Question about the $25/2 gig data plan?

[snorlax14]

The website says this plan is not available if you have an existing agreement. What if you take this plan, allowed because you do not have a current agreement, then a month later decide to get a phone that requires an agreement? Must you drop this plan and take one of the less generous data plans that are allowed with an agreement or can you keep it during your new agreement?

[WorldIRC]

Nope, you will have to change your data plan to a compatible CONTRACT data plan, unless you get a dumb rep that ignores it.

[snorlax14]

So isn't this interesting...Sometimes you want someone who has a thorough knowledge of plans and restrictions and other times not.

[B407]

So isn't this interesting...Sometimes you want someone who has a thorough knowledge of plans and restrictions and other times not.

Even if you get a rep who will let you hup without changing your plan, there is another department that audits all upgrades and will backcharge you the correct price of the phone if you do not meet the MSF and term requirements.

[MediaMercenary]

Even if you get a rep who will let you hup without changing your plan, there is another department that audits all upgrades and will backcharge you the correct price of the phone if you do not meet the MSF and term requirements.

Please tell me how they could "back charge" a customer for a mistake made by one of their employees? A customer is supposed to know if he meets terms and conditions? Let's be real. That has absolutely zero legal legs. Back charge the employee and they will soon not need an audit department.

[freibrauer]

Kind of depends on the situation. For example if they under bill you and you say nothing they can overbill you next month to correct, its ur responsibility to audit yourself as well. Works like taxes, if you pay the wrong amount your still responsible for the correct amount.

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[MediaMercenary]

Kind of depends on the situation. For example if they under bill you and you say nothing they can overbill you next month to correct, its ur responsibility to audit yourself as well. Works like taxes, if you pay the wrong amount your still responsible for the correct amount.

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It seems to me that we are talking about this situation, so what is THIS situation depending on???

[B407]

It seems to me that we are talking about this situation, so what is THIS situation depending on???

Because if they offer you a full subsidy with an incompatible data plan, Fido considers this to be undercharging you. Under the terms of service, Fido has up to six months to essentially correct any mistakes in pricing, thus this is how they justify backcharging you for the full amount.

Whether it is legal or not, I don't have the credentials to tell you for sure. But as far as large corporations are concerned, they're well aware that the average consumer does not have the resources to file a lawsuit and if it were to go to litigation, they would easily just settle and give you everything you want as long as you agree that they committed no wrong doing.

[freibrauer]

Considering the government can back charge you for mistakes in taxes I'm sure its allowed for a company to correct mistakes in billing for a limited time.

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[WorldIRC]

The problem here is within Contract Law there is a concept called "meeting of the minds".

If both parties do not have this "meeting of the minds" the contract is said to be null and void. So even if the client in "good faith", trusted Fido that the terms were whole and accurate, as such meeting of the minds did not occur, Fido does have the right to either correct the terms or reverse any changes that were made.

Of course, the client could then take a social media / OOP / public relations escalation; but then we're no longer talking about contract law and what Fido can or cannot do.

[ceredon]

The problem here is within Contract Law there is a concept called "meeting of the minds".

If both parties do not have this "meeting of the minds" the contract is said to be null and void. So even if the client in "good faith", trusted Fido that the terms were whole and accurate, as such meeting of the minds did not occur, Fido does have the right to either correct the terms or reverse any changes that were made.

Of course, the client could then take a social media / OOP / public relations escalation; but then we're no longer talking about contract law and what Fido can or cannot do.

I don't think it would be quite as clear cut if the client trusted Fido on the terms and the reps believed the terms were correct as he conveyed them. In that case, there was a 'meeting of the minds' between a representative of Fido and the customer.

[ceredon]

Considering the government can back charge you for mistakes in taxes I'm sure its allowed for a company to correct mistakes in billing for a limited time.

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Umm, the government can also draft you into non voluntary service but a business can't really conscript their employees in the same way.

It would be a huge mistake to compare a government's remedy for miscalculated taxes and what a business (or anyone else) can do to 'correct' the terms or price of a contract they freely entered into. Business transactions are not at all, in anyway, like income tax nor the is relationship of a tax payer to the CRA like the relationship between two private entities.

[WorldIRC]

I don't think it would be quite as clear cut if the client trusted Fido on the terms and the reps believed the terms were correct as he conveyed them. In that case, there was a 'meeting of the minds' between a representative of Fido and the customer.

The "agent" acts on "behalf" of the company, but only on the condition that the "agent" acts in an accurate and truthful manner. Fido, "the company" did not have a meeting with the minds, even if their "agent" thought there was.

The client's contract is between themselves and Fido, not said agent.

Agents often promise invalid conditions; and more often or not these are reversed and the decisions are final with no legal bearing as such agent was not authorized to make that decision on behalf of the company. This is why the company can ALWAYS reverse the contract if meeting of the minds did not occur. Remember all those retention credits that were audited and reversed with no recourse?

[WorldIRC]

Mutual assent or meeting of the minds is destroyed by such actions as fraud, undue influence, duress (see per minas), mutual mistake, or misrepresentation

[ceredon]

The "agent" acts on "behalf" of the company, but only on the condition that the "agent" acts in an accurate and truthful manner. Fido, "the company" did not have a meeting with the minds, even if their "agent" thought there was.

The client's contract is between themselves and Fido, not said agent.

Agents often promise invalid conditions; and more often or not these are reversed and the decisions are final with no legal bearing as such agent was not authorized to make that decision on behalf of the company. This is why the company can ALWAYS reverse the contract if meeting of the minds did not occur. Remember all those retention credits that were audited and reversed with no recourse?

At that point you are bringing in agency components of contract law. If said agent is authorized to enter into legal agreements (they are) with customers (third parties) then the company is bound by the contract the agent enters into on their behalf. In that case, the 'meeting of the minds' is between the agent and the third party.

And most retentions credits reversals that have been challenged through the CCTS have been successfully reinstated or another remedy for the customer (get out of jail free card) has been proposed.