September 1, 2009 at 9:54 PM #173933
the BerryReview TeamKeymasterPosts: 24
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 ( 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.September 1, 2009 at 9:54 PM #180450
Nikolaus WalchParticipantPosts: 74
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
Luis MerlosModeratorPosts: 431
Great idea hopefully it works it be worth a try I can’t wait to get my hands on that device.September 1, 2009 at 11:15 PM #180452
This holds good only if you signed the contract before JUne 2008. if not you are not eligible for this!!!September 2, 2009 at 1:04 AM #180453
I second that!September 2, 2009 at 2:01 AM #180454
I guess if you have an unlimited loyalty plan it wouldn’t work then either.September 2, 2009 at 3:26 AM #180455
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…September 6, 2009 at 8:26 PM #180456
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?September 16, 2009 at 2:44 AM #180457
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 workedSeptember 25, 2009 at 9:23 PM #180458
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