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Thread: Get out of contract - Verizon Changes Terms

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    Get out of contract - Verizon Changes Terms

    No idea if this will work but might help someone trying to get out of contract.

    http://phandroid.com/2011/06/28/new-...rmination-fee/

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    This amount does change quarterly. Sometimes up, sometimes down due to the figure the government wants them to pay. If you complain, Most likely VZW will wave the three cents per month til it drops back to 13c. They aint gonna let ya out.

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    Would 3 cents per month truly be expected to have a "material adverse effect" on someone? That's the standard of proof. It's hard to imagine one could afford cell phone service, but not an additional 36 cents a year.

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    Quote Originally Posted by budone View Post
    This amount does change quarterly. Sometimes up, sometimes down due to the figure the government wants them to pay. If you complain, Most likely VZW will wave the three cents per month til it drops back to 13c. They aint gonna let ya out.
    It's not a government charge--this is a VZW fee.

    Quote Originally Posted by sarah_f View Post
    Would 3 cents per month truly be expected to have a "material adverse effect" on someone? That's the standard of proof. It's hard to imagine one could afford cell phone service, but not an additional 36 cents a year.
    It is absolutely a material adverse change. And I think you are confused: material adverse change is the required condition; as this is a civil issue, greater weight of the evidence is the standard of proof.

    I know someone who just got out of ETF--I'm thinking about seeing if I can get my upgrade date reset...

    Verizon's 4G network.

    I live in California, not New York. I actually dislike New York.

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    Anyone who complains will just have the $.03/mo waived or get a credit through the remainder of their contract to eliminate the "material adverse change" claim and thus maintain the ETF. It's cheaper for them, and they're counting on only a handful of people calling to complain about it anyway. The people who they do let go ETF-free are likely accounts that aren't profitable or are "high-maintenance".

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    VZW can easily credit you up to $0.03 for the increase every month (or whatever the total would be for the remainder of your contract at that rate) to offset it and not create a materially adverse situation.

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    zomg...they raised the FUSC almost a full percent in January. Shame on them. Then they lowered it in April. oh praise verizon.

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    Quote Originally Posted by PJnc284 View Post
    zomg...they raised the FUSC almost a full percent in January. Shame on them. Then they lowered it in April. oh praise verizon.
    Seems like that particular charge and amount is not a VZW one and a government one given that the F in that stands for Federal (Universal Service Charge)--specifically a government charge that's passed on by VZW to the customers.

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    Quote Originally Posted by C DM View Post
    VZW can easily credit you up to $0.03 for the increase every month (or whatever the total would be for the remainder of your contract at that rate) to offset it and not create a materially adverse situation.
    Which you theoretically should be able to decline. Changing the price of a contracted for service is a breach--they promised to provide service with a maximum regulatory charge of $0.13 and the user promised to subscribe to service with them for 2 years. If they change the price of the regulatory charge, the contract has been breached. If they subsequently offer a credit of $0.03 a month, that's of their own volition...but the user should be free to pursue their legal options, including termination of service without any liquidated damages (ETF). Now, if a user accepts the credit or benefit or whatever, then they will be estopped from claiming the ability to cancel without an ETF.

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    Quote Originally Posted by newyork4me View Post
    Which you theoretically should be able to decline. Changing the price of a contracted for service is a breach--they promised to provide service with a maximum regulatory charge of $0.13 and the user promised to subscribe to service with them for 2 years. If they change the price of the regulatory charge, the contract has been breached. If they subsequently offer a credit of $0.03 a month, that's of their own volition...but the user should be free to pursue their legal options, including termination of service without any liquidated damages (ETF). Now, if a user accepts the credit or benefit or whatever, then they will be estopped from claiming the ability to cancel without an ETF.
    They do include the following in the Agreement as well:
    What Charges Are Set by Verizon Wireless?
    You agree to pay all access, usage and other charges that you or the user of your wireless device incurred. For Postpay Service, our charges also include Federal Universal Service, Regulatory and Administrative Charges, and we may also include other charges related to our governmental costs. We set these charges; they aren't taxes, they aren't required by law, they are kept by us in whole or in part, and the amounts and what they pay for may change.
    So you basically agreed that those amounts could change when you agreed to the agreement originally.

    Aside from that, it would also depend on how "materially" is defined. Is anything other than 0 essentially material, or does it have to be something meaningful by some sort of a rational standard to be material (in which case $0.03/month would likely not fit).

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    Quote Originally Posted by newyork4me View Post
    Which you theoretically should be able to decline. Changing the price of a contracted for service is a breach--they promised to provide service with a maximum regulatory charge of $0.13 and the user promised to subscribe to service with them for 2 years. If they change the price of the regulatory charge, the contract has been breached. If they subsequently offer a credit of $0.03 a month, that's of their own volition...but the user should be free to pursue their legal options, including termination of service without any liquidated damages (ETF). Now, if a user accepts the credit or benefit or whatever, then they will be estopped from claiming the ability to cancel without an ETF.
    Fees and taxes are not part of a contract, they are not negotiable and will not get you out of your contract. Stop beating the dead horse.
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    Quote Originally Posted by veriztd View Post
    Fees and taxes are not part of a contract, they are not negotiable and will not get you out of your contract. Stop beating the dead horse.
    Well, there is, or should be, a line somewhere though. If VZW suddenly decides to add some "Crazy Monthly Service Fee" at like $30/month or take an existing one and increase it 100x to something in the range of, again, for example, $30/month, it'd be pretty silly to say, well, too bad you are locked in in paying that much more every month for the remainder of your contract or you can get out of your contract and pay the ETF at that time, with no other rational/reasonable options open to you.

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    Quote Originally Posted by veriztd View Post
    Fees and taxes are not part of a contract, they are not negotiable and will not get you out of your contract. Stop beating the dead horse.
    Taxes aren't. Company imposed fees are not required by law are. You are still wrong, no matter how many times you post otherwise. Besides VZW classifying their fees as part of the rate plan in their legal documents, contract law in the various jurisdictions are controlling and fees are part of the contract in those.

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    Please quote the part of the contract that supports your argument. I work with contracts daily (not currently cellular phone contracts but did so for over 7 years) and understand how they work.

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    Quote Originally Posted by C DM View Post
    Seems like that particular charge and amount is not a VZW one and a government one given that the F in that stands for Federal (Universal Service Charge)--specifically a government charge that's passed on by VZW to the customers.
    It's still a fee set by Verizon, not the government, that they choose to pass onto the customer so it would still fall under the same category of charges as the Regulatory charge in the OP. Is it possible to get out of contract due to those changes? Sure, quite a few people have done it before. Is it worth the effort required? Not hardly because it's not as simple as calling and saying it has an adverse effect on you and you want to cancel. You'll likely have to keep escalating and deny their offers to credit the difference back.
    Last edited by PJnc284; 06-29-2011 at 06:38 PM.

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