How to get out of your contract, even if you have unlimited texts...

A

ajtn66

New member
It actually sounds like a fluke. And that's what happens from time to time but you won't be able to get out of contract. As a matter of fact the mms option is not available on the bb voice plans (the plans with minutes and bb service and sms included for one price).
They may have updated since the release of pearl and curve. But I highly doubt that you would be let out of contract. Because technically you aren't suppose to be able to it anyways. ~via BB (wap.rabroad.com)~
 
Ok, to clear things up for some people who are misunderstanding or have their doubts...

1. The reason that you can cancel your contract without an early termination fee is due to CONTRACT LAW. When you sign up for a contract, you and the carrier agree to enter into a contract whereby certain terms are written out that both parties agree to. When EITHER party decides to make a MATERIALLY ADVERSE change to the terms of the contract, the contract is considered void and consequences are spelled out in the contract. If you decide to pre-emptively cancel your contract early (a materially adverse change to the carrier), the consequence is that you pay the early termination fee to the carrier. If T-mo decides to alter the contract by charging more for texts (a materially adverse change to the customer), the consequence is you can cancel without an early termination fee as SPELLED OUT IN THE TERMS OF CONTRACT that I posted previously.

This concept is actually a very simple concept in contract law.


2. For those who think it's not possible or a "fluke", it is not a fluke at all. It is WRITTEN in the terms of the contract (the stuff that most of us don't read when we sign a cell phone contract), and most, if not all carriers, include a similar clause in their contracts. Escaping a contract due to text-message rate changes have been successfully done by many people on many different carriers (most recent examples are the current t-mo changes, previous ones were sprint and verizon, and cingular way before then to).

For those who are still in doubt whether this is possible or not, please visit consumerist.com and search for "escape etf" for tips and cases of people successfully canceling their contracts based on text message rate changes for the various carriers.

3. It is more straightforward to get out of contract if you DON'T have a text package, because if you don't have a package, you pay for each individual message and therefore are more OBVIOUSLY affected by the change. It is usually people with unlimited packages that have a harder time convincing the carrier that they are affected. Even if you have text messages blocked, you are STILL affected because if you unblock, you would still have to pay the new increased price if you get a text message.

The only caveat is that you actually use text messaging. If you don't use it and are not billed, you can still convince them that you plan on using it in the future, but because of this change in rate, your plans are affected, hence you can get out.

4. I have had my plan since the pearl came out (2 years this October). The original minutes and mail plan seems to be the same offered currently, which means that anyone with this plan qualifies for canceling their contract without fee.


5. I have already CONFIRMED myself that I qualify for cancellation, and with VERY LITTLE resistance from the t-mo rep. She had to check if I qualified because of the unlimited messages plan, but she came back less than a minute later and said I did in fact qualify to cancel because I am charged for MMS messages.
 
The reason why someone with a minutes/mail plan can get out of contract is precisely because it does not include MMS, meaning you will get charged every time you use it and therefore would be MATERIALLY affected by the change in contract terms when the rate changes, and therefore they must let you walk without a cancellation fee.




Did you read my posts? I already CONFIRMED with t-mo that I can be released up until Sept. 1 without an early termination fee, even with the minutes/mail plan that has unlimited text messaging. "Techincally" is precisely why you can get out of this contract. Please do some research into contract law and you will see what I mean.
 
Again, for those who haven't read the terms and conditions (this is the old version for those who signed up prior to June 2008), here is the section that applies:

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.



Here is the NEW terms and conditions for those who signed up AFTER June, 2008 (yes, it STILL contains a clause that lets you off):

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
 
thanks mr.deeno for clearing up the information you have provided, it made me understand more clear then what everyone else wrote on page 1 to page 2. I understand that they really didn't understood of what your concern was about the text messaging, your right go to t-mobile website for more further details in the message increase in august. thanks for your concern. hope others will thank you as well as i did .... im glad you got it figured out....
 
I am actually considering a 3G iphone at the moment since this Bold fiasco is beginning to piss me off. Looks like it won't be released until September. I want to check out the new iphone first, but everywhere around me is sold out until at least August.

WTF is wrong with people? I would spend hours standing in line for medicine, food, water, or even sex...but for a freakin' phone?
 
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