This is from a person who successfully got out:
Here's a step by step guide to help all of us who are still stuck on the awful contract:
Call them at:
Customer Service
Dial *611 from your cell phone
(800) 922-0204
Monday-Sunday 6am-11pm
I've found more luck in the 800 number than *611 for some reason. Seems like they were nicer people and not like *611 which was filled with seasoned veterans of retention.
Once the call connects, ask for the rep's name and ID#, BE POLITE!!! Ask how they're doing and etc. And write their info down. Say you've received notices that there is going to be a 50% increase in the cost of text messaging and since it's a change of contract, you'd like to opt out. They will then say that there is an ETF. Mention this clause of the contract:
UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.
From there, they might put you on hold while they talk to a supervisor, after 5 min or so they will bombard you with a bunch of excuses. Let's visit each one of them.
1) You can sign up for a text messaging plan and reduce text messaging costs.
A: So basically I'm being forced to go on an additional plan and pay more money for the plan when I was content on the pay as you go text messaging plan. Now I can only send 2/3 the amount of text messages that I was able to previously thanks to price gouging. I shouldn't be forced to go on an additional more costlier plan in the middle of my contract.
2) Verizon is allowed to increase costs. Stuff like this happens all the time, when we increased our monthly wherever minutes from 400 to 450, existing contract holders were able to share that benefit, so therefore, changes happen.
A: Notice that you had to ask those existing contract holder's PERMISSION to make changes to their contract even when it was beneficial to them. You can't force ANY changes on them, good or bad once that contract has been signed. Furthermore that doesn't justify anything at all, just refer back to that clause in the contract I quoted above.
3a) Text messaging is not a service but rather, a feature, so we can block it for you at no charge.
A: A feature is part of my service, and if a feature is changed, my service is changed. (My friend is brilliant, he came up with that in a second and when I first heard the excuse I was stumped) Furthermore, I signed that contract knowing that I would be able to send text messages for 10 cents. Why should I lose part of my service for no reason in the middle of the contract? The contract specifically states materials adverse to the service. And if anything text messaging was an advertised part of the service.
My friend said: A change in the price of a feature is a change in the price of the service. A change in the price of the service enters into the section that declares that any change in the service allows the payer to opt out of the contract without any fee. (ABSOLUTELY BRILLIANT)
3b) Nowhere on the contract do we mention text messaging.
A: So? It doesn't have to be mentioned word for word. The contract stated SERVICE which includes text messaging obviously. Remember, a feature is part of the service. That's like saying you can spike up the cost of voice mail to $5 a minute just because it wasn't expressly mentioned in the contract.
4) We have not sent out legal notifications yet and the clause of the contract says we can not cancel unless it's "WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE."
BS! what's this? LEGAL NOTICE What does it say at the top? Legal Notice. And it's accessible through your online Verizon account. I don't get paper statements and I pay online so this is the only notice I'll be getting. Furthermore, when they put you on hold, the background music and voice tells you of the impending text messaging cost increase. How's that for a notice? If they keep pressing at it, ask if you can cancel right now and eat the ETF fee, and as soon as you receive the legal notice, call them again for them to reimburse the ETF fee. That's a risky option but should be fine as long as you make sure they make a note of that on your account and you keep their name and ID# just in case. I even had one dumb rep DENY the cost increase and then proceeded to argue with me for 10 minutes...
5) This is as sly as they get: We can give you 10 cent per text message for the remainder of your contract to keep you. Also this will negate the adverse effect so you can no longer opt out.
A: No, you can NOT make changes to my contract as you see fit, even if it's positive for me. So I'm going to have to reject that. That's going against official policy too, are you sure you're able to do that? My intentions are to cancel today (BE FIRM!) I don't have the time to go through my bills to double check in the future to make sure of this. If they keep pressing it, ask if they're able to give you more minutes or cheaper rates and go against contractual/company policy. Remember, them offering this does NOT prevent you from leaving without paying an ETF as long as you DON'T accept it. If your original intention is to ditch the contract altogether, keep at it! Don't give up!
6) We can't cancel your account until the policy officially takes effect on March 1st, so call us back then.
A: At this point you have a few options. If you got this far, it's pretty damn far and I would be tempted to take this AS LONG AS they agree to make a note on your account that you can cancel in March without an ETF. If you have nothing in writing, they will NOT honor it, they're evil like that. Consider your options, I didn't take it cause I don't want to pay another $50 per month. But if you plan to port your number, this isn't a bad deal. Your choice. If you want to cancel right now. Cite the contract:
YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.
Notice it said 60 days after we send notice? Not 60 days after the official change? Click on the link above, that's a LEGAL NOTICE. End of story.
7)You haven't sent many text messages lately so I don't see how this will affect you adversely.
A: That's horse crap as FW member Onechime said above. How can you assume so much about my life habits? Do you know how many text messages I will send next month? Or even tomorrow? I use messaging when I'm in school, I haven't been in school for a while so I haven't had a chance to use it. Also, when I signed the contract, we are both bound to it by law and we shouldn't be able to weasel our way out of even 1 stolen cent. If I'm charged 5 extra cents next month, then that was taken from me unjustly according to the contract I signed. Would Verizon be OK if I paid every bill except for a third of it? Or even 5 cents of it? They'd send me to collection agency cause of that. Ask them: "So you're basically saying, a change in text messaging prices isn't a big enough deal to necessitate a free cancellation of contract, right?" That question will trip them up. They can't say no because that's placing a value judgment on your life and money is money. My 15 cents is just as valuable as $5,000 is to Bill Gates. If they say yes, then they sound like an A-hole. Also, that means they're obviously ignoring the contract and you can call them out on it.
My favorite one: "I use the internet too outside of my work and I know about them websites (Fatwallet/Engadget) that tells you that you can opt out. Well they're WRONG and you can't do it.A: Who says they are wrong? My contract says that they're absolutely right. Just because they're on a website doesn't prove anything at all except it's common knowledge that this is a material breach of contract and that I have the option to opt out without an ETF.
9) There's no rate hike, I haven't heard of it yet.
A: NEXT! Supervisor please!
That's all the crap they've fed me that I can remember. Remember that WE ARE RIGHT ABOUT THIS. Verizon should KNOW that we have the right to opt out once they changed something like that after what happened with Cingular and Sprint. This was obviously done so more people will sign up on their text messaging plans. This was done for profit and we shouldn't stand by it. That clause in the contract I quoted was put there so they wouldn't do something unjust like that. Remember to keep trying, be stubborn and stoic in your conviction that you are right and that the contract is ON YOUR SIDE. Keep calling and you will win, don't be afraid to call incessantly. They can't hang up on you intentionally and get away with it consistently. Always be polite, never yell or resort to calling names, they log every call. So use the logs to your advantage, if your log is long enough, eventually they'll just give in like they did with me. My contract ends in December so I saved more than $500 in 3 grueling hours of work. I'm damn happy.
Some of you might be saying 5 extra cents, what's the big deal? Well that's a 50% increase in price and it will definitely add up. I have sporadic usages so some months a text plan would save me some money and some months it's just a waste, therefore I just take my lumps and never sign on to a text plan, I shouldn't be forced to now in a middle of a contract. Also I have other qualms about Verizon, their phones suck to be honest. I signed a 2 year contract and paid $50 extra for my phone, it's been used for less than a year and I've been good to it. No drops or falls or even scratches. Yet the battery is giving out and the phone is glitchy as hell. Not to mention the dropped calls UGH. Sticking to prepaid from now on.
As a last last resort, and I know some of you will strongly disagree with me on this, but it's up to you. You have the option to threaten legal action, I wouldn't do it but I think it might work. Keep in mind to not make it personal and that it will be directed to the company, not the person you're speaking with. Get their ID and name before you do it so that they know they will be costing the company money if it happens. Keep in mind that if this is brought to small claims court for your ETF you will win almost definitely. Say that you have no option left except for legal action and to bring this to the attention of BBB, FTC and FCC.
Sometimes I just give up and ask to speak to their supervisor. If you feel that the person you're talking to is just acting stupid and acting incompetent on purpose to screw you over, you might want to speak to someone who's actually level headed. Just keep trying. Don't give up!
