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Administrative Fee Change & Contract Cancelation

Journeyman

Administrative Fee Change & Contract Cancelation

I was told 3 weeks ago that I could get out of my contract as of today.  However after talking to 3 different people today I was told that I can't because of the supposed $1.99 cap(which they couldn't provide proof that I actually agreed to this except to say "that is what their system tells them").  So basically sprint is breaking their own terms and conditions unless they can give me proof that i agreed to this cap.

Journeyman

Re: Administrative Fee Change & Contract Cancelation

First, the $1.99 upper bound (which is perhaps mentioned in the text when you buy a new phone) can only apply to the first month's bill.  In other words, you are being warned that your first bill will have an administrative fee that, depending on location, might be as high as $1.99.  You are then still within the 30-day return period, so you can cancel without penalty if you consider the actual fee too high.

This upper bound does not in itself permit a change to the fee later in the contract term.  Only the Terms and Conditions could possibly do so, and they don't.

Second, customers need not bring up the fee increase at all.  The Terms and Conditions changed drastically on September 9.  In particular, the new Terms and Conditions force all arbitration through JAMS, a company with a terrible reputation ranging from incompetence to arrogance to collusion.  This is most certainly a materially adverse change to the agreement, and grounds for leaving without penalty.

I must point out, though, that Sprint's drastic about-face in this matter can only be due to utter panic.  Sprint has gone to great trouble to improve its customer service rating.  This recent decision to throw it out the window and "customers be damned" can only indicate that all too many customers are getting off this sinking ship at the next port.

defenestration: the act of throwing someone or something out of a window (e.g., a customer service rating)

Journeyman

Administrative Fee Change & Contract Cancelation

I filed a complaint with the BBB and the FCC. Working on filing one with the AG. I wrote a post on this forum and it got rejected. Apparently they don't want you speaking the truth, if you do your post will get "banned". *For the record, it wasn't even offensive.*

I am waiting on a call from Sprint that they said they would call me within four hours on Friday night. It's Tuesday afternoon. Still waiting for that call. -_- I'm assuming they are avoiding me at all cost!

The third time I called I didn't bring up the $1.99. I just started talking about the arbritation issue. They said, do you think you'll get into a dispute. My repsonse: don't worry about that, I didn't say I was. Keep this up and I will.

I've been a customer for 10+ years, sprint has def gone downhill. And like someone in a comment before said the way things are now, sprint is no longer cheap and they know it so they're doing anything and everything to keep you. just saying!!!!

Journeyman

Administrative Fee Change & Contract Cancelation

I called today. After 45 min they told me they are permited by law to increase the admin fee up to 1.99 without allowing people to leave without an etf. When I asked about the change in arbitration they stated that it isn't covered under the breach of contract either. Has anyone actually had success with canceling without an etf?

Journeyman

Re: Administrative Fee Change & Contract Cancelation

I had my phone replaced last month with the insurance. When I activated the phone I click agree to the service agreement that contained that 1.99 cap on admin fees. I reviewed the service agreement and I am legitly held to the 1.99 cap but it doesn't mean you guys are. If you call make sure you ask when you agreed to the 1.99 cap. It took a long time before someone that knew what they were talking about came on the phone. It's a shame that sprint has so many miss informed employees but the last woman I spoke to was courteous and knowledgable.

Journeyman

Administrative Fee Change & Contract Cancelation

I contacted Sprint today and tried to use this change in Administrative Charge, as well as the change in the terms and conditions as a reason to terminate my contract.  Apparently the CSR's has gotten marching orders from very high up that they can not do this.  I pointed out that changes to the Administrative Charge has considered a material change in the past, but the CSR wouldn't help.

So the next logical (and easiest) step is to follow the terms and conditions and send a letter initiating the arbitration process.  I would think that if enough people bring this to arbitration, then it will jam Sprint up.  And the process seems fairly simple, just send a letter per the instructions below.  This will also provide documentation that I provided notice to Sprint within 30 days of the change that I want out of the contract. 

from the Dispute Resolution section of the terms and conditions

sprint.com/termsandconditions

"if either of us wants to initiate a calim to arbitrate a Dispute, we each agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, all relevant documents and supporting information, and the proposed resolution.

..... notice to us will be sent to: General Counsel; Arbitration Office; 12502 Sunrise Valley Drive, Mailstop VARESA0202-2C682; Reston, Virginia 20191.  We each agree to make attempts to resolve the dispute prior to filing a cliam for arbitration.  If we cannot resolve the dispute within 45 days of receipt of notice to arbitrate, the we each may submit the dispute for formal arbitration:

Journeyman

Administrative Fee Change & Contract Cancelation

Do you think you could post the text of your letter for people to use as a template? I'm going to be trying to cancel my service in the next few days, and if I'm given the run-around I'd like to have that to refer to. I suspect many people will agree.

Journeyman

Re: Administrative Fee Change & Contract Cancelation

I will be contacting them tonight to try and get my contract terminated.  It seems, though, they will give me the run around.  After I have exhausted all other options, I will send a letter and provide a template also.  I also have a sprint executive's number if that option needs to be used also.  Remember people you still have time until October 8th.  The best time to terminate is at the end of your last billing cycle since they bill a month in advance.   For example, my last billing period was july 17-aug 16th (something close to that) and billing statement was august 20th.  This period depends on when you signed your contract.  So logically, since sprint doesn't pro rate, To take advantage of the full month in advance you paid for, you should try to terminate (if successful) as close to billing cycle as possible. 

Journeyman

Administrative Fee Change & Contract Cancelation

"In Cunningham vs. Fleetwood Homes of Georgia, reported at page 611 of the third Federal Reporter, volume 253, the Eleventh Circuit Court of Appeals ruled that arbitration clauses are material terms to a contract." (Cunningham v. Fleetwood Homes of Georgia, Inc., 253 F.3d, 611 (11th Cir. 2001))

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Wizard

Administrative Fee Change & Contract Cancelation

WTF... I didn't know they don't pro-rate the bill... I just made a payment yesterday.  Does that mean that money is lost even if I was able to avoid an ETF?  Plus, who pays for your service during the time that you're disputing the ETF?  I'm guess that takes a while.

Truth_Seeker wrote:

I will be contacting them tonight to try and get my contract terminated.  It seems, though, they will give me the run around.  After I have exhausted all other options, I will send a letter and provide a template also.  I also have a sprint executive's number if that option needs to be used also.  Remember people you still have time until October 8th.  The best time to terminate is at the end of your last billing cycle since they bill a month in advance.   For example, my last billing period was july 17-aug 16th (something close to that) and billing statement was august 20th.  This period depends on when you signed your contract.  So logically, since sprint doesn't pro rate, To take advantage of the full month in advance you paid for, you should try to terminate (if successful) as close to billing cycle as possible. 

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