T-Mobile Raising Overage Charges – Cancel Your Contract Without ETF

by the BerryReview Team on Sep 1st, 2009 at 5:08 pm EST

run-to-exit Its that time again! T-Mobile is raising its voice minutes overage rate starting the first of this month. Plans under $59.99 and family plans under $89.99 will see overage minutes go up to $0.45 and all other plans will see minutes go up to $0.40. According to the Consumerist this is yet another case of a carrier making a “materially adverse change of contract” which voids your contract if you so wish.

This is not easy to argue for but it is your right. Many people cannot be bothered to switch carriers but if you were stuck with T-Mobile this may be your out. You will have to argue with the customer service reps who will try to say that you have not been charged overage charges but that is not the case. As far as I remember and according to the Consumerist it is all about if the changes COULD effect you.

The Consumerist was kind enough to provide the verbiage from the T-Mobile contract you will need to reference:

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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This entry was posted on Tuesday, September 1st, 2009 and is filed under News.
Tags: Contract, ETF, T-mobile

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11 Comments to “T-Mobile Raising Overage Charges – Cancel Your Contract Without ETF”

Posted by: Nikolaus Walch
September 1, 2009 at 5:54 pm EST

I won’t be leaving T-Mo, but I’d like to be able to use this excuse to start a new contract when the 9700 is released

Reply
- Posted by: Blackberry_Junkie
  September 1, 2009 at 9:04 pm EST
  
  I second that!
  
  Reply
- Posted by: captainbdsc
  September 1, 2009 at 11:26 pm EST
  
  I might be confused, but it says you have to “cancel” within 14 days of the change… I am pretty sure the 9700 wont be out by then…
  
  Reply
  - Posted by: aremy
    September 15, 2009 at 10:44 pm EST
    
    yeah but just argue that even if they notified you its not like you had the choice to keep the $.20 for every extra minute.. yeah they notified you but they still violated the contract.. tell them that a notification is them making the choice
    for you because with a notification they are not asking for an opinion.. so basically you had no choice.. i tried it and it worked
    
    Reply
Posted by: Luis Merlos
September 1, 2009 at 6:00 pm EST

Great idea hopefully it works it be worth a try I can’t wait to get my hands on that device.

Reply
Posted by: spawn
September 1, 2009 at 7:15 pm EST

This holds good only if you signed the contract before JUne 2008. if not you are not eligible for this!!!

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Posted by: Corinne
September 1, 2009 at 10:01 pm EST

I guess if you have an unlimited loyalty plan it wouldn’t work then either.

Reply
Posted by: theresthatguy
September 6, 2009 at 4:26 pm EST

I have a 2 year flex account contract with T-mobile. Does this still apply to me or am I still bound to my contract?

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Posted by: RowanT
September 25, 2009 at 5:23 pm EST

Or to cancel your contract you can just check out how Bas Rutten deals with cell phone contracts at http://www.celldefense.com
Very funny clip! Imagine unleashing Bas Rutten, the MMA legend, on your carrier!

Reply
Posted by: SNIKT!
October 12, 2009 at 12:17 pm EST

Those Terms and Conditions are almost 2 years old. As of June 2008 that section reads as follows:

5. Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE CAN CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THESE T&Cs IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, OR IF A CHANGE INCREASES YOUR SET MONTHLY RECURRING CHARGE(S) (the set amount – which does not include overage, features, optional services, taxes and fees – you agreed to pay each month for at least a one-year Term), WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS NOTICE AND YOU MAY TERMINATE YOUR SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY) BY NOTIFYING US WITHIN 30 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 30 DAYS, YOU ACCEPT THE CHANGES.

If you made any kind of new commitment (upgrade or most rateplan changes) after that then you don’t qualify to cancel without ETF due to the overage increase. Just FYI.

Reply