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

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.

11 total comments on this postSubmit your comment!
  1. 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 😛

    • 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…

      • 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

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

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

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

  5. 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?

  6. 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!

  7. 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.

  8. Ok Ive been with tmobile for over 7 years now (i got lured in right when i joined the military lol) and i’ve hated their service from the start i mean i don’t even get service in my own home now! I don’t know about anyone else but my phone bill has never NOT ONCE been the same with them and god do we hate those fees they charge. To end this long story my gf and I called them and used the “policy changed without our notification” and IT WORKED. The guy on the phone was really nice and maybe that had something to do with it, GIVE THIS A TRY AND GIVE IT PATIENCE

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