003, 2:30:55 PM9/3/03
to

"Justin" <jus...@cjteam.com> wrote in message
news:fed3239b0591c078...@news.teranews.com...


P.S. - I didn't fully answer your question. I retained the same numbers and
plan. They just extended the contract 2 years.


JRW

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Sep 3, 2003, 2:42:03 PM9/3/03
to
Eric wrote:

> If you changed plans or added a service or did an ESN swap, Sprint
> typically renews your contract on that date -- but it *is* their
> responsibility to tell you so.

I temporarily did an ESN swap to my old Sanyo 6200 two weeks and
later back to my 4900. On both times, the Sprint website was
reverting to the iPlanet Web Server default page; so I had to
call CS for the change. On both calls I explained the ESN Change
website was down and asked if there would be a $35 charge. I was
told no on both calls, the first CSR rep said there was a known
issue at the time.

Neither CSR said anything about extending my one year contract,
I was very careful to listen for that, HOWEVER...I didn't ask.

Much the same way I had a billing question and CSR offered me an
8:00 PM starting time for evening minutes. After she added it I
asked if it would extend my contract, she said it would, I
refused the offer.

Guess I better call and see when my contract expires.

Lawrence G. Mayka

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Sep 3, 2003, 2:41:17 PM9/3/03
to
"Justin" <jus...@cjteam.com> wrote in message
news:58d657e6c0e0df4e...@news.teranews.com...

> P.S. - I didn't fully answer your question. I retained the same numbers and
> plan. They just extended the contract 2 years.

If you did not give your affirmative consent to a new agreement--by words,
signature, clicking a box, etc.--Sprint's claim is just another fraudulent lie.
Most likely, Sprint's official *policy* is not to offer a discount on a new
phone unless the customer renews his agreement. The policy probably also states
that the salesperson is supposed to explain the requirement and get consent.
But salespeople probably often just avoid talking about any agreement (after
all, it might kill the sale) and rely on after-the-fact blustering (fraudulent
lying) from *2 to smooth out the dis-agreement.


Eric

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Sep 3, 2003, 2:35:02 PM9/3/03
to
<<Sprint only renews your plan for a plan change, not an adding or
subtracting plan services (i.e. $5 PCS-PCS, Roadside Assistance, etc).
You can change plan services to your hearts content.>>

Thanks Tom, I was wrongfully under the assumption that Sprint could
renew your contract with any type of changes to your account or plan.
Thanks for clearing that up.

Eric

Paul Kim

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Sep 3, 2003, 2:58:10 PM9/3/03
to

"Steven J Sobol" <sjs...@JustThe.net> wrote:

> Phillipe <pf...@yahoo.com> wrote:
>
> > File with the BBB, your State's Attorney General, the FCC, and the FTC,
> > with a certfied copy to Sprint. The LAST thing you should do is pay and
> > hope for a refund later.
>
> Don't file with the BBB, the BBB is toothless.

I wouldn't say the BBB is toothless. This past May, I had troubles with
Vision charges, and having spent 3 weeks with cust. support on the phone, I
decided to file a BBB complaint. THE NEXT DAY an executive service rep
called me and offered to remedy the situation. I had been waiting for
executive service to call me for 1 week, and finally they did, specifically
because of the BBB complaint (she told me so).

I was surprised how quickly a BBB report caught their attention!


Steven J Sobol

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Sep 3, 2003, 3:27:13 PM9/3/03
to
Paul Kim <worker...@hotmail.com> wrote:


> I wouldn't say the BBB is toothless. This past May, I had troubles with
> Vision charges, and having spent 3 weeks with cust. support on the phone,
> I decided to file a BBB complaint. THE NEXT DAY an executive service rep
> called me and offered to remedy the situation. I had been waiting for
> executive service to call me for 1 week, and finally they did, specifically
> because of the BBB complaint (she told me so).

> I was surprised how quickly a BBB report caught their attention!

It's admirable that Sprint replied to you so quickly, however if they'd
decided to blow you off, the most the BBB would do is put a black mark
on their complaint record.

The BBB is a nice idea but has no enforcement powers and therefore is
useless in cases in which the merchant decides to ignore you, or fight
with you.

Phillipe

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Sep 3, 2003, 3:28:23 PM9/3/03
to
In article <fed3239b0591c078...@news.teranews.com>,
"Justin" <jus...@cjteam.com> wrote:

The fine print SprintPCS supplies you says:
For a limited time, get a PCS VisionSM Picture Phone with built-in
camera (SanyoŽ 8100) for just $99.99 after $130 instant savings. With
Picture MailSM you can take digital, full-color pictures and share them
instantly with family and friends anywhere across the enhanced Sprint
Nationwide PCS Network.
This special offer ends September 28, 2003. Instant savings available to
customers adding a new line of service on a PCS Free & Clear Plan with
Vision. Requires a two-year PCS Advantage Agreement. Customers
purchasing a phone without a PCS Free & Clear Plan will receive a
mail-in rebate.


======
So if you paid $99.99 each for the phones then they give you a 2 year
contract. If you paid $229.99 per phone, then there should have been no
contract given you at the store.

Phillipe

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Sep 3, 2003, 3:30:22 PM9/3/03
to
In article <hBq5b.18357$Ih1.7...@newssrv26.news.prodigy.com>,

"Lawrence G. Mayka" <lgmay...@ameritech.net> wrote:

> "Justin" <jus...@cjteam.com> wrote in message
> news:58d657e6c0e0df4e...@news.teranews.com...
> > P.S. - I didn't fully answer your question. I retained the same numbers
> > and
> > plan. They just extended the contract 2 years.
>
> If you did not give your affirmative consent to a new agreement--by words,
> signature, clicking a box, etc.--Sprint's claim is just another fraudulent
> lie.

As rare as it is for me, I may be taking Sprint's side in this. The
$99.99 discount price on the Sanyo 8100 comes with a 2 year Agreement;
however if he before 2 weeks were up returned the phones, then the 2
year agreement should go away also.

Phillipe

unread,
Sep 3, 2003, 3:38:17 PM9/3/03
to
In article <Viq5b.18346$Ih1.7...@newssrv26.news.prodigy.com>,

"Lawrence G. Mayka" <lgmay...@ameritech.net> wrote:

> "Justin" <jus...@cjteam.com> wrote in message
> news:0c545f38ea9e17b3...@news.teranews.com...
> > I had pretty much the same experience. Did you buy a new phone in March?
> > I
> > was told that if you activate a new phone and aren't charged an activation
> > fee, it's because you are automatically signed up for another one or
> > two-year contract. I had no idea, no one pointed this out to me. All I
>
> Justin, do you simply mean an ESN swap--replacing an old phone with a new
> phone
> on the same plan and phone number? This cannot possibly sign you to a new
> contract "automatically" (though lying Sprint reps and
> "supervisors"--probably
> bluffers in the next cubicle--might claim it can). Once again I must point
> out
> that regardless of the lies that Sprint reps and "sups" may tell us, Sprint's
> policy is clearly on their Web site:
>
> http://activate.sprintpcs.com/explore/OLAHome.jsp
>
> "A non-refundable $36.00 activation fee* will be applied unless you are a
> current PCS customer and are replacing your existing phone with a new one."

As I have previous posted to your Sprint quote:
on the website its a ==> may <== and not a => will be <= :

http://www1.sprintpcs.com/explore/include/legalTermsPrivacy.jsp

Phone Activation Fee. You may be required to pay a non-refundable phone
activation fee when you activate a new Number, have us switch a Number
to a different phone, have your current Number changed, we activate a
different phone on your existing account or your Service Plan says so.

And as far as I have experienced Business Plans are not charged
Activation fees.

>
> It is unfortunate that Sprint apparently believes that it can use lies and
> frauds on most customers, because only a few will actually contact the
> state's
> attorney general.
>
>

I suspect its more than some CSRs are under pressure to sign folks up
for Advantage Agreements, and to keep supervisors happy, they assign
them willy nilly, without asking at times. This is only an hypothesis,
but it sure explains (as hypotheses are supposed to) observations.

Phillipe

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Sep 3, 2003, 3:38:21 PM9/3/03
to
In article <bj5dk7$df6$1...@news01.cit.cornell.edu>,
"Paul Kim" <worker...@hotmail.com> wrote:


Just for the record, that was Mr. Sobol who spoke disparagingly about
the BBB.

Justin

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Sep 3, 2003, 3:50:53 PM9/3/03
to

"Phillipe" <pf...@yahoo.com> wrote in message
news:pfilm-22C786....@news04.east.earthlink.net...

> In article <hBq5b.18357$Ih1.7...@newssrv26.news.prodigy.com>,
> "Lawrence G. Mayka" <lgmay...@ameritech.net> wrote:
>
> > "Justin" <jus...@cjteam.com> wrote in message
> > news:58d657e6c0e0df4e...@news.teranews.com...
> > > P.S. - I didn't fully answer your question. I retained the same
numbers
> > > and
> > > plan. They just extended the contract 2 years.
> >
> > If you did not give your affirmative consent to a new agreement--by
words,
> > signature, clicking a box, etc.--Sprint's claim is just another
fraudulent
> > lie.
>
> As rare as it is for me, I may be taking Sprint's side in this. The
> $99.99 discount price on the Sanyo 8100 comes with a 2 year Agreement;
> however if he before 2 weeks were up returned the phones, then the 2
> year agreement should go away also.

I know the discount usually involves a contract, however, I was led to
believe that the discount offered to me was for my troubles, not
compensation for signing a 2 year contract, which I never did.

Justin

unread,
Sep 3, 2003, 3:52:10 PM9/3/03
to

"Phillipe" <pf...@yahoo.com> wrote in message
news:pfilm-00D7EF....@news04.east.earthlink.net...

In addition, I wasn't given the full, "as-advertised" discount. I was only
given $100 off of each phone.


Justin

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Sep 3, 2003, 3:57:08 PM9/3/03
to

"Lawrence G. Mayka" <lgmay...@ameritech.net> wrote in message
news:hBq5b.18357$Ih1.7...@newssrv26.news.prodigy.com...


Yeah, I was under the impression that 1) the discounts were for my troubles,
not for the two year contract they signed me up for, and 2) that the
activation fees they told me they would waive were also for my troubles, not
for agreeing to another contract, which I never did. I'm sure that
somewhere in their contracts it says that buying a phone on an existing
account requires an agreement. It may or may not. All I saw was that
buying a new phone MAY result in activation fees. It said nothing of new
contracts. The ad was for a $130 discount on the 8100s and I only received
a $100 discount on each phone, further leading me to believe that this was
not a typical discount-for-contract scenario.


Steven J Sobol

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Sep 3, 2003, 3:58:26 PM9/3/03
to
Phillipe <pf...@yahoo.com> wrote:

>> "Steven J Sobol" <sjs...@JustThe.net> wrote:
>> > Phillipe <pf...@yahoo.com> wrote:
>> > > File with the BBB, your State's Attorney General, the FCC, and the FTC,
>> > > with a certfied copy to Sprint. The LAST thing you should do is pay and
>> > > hope for a refund later.
>> >
>> > Don't file with the BBB, the BBB is toothless.
>
> Just for the record, that was Mr. Sobol who spoke disparagingly about
> the BBB.

Yes, it was. People who look at the attributions (which, btw, are
correct) will see it was me.

paulisme

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Sep 3, 2003, 6:03:49 PM9/3/03
to

"letsgoflyers81" <letsgoflye...@in-val-id.com> wrote in message
news:letsgoflye...@in-val-id.com...

>
> First thing first, if you didn't enter into a new agreement, don't pay.
> If they're going to charge you for breaking a contract, they need to
> prove that there's a contract. That's why you click a box online or
> they record you agreeing during a phone call when you agree to a new
> contract. If they can't show proof, then they can't make you pay.
> They're either lying about the whole thing, or some rep you talked to
> back in March signed you up without your consent or knowledge. Bottom
> line is that if you didn't agree to it, don't pay. You can try the
> FTC, but send a letter to corporate, the Better Business Bureau, FCC,
> and the Attorney General in your state and Sprint's headquarters'
> state. Threaten to sue for the $150 plus court costs and let them know
> you're sending the letter of your experience to the other outlets.
> They'll back off.
>
> --
> Posted at SprintUsers.com - Your place for everything Sprint PCS
> Free wireless access @ www.SprintUsers.com/wap
>

Well, I called them again today and spoke to another representative. I told
her that I wanted to file a formal dispute against the $150 fee. She told
me that their records said I renewed my contract in March (just like the
other rep had the day before). I told her that I didn't authorize it and
that I wanted to dispute the charges. She seemed kind of speechless, then
asked me to hold. About 5 minutes later, another person picked up the phone
and told me that she couldn't find anything indicating that I renewed my
contract and that she would waive the fee. I guess it turned out all right
for me, but it makes me wonder how many other people have experienced this
and have paid the fee anyway.

Paul


Phillipe

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Sep 3, 2003, 7:12:55 PM9/3/03
to
In article <9zt5b.743$AU....@twister.southeast.rr.com>,
"paulisme" <paulc...@hotmail.com> wrote:

> Well, I called them again today and spoke to another representative. I told
> her that I wanted to file a formal dispute against the $150 fee. She told
> me that their records said I renewed my contract in March (just like the
> other rep had the day before). I told her that I didn't authorize it and
> that I wanted to dispute the charges. She seemed kind of speechless, then
> asked me to hold. About 5 minutes later, another person picked up the phone
> and told me that she couldn't find anything indicating that I renewed my
> contract and that she would waive the fee. I guess it turned out all right
> for me, but it makes me wonder how many other people have experienced this
> and have paid the fee anyway.
>
> Paul

If the fee is not on your last bill it turned out OK. But if one said
you renewed in march and one said you didn't, how do we reconcile that?

Steven J Sobol

unread,
Sep 3, 2003, 7:35:01 PM9/3/03
to
Phillipe <pf...@yahoo.com> wrote:

> If the fee is not on your last bill it turned out OK. But if one said
> you renewed in march and one said you didn't, how do we reconcile that?

Simple. If two Sprint customer service employees can't even agree on
what actually happened, that strengthens the case you're making for a
waiver of the ETF. If what you described happened to me it would actually
make me pursue the $150 credit more aggressively.

O/Siris

unread,
Sep 4, 2003, 4:00:44 PM9/4/03
to
Justin wrote:

>>
>> Sprint only renews your plan for a plan change, not an adding or
>> subtracting plan services (i.e. $5 PCS-PCS, Roadside Assistance,
>> etc).
>
> They also renew plans if you buy a phone and have it activated. I
> did, and they didn't even bother to tell me about the choice to pay
> the activation fees or sign a two year contract.

"We" don't. Someone, obviously, did in your case, but that is *not* what
Sprint uses as a policy.

>
>> You can change
>> plan services to your hearts content. To commit you to a new plan,
>> they must either get a signature, a web based consent or a recorded
>> voice consent for it to be valid.
>
> Again, not if you buy a phone.

Not according to SPCS policy. Activating a phone does NOT require a
contract.

>
>> Otherwise, if they hit your credit and damage it, you
>> have grounds to sue for damages and they better come up with the
>> acceptance (signature, recording or web acceptance). A subpoena can
>> do wonderful things for you (can get you out of lots of speeding
>> tickets ... subpoena the radar calibration records .. chances are
>> good that the radar was not calibrated in a timely manner according
>> to the law).
>>
>> Tom Veldhouse

--
-+-
Rطك
O/Siris
I work for Sprint
I *don't* speak for them


O/Siris

unread,
Sep 4, 2003, 4:08:41 PM9/4/03
to
Phillipe wrote:
> In article <hBq5b.18357$Ih1.7...@newssrv26.news.prodigy.com>,
> "Lawrence G. Mayka" <lgmay...@ameritech.net> wrote:
>
>> "Justin" <jus...@cjteam.com> wrote in message
>> news:58d657e6c0e0df4e...@news.teranews.com...
>>> P.S. - I didn't fully answer your question. I retained the same
>>> numbers and
>>> plan. They just extended the contract 2 years.
>>
>> If you did not give your affirmative consent to a new agreement--by
>> words, signature, clicking a box, etc.--Sprint's claim is just
>> another fraudulent lie.
>
> As rare as it is for me, I may be taking Sprint's side in this. The
> $99.99 discount price on the Sanyo 8100 comes with a 2 year Agreement;
> however if he before 2 weeks were up returned the phones, then the 2
> year agreement should go away also.
>

Actually, it doesn't *appear* to work this way. If assent is properly
obtained for the Advantage Agreement, then cancellation fee applies if you
should cancel service *or* if we terminate it for your breach. That's the
language we use in our recordings, at least. Plus:

---
Sprint PCS products may be returned within 14 days of purchase for a refund
of the purchase price (but not charges for wireless service).
---
http://www1.sprintpcs.com/explore/include/legalTermsPrivacy.jsp

There's no guarantee of refunding the Early Termination Fee. But I want to
research this next time I'm in the call center to be sure about that. I
haven't ever handled a cancellation within 14 days of activation.

>
>> Most likely, Sprint's official *policy* is not to offer a discount
>> on a new phone unless the customer renews his agreement. The policy
>> probably also states
>> that the salesperson is supposed to explain the requirement and get
>> consent. But salespeople probably often just avoid talking about any
>> agreement (after all, it might kill the sale) and rely on
>> after-the-fact blustering (fraudulent
>> lying) from *2 to smooth out the dis-agreement.

I'm too much of an optimist to think it's dishonesty. Just laziness and
carelessness. Not that it makes any real difference to the customer.

Justin

unread,
Sep 4, 2003, 4:43:52 PM9/4/03
to

"O/Siris" <robjvargas@sprîntpcs.côm> wrote in message
news:MRM5b.352329$YN5.239138@sccrnsc01...

> Justin wrote:
>
> >>
> >> Sprint only renews your plan for a plan change, not an adding or
> >> subtracting plan services (i.e. $5 PCS-PCS, Roadside Assistance,
> >> etc).
> >
> > They also renew plans if you buy a phone and have it activated. I
> > did, and they didn't even bother to tell me about the choice to pay
> > the activation fees or sign a two year contract.
>
> "We" don't. Someone, obviously, did in your case, but that is *not* what
> Sprint uses as a policy.

It is unofficial Sprint policy. I was told this by no less than 5 different
*2 reps *and* the store personnel. I suppose you call that cooincidental.

> Not according to SPCS policy. Activating a phone does NOT require a
> contract.

It apparently did in my case. According to at least 5 *2 reps and store
personnel. And it has in other cases posted here. It happens with enough
regularity that it either was policy at one time and is still policy due to
Sprint's lack of training, or it's unofficial policy used to get people for
another $36.

Justin

unread,
Sep 4, 2003, 4:46:26 PM9/4/03
to

> I'm too much of an optimist to think it's dishonesty. Just laziness and
> carelessness. Not that it makes any real difference to the customer.

In the two stores I went to, no contracts were mentioned. Neither were the
contracts mentioned by *2 people. It's either a huge lack of training, or
simply an unstated policy used to get people on the hook for another
year/two years.

When something happens with this kind of regularity, it is likely policy.


Phillipe

unread,
Sep 4, 2003, 5:08:31 PM9/4/03
to
In article <544ca731465b407a...@news.teranews.com>,
"Justin" <jus...@cjteam.com> wrote:

From the Ian Fleming book :Goldfinger

I always remember what Goldfinger told James Bond, when the two kept
just happening to run into each other.

Mr. Bond, once is happenstance, twice is coincidence, three times is
enemy action.

Justin

unread,
Sep 4, 2003, 5:29:14 PM9/4/03
to

"Phillipe" <pf...@yahoo.com> wrote in message
news:pfilm-5861B5....@news06.east.earthlink.net...

And 7+ times is company policy.


Phillipe

unread,
Sep 4, 2003, 5:37:43 PM9/4/03
to
In article <ca3f8dafe498f253...@news.teranews.com>,
"Justin" <jus...@cjteam.com> wrote:

It's like watching your neighbors' kid throwing rocks at passing dogs.
You see it often enough, you would tend not to believe his father saying
"He's much improved".

O/Siris

unread,
Sep 5, 2003, 1:56:43 PM9/5/03
to
Steven J Sobol wrote:
> Phillipe <pf...@yahoo.com> wrote:
>
>> If the fee is not on your last bill it turned out OK. But if one said
>> you renewed in march and one said you didn't, how do we reconcile
>> that?
>
> Simple. If two Sprint customer service employees can't even agree on
> what actually happened, that strengthens the case you're making for a
> waiver of the ETF. If what you described happened to me it would
> actually make me pursue the $150 credit more aggressively.

When we use our primary billing application and add a contract to an
account, there is a recorded message we read to the customer. That message
will not disappear until we select either "Agree" or "Disagree." It also
attaches to a numbered recording and notes that recording number in the
notes. If our recording system is down, then we transfer to an automated
attendant that does the process, but does not note. That's our job. If
neither one happens, we're stuck with a contract for which we give you all
the benefits, but no proof that you agreed to it.

Steven J Sobol

unread,
Sep 5, 2003, 2:39:12 PM9/5/03
to
O/Siris said...

> When we use our primary billing application and add a contract to an
> account,

Which, given what I've heard both from you and other SPCS reps, had to
have happened...

> There is a recorded message we read to the customer.

You mean you read it, and your reading of the message is recorded and
saved, right?


> That message
> will not disappear until we select either "Agree" or "Disagree." It also
> attaches to a numbered recording and notes that recording number in the
> notes. If our recording system is down, then we transfer to an automated
> attendant that does the process, but does not note. That's our job. If
> neither one happens, we're stuck with a contract for which we give you all
> the benefits, but no proof that you agreed to it.

The only benefit I get is not paying the $10 more per month.

How do we go about changing it? Even if I don't plan on cancelling, might
complaints to the appropriate government agencies be in order to get
someone to kick SPCS in the ass to fix their problem? At this point, I
am thinking the answer is "yes".

O/Siris

unread,
Sep 6, 2003, 2:37:40 PM9/6/03
to
Justin wrote:

>
> In addition, I wasn't given the full, "as-advertised" discount. I
> was only given $100 off of each phone.

Yes you were. That *was* the discount at the time you bought them. They
were $30 cheaper MSRP, and $30 less in discount.

O/Siris

unread,
Sep 6, 2003, 2:39:21 PM9/6/03
to
Phillipe wrote:

>
> I suspect its more than some CSRs are under pressure to sign folks up
> for Advantage Agreements, and to keep supervisors happy, they assign
> them willy nilly, without asking at times. This is only an hypothesis,
> but it sure explains (as hypotheses are supposed to) observations.

There are *no* incentives for signing customers up for Advantage Agreements.
None whatsoever.

Plans, add-ons, new lines of service, yes. Contracts, none at all.

Justin Green

unread,
Sep 6, 2003, 3:55:14 PM9/6/03
to

"O/Siris" <robjvargas@sprîntpcs.côm> wrote in message
news:UPp6b.375115$Ho3.56356@sccrnsc03...

> Justin wrote:
>
> >
> > In addition, I wasn't given the full, "as-advertised" discount. I
> > was only given $100 off of each phone.
>
> Yes you were. That *was* the discount at the time you bought them. They
> were $30 cheaper MSRP, and $30 less in discount.
> --
> -+-
> RŘß

> O/Siris
> I work for Sprint
> I *don't* speak for them

Bullshit. The phones were $229. There was a $130 discount. You certainly
are ignorant of your own company's policies.


Justin Green

unread,
Sep 6, 2003, 4:00:37 PM9/6/03
to

"O/Siris" <robjvargas@sprîntpcs.côm> wrote in message
news:UPp6b.375115$Ho3.56356@sccrnsc03...
> Justin wrote:
>
> >
> > In addition, I wasn't given the full, "as-advertised" discount. I
> > was only given $100 off of each phone.
>
> Yes you were. That *was* the discount at the time you bought them. They
> were $30 cheaper MSRP, and $30 less in discount.
> --
> -+-
> RŘß

> O/Siris
> I work for Sprint
> I *don't* speak for them


Here ya go, moron.

www.sprintpcs.com

and

http://www1.sprintpcs.com/explore/Page.jsp;jsessionid=1a8rkcoFVyDJYJjrcR1IS0bVx1kv1NwrQCVeNJ1ODSIV7Glg6F1j!-848209957!182751444!7005!7002?FOLDER%3C%3Efolder_id=1407471&CURRENT_USER%3C%3EATR_SCID=ECOMM&CURRENT_USER%3C%3EATR_PCode=None&CURRENT_USER%3C%3EATR_cartState=group&bmUID=1062878251476

$130 discount, you ignorant twit.


Justin Green

unread,
Sep 6, 2003, 4:06:28 PM9/6/03
to

"O/Siris" <robjvargas@sprîntpcs.côm> wrote in message
news:UPp6b.375115$Ho3.56356@sccrnsc03...
> Justin wrote:
>
> >
> > In addition, I wasn't given the full, "as-advertised" discount. I
> > was only given $100 off of each phone.
>
> Yes you were. That *was* the discount at the time you bought them. They
> were $30 cheaper MSRP, and $30 less in discount.
> --
> -+-
> RŘß

> O/Siris
> I work for Sprint
> I *don't* speak for them


Oh, and at the time, they WERE $229. Want me to scan the receipt for you
asshole?


Phillipe

unread,
Sep 6, 2003, 5:14:23 PM9/6/03
to
In article <vlkfdr...@corp.supernews.com>,
"Justin Green" <jus...@cjteam.com> wrote:

What is this Master Vargas makes things up so he can argue with you?
The Sanyo 8100 was $229, and $99.99 with 2 year new activation.

Justin Green

unread,
Sep 6, 2003, 5:25:24 PM9/6/03
to

"Phillipe" <pf...@yahoo.com> wrote in message
news:pfilm-60148D....@news06.east.earthlink.net...

He likes calling people liars. Whoishere does also. I think they're
lovers. Rob is just a moron. He works for Sprint, so this is his domain.
We're not welcome here, where he is the obvious expert. Anyone who posts
something must be a liar.

This is the second time I have absolutely schooled Rob for not knowing about
the industry or company in which he works.


Justin Green

unread,
Sep 6, 2003, 7:24:23 PM9/6/03
to

"Phillipe" <pf...@yahoo.com> wrote in message
news:pfilm-60148D....@news06.east.earthlink.net...

Here's another question. If the in store discounts were $130, as
advertised, and I only received $100 discount + the two year contract, then
Sprint was screwing me even more. Especially since the $100 discount was
supposed to be "for my troubles".

In essence, what they were saying was, "We're going to screw you out of $30
worth of advertised discounts per phone, sign you up for a two year
contract, and tell you that this is for your troubles."


p lane

unread,
Sep 6, 2003, 8:03:08 PM9/6/03
to
This is all good info, and you made a great point, if they can't product
some proof that he "renewed" this is a great small claims court case.
The burden of proof would be on the seller, and without a recording,
believe you would prevail, and loser pays court cost too, which is
minimal. I have done this when all else fails, tell'em " lets just go
to court, you tell your story and I'll tell mine", without proof of a
renewal there is no contract. without some type of contract, can't make
yuo pay. and although sprint may be in kansas, you can do file the
action in the local where they sold you the service, or evenin kansas if
you prefer.

Phillipe <pf...@yahoo.com> wrote in article
<pfilm-A56D76....@news04.east.earthlink.net>:
> In article <beea49a9.03090...@posting.google.com>,
> paulc...@hotmail.com (paulisme) wrote:
>
> > I called customer support yesterday to cancel my service with
> > SprintPCS. The service I was receiving was not adequate in that I
> > constantly experienced dropped calls and frequently was without
> > service even in areas which were reasonably within the network. I was
> > told that I had renewed my contract in March and that I could not
> > cancel without paying a $150 early cancellation fee. I did not renew
> > and would not have renewed my service in March because of the
> > inadequate service I was getting. When I asked for detailed
> > information about the renewal, the representative was not able to
> > provide anything but the date. I talked to the representative's
> > supervisor, and he was not able to give me any details either. He
> > said that a representative would have called me and asked if I wanted
> > to renew my contract, but he could not give me the name of the
> > representative or even verify that the call even took place. The
> > representative even said that I wasn't up for renewal until May, but
> > that my contract was renewed in March. I ended up cancelling the
> > service, but the representative said I'd have to pay the $150 fee.
> > When I asked if there was anyone else there I could talk to about
> > this, he told me there wasn't and that I would have to write a letter
> > to dispute the charge. I'm certain that I never renewed this
> > contract, yet they say I did. What should I do? Should I file a
> > dispute with them first, or should I file a complaint with the FTC?
>
> First make sure you had no contact with Sprint in March. It could be
> embarressing if they could produce a recording of your renewal.


>
> File with the BBB, your State's Attorney General, the FCC, and the FTC,
> with a certfied copy to Sprint. The LAST thing you should do is pay and
> hope for a refund later.
>

> Good Luck.

[posted via phonescoop.com - free web access to the alt.cellular groups]

p lane

unread,
Sep 6, 2003, 8:05:33 PM9/6/03
to
I had posted prior to reading this--this is exacly right.

"O/Siris" <robjvargas@sprîntpcs.côm> wrote in article
<v746b.365815$Ho3.54359@sccrnsc03>:

> RŘß


> O/Siris
> I work for Sprint
> I *don't* speak for them
>
>

[posted via phonescoop.com - free web access to the alt.cellular groups]

mitchell friend

unread,
Sep 6, 2003, 9:21:14 PM9/6/03
to
justin i would just give up on some of the idiots on this line and wait
till sprint screws them over,it is bound to happen in time,and for
sprint employees,they are only saying what there masters tell them to
say,sprint sucks and always will,say one thing and do the
opposite,habitual liars there.

"Justin Green" <jus...@cjteam.com> wrote in article
<vlkr0sn...@corp.supernews.com>:

[posted via phonescoop.com - free web access to the alt.cellular groups]

Justin Green

unread,
Sep 6, 2003, 9:27:29 PM9/6/03
to

"mitchell friend" <mitch...@yahoo.com> wrote in message
news:vll20al...@corp.supernews.com...

> justin i would just give up on some of the idiots on this line and wait
> till sprint screws them over,it is bound to happen in time,and for
> sprint employees,they are only saying what there masters tell them to
> say,sprint sucks and always will,say one thing and do the
> opposite,habitual liars there.

I agree.


Phillipe

unread,
Sep 7, 2003, 8:03:22 AM9/7/03
to
In article <vll27m6...@corp.supernews.com>,
"Justin Green" <jus...@cjteam.com> wrote:

I phrase it differently. Sprint has a good network, and sometimes some
good pricing and some interesting phones, its Customer Service can be
abysmal, and at least one SprintPCS employee will start personal attacks
on anyone who says anything negative about the Customer Service. Another
typically says "That shouldn't have happened".

One needs to be very dilligent in dealing with Sprint and the "negative
posts" here are extremely helpful to those who are trying to stay with
Sprint to know what to watch out for. I think the negative posts are
helpful to SprintPCS in the long run.

Most folks are smart enough to know that 21st century customer service
with anyone can be problematic, and for SprintPCS folks to pretend it
isn't so with Sprint is unhelpful to SprintPCS in the long run.

I would rather know, if I have a problem, there are ways to fix things,
than to hear folks denying there is any problem.

Bob Smith

unread,
Sep 7, 2003, 8:21:55 AM9/7/03
to

"Phillipe" <pf...@yahoo.com> wrote in message
news:pfilm-B27FC6....@news06.east.earthlink.net...
<snipped>

> I would rather know, if I have a problem, there are ways to fix things,
> than to hear folks denying there is any problem.

Who's denying there is a problem Phillippe? You kept saying this mantra, but
no one is denying there is a problem ... If there is any falsehood spoken
here, it's with your above statement ...

Bob


Bob Smith

unread,
Sep 7, 2003, 8:26:10 AM9/7/03
to
Opps, correcting below post with the addition of ** **.

"Bob Smith" <usirsclt...@earthlink.net> wrote in message
news:DpF6b.4511$BG6....@newsread1.news.atl.earthlink.net...


>
> "Phillipe" <pf...@yahoo.com> wrote in message
> news:pfilm-B27FC6....@news06.east.earthlink.net...
> <snipped>
>
> > I would rather know, if I have a problem, there are ways to fix things,
> > than to hear folks denying there is any problem.
>

> Who's denying there **isn't** a problem Phillippe? You kept saying this
mantra, but
> no one is denying there **isn't** a problem ... If there is any falsehood

RŘß Vargas

unread,
Sep 11, 2003, 2:45:23 PM9/11/03
to
Sorry, Steve. In among all the other trash, I lost sight of this query
to me. Here's my answers now, for what it's worth.

In article <cFadnUlMl_H...@lmi.net>, sjs...@JustThe.net says...


> O/Siris said...
>
> > When we use our primary billing application and add a contract to an
> > account,
>
> Which, given what I've heard both from you and other SPCS reps, had to
> have happened...
>

Apparently so. There are ways around it, though, if one tries hard
enough.

> > There is a recorded message we read to the customer.
>
> You mean you read it, and your reading of the message is recorded and
> saved, right?
>

Recorded, saved, and NUMBERED. Along with an automatic note on the
account. I've actually learned just recently that transferring to the
automated attendant when the recording system isn't working generates a
note, too.

>
> > That message
> > will not disappear until we select either "Agree" or "Disagree." It also
> > attaches to a numbered recording and notes that recording number in the
> > notes. If our recording system is down, then we transfer to an automated
> > attendant that does the process, but does not note. That's our job. If
> > neither one happens, we're stuck with a contract for which we give you all
> > the benefits, but no proof that you agreed to it.
>
> The only benefit I get is not paying the $10 more per month.

Well, that's the only direct benefit. A contract actually *raises* your
value with us. And that is *supposed* to, in the long run, make us more
willing to make a deal with you, so to speak. When we do our job, that
is.

>
> How do we go about changing it? Even if I don't plan on cancelling, might
> complaints to the appropriate government agencies be in order to get
> someone to kick SPCS in the ass to fix their problem? At this point, I
> am thinking the answer is "yes".
>

Let's put it this way: I told you the system isn't considered broken.
It isn't. It would be stupid of me to tell you that, yeah, you should
initiate action against us. But I think I've made the situation pretty
clear.

>

--
-+-
RØß
O/Siris
I work for SprintPCS
I *don't* speak for them.

piotor

unread,
Oct 27, 2003, 8:55:20 PM10/27/03
to

>>
>>> If the fee is not on your last bill it turned out OK. But if one said
>>> you renewed in march and one said you didn't, how do we reconcile


I signed up for Sprint PCS ONE YEAR conttract in January 2002.
I cancelled my service in August of 2003.

Since then I have had repeated bills demanding I pay $172 cancellation
fee.

I have phoned Sprint 3 times and each time they agreed I only had a
one yar contract and I should not have to pay a cancellation fee.

I demanded to and spoke with a supervisor who said I had a one year
contract and owed no fee.

Tonigh I got a threatening phone call saying if I didn't pay the
cancellation fee they would ruin my credit.

I will never use a Sprint Product. I advise anyone considering it to
think again.

I'd rather eat broken glass than use Sprint!!

John R. Copeland

unread,
Oct 28, 2003, 9:28:04 AM10/28/03
to
I've done both.
Sprint is better.
---JRC---

"piotor" <no...@copier.net> wrote in message news:rsirpv4hiipk4s6jo...@4ax.com...

Thomas T. Veldhouse

unread,
Oct 28, 2003, 9:32:55 AM10/28/03
to

"piotor" <no...@copier.net> wrote in message
news:rsirpv4hiipk4s6jo...@4ax.com...
>
> I'd rather eat broken glass than use Sprint!!
>

What a scathing recommendation :)

Honestly, if I were in your situation I would also be pissed off and boycott
Sprint forever more. I had problems with Montgomery Wards (not credit
related) that made me hate them to no end ... well, I apparently won the
battle to see them disappear :)

Tom Veldhouse


Dr Wakk

unread,
Oct 28, 2003, 12:35:08 PM10/28/03
to
dude, did you change plans mid-term, and when you did, good old sprint maybe
put a new 1 yr term in place?? from experience, i know that this regularly
happens. when a sprint rep changes plans they are trained to automatically
place a new agreement period into effect. in fact, the system will
automatically put it in the plan configuration.

what happens then, is that they FORGET TO TELL YOU, or MISREP THE FACTS if
you ask if there will be a new contract period. If you object, they may
tell you that it has been removed from the system, but maybe not, as it is
easier to not remove it once it has been placed on your account (are
employees ever slackers?) and also reps are graded on compliance with co.
methods which DEMANDS A NEW CONTRACT be placed on the acct.

i know this could have happened to you, BUT IF YOU NEVER AGREED TO IT VIA
THE TOLL-FREE CONTRACT CONFIRMATION IVRU, VIA ONLINE AGREEMENT, OR VIA THE
IMAGE WRITER IN A SPRINT STORE, OR ON A PRINTED SPRINT BUSINESS CONTRACT,
then, my friend it is NULL & VOID, as there is no type of agreement evidence
on file that you made any new agreement after 01/2002.

i personally have helped many customers with this issue successfully 100% to
eliminate any early termination fees they have been charged. if possible
visit a sprint store and have a CSR enter info in the acct files that they
verify you did not confirm any new agreement, then get on that red phone and
get those charges blown out....

the store CSR has a lot of power when they use notes on your account to back
up your facts...most of them want to see you satisfied, even if you do not
want to stay on service with sprint....

sorry about the windy narrative, but it may help you out.. if it does, post
your results, ok...i would be interested in seeing what happens

Dr Wakk


"piotor" <no...@copier.net> wrote in message
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CAT0NHAT

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Oct 28, 2003, 3:38:09 PM10/28/03
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> I'd rather eat broken glass than use Sprint!!

How about eating Peanut Butter with a screw driver?

DrWakk

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Oct 29, 2003, 2:06:27 PM10/29/03
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or peanut butter and glass on a stick

"CAT0NHAT" <cat0...@aol.com> wrote in message
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