How is it possible to be charged an ETF for 14 months of very bad service?

[sliver108]

We would really like to know how they can get away with this. In January of 2013 our service went to complete crap. It wasn?t the greatest before this happened but it was at least manageable. We called customer service religiously for around 14 months complaining about drop calls; slow to nonexistent data coverage; and about a hotspot that never worked correctly. It isn?t like we were not productive about the situation but at the end we had to leave because it started becoming a problem. Please someone help us out. I have received a notice that my past due balance will be sent to collections and frankly I am going to lose my sh%# if that happens. We really felt like hostages and still sort of do.

 

[Almeuit]

We would really like to know how they can get away with this. In January of 2013 our service went to complete crap. It wasn?t the greatest before this happened but it was at least manageable. We called customer service religiously for around 14 months complaining about drop calls; slow to nonexistent data coverage; and about a hotspot that never worked correctly. It isn?t like we were not productive about the situation but at the end we had to leave because it started becoming a problem. Please someone help us out. I have received a notice that my past due balance will be sent to collections and frankly I am going to lose my sh%# if that happens. We really felt like hostages and still sort of do.

Regardless you signed a contract sadly so unless they let you out... You're bound to the terms and that includes an ETF fee.

The only way around it is to complain to the BBB and hope Sprint will cave... For some they have.. Some they haven't.

Sent from my T-Mobile Note 3 using AC Forums.

 

[sliver108]

Regardless you signed a contract sadly so unless they let you out... You're bound to the terms and that includes an ETF fee.

The only way around it is to complain to the BBB and hope Sprint will cave... For some they have.. Some they haven't.

Sent from my T-Mobile Note 3 using AC Forums.

I am making an FCC and BBB complaint in those areas. I am also doing some other things on a state level and local level. Below there is more of a back story (from another post).

Honestly I feel like my head is between a boot and the concrete with Sprint wearing the boot and grinding away. I wish my situation was that cut and dry because I really wouldn't be fighting it.

We were subscribers for 2 years when we decided to upgrade based on the LTE service launching "in a month or 2" and needed LTE capable phones. We upgraded only because what the phone reps and corporate store reps told us in Nov 2012. The 14 day thing really doesn't apply here because it was a month to two months later when they started messing with the towers to implement the LTE service. They basically changed the coverage area after we were in a new contract because they completely screwed up the transition. We felt very duped to say the least. The sad part is it never got any better.

I/we didn't alter anything on our side. We signed a contract and by principal were going to uphold our end of it. There is a cross over point were their practices become extremely anti-consumer and they crossed the line with us. We should have received credits (a fair amount) based on our service or allowed to leave free of charge based on the issues. We both know that the typical recoup cost time period for a phone is 6-10 months and then it is profit for the carrier. It is essentially fraud in my opinion since we were sold a service that fell apart and then Sprint hides behind contract technicalities and bad customer service.

I just wanted to add to something I talked about briefly. It isn't like these guys are out money as I mentioned. I could completely understand if they flipped the bill for our phones and we canceled right away because that would be fraud on our part. When I think about we paid them for 16 months since the new phones were purchased. It is like they are making us responsible for their projections to stock holders. Sprint made around $2,900 off of us and that is taking off $40 a month for taxes etc. that they don't see as revenue. The phones cost was around $1000 for 2 S3's so they banked $1,900. I fail to see how we are on the hook for $357 in ETF charges taking all things into account.

 

[Gary Friderichsohn]

I know how you feel. For about a year and half my local sprint store has told me that LTE would be here "by spring, by summer, by end of year". I am paying a $87 per month bill for 2G/3G. Averages well under 1 mbps. I sat 10 feet from my friend who has 25 mbps on his Verizon phone and I got .15 mbps on my Sprint Spark LG G2 Tri-Band phone. What good is this phone and unlimited data on a service like Sprint. I think Sprint owes us. I bought in again and now have 1.5 years left. No TMobile at this spot in Eastern Washington State. I'll play it out and then probably a Go-Phone.

 

[sliver108]

I know how you feel. For about a year and half my local sprint store has told me that LTE would be here "by spring, by summer, by end of year". I am paying a $87 per month bill for 2G/3G. Averages well under 1 mbps. I sat 10 feet from my friend who has 25 mbps on his Verizon phone and I got .15 mbps on my Sprint Spark LG G2 Tri-Band phone. What good is this phone and unlimited data on a service like Sprint. I think Sprint owes us. I bought in again and now have 1.5 years left. No TMobile at this spot in Eastern Washington State. I'll play it out and then probably a Go-Phone.

I am not a hard person to please proof of this is the fact the I had Sprint for 2 years before the upgrade lol. My gripes are that they "altered the service I originally agreed to" and it was past the 14 day mark (1-2 months in it went downhill) so I couldn't cancel. As I mentioned I filed complaints for around 15 months and around 40-50 calls. On top of all that it isn't like they are on the hook for the phones at this point.

 

[dpham00]

I am not a hard person to please proof of this is the fact the I had Sprint for 2 years before the upgrade lol. My gripes are that they "altered the service I originally agreed to" and it was past the 14 day mark (1-2 months in it went downhill) so I couldn't cancel. As I mentioned I filed complaints for around 15 months and around 40-50 calls. On top of all that it isn't like they are on the hook for the phones at this point.

I understand your pain. But I am pretty sure that in the contract, it says something to the extent that service isn't guaranteed. I was in a similar situation as you, my Verizon Samsung Galaxy Note II got good LTE speeds when I first bought it at my work. But slowly, Verizon's 700mhz LTE network got bogged down and got very slow (around 1mbps). But I did check with Verizon's terms and they do indeed state that service isn't guaranteed. I am sure Sprint has a similar clause.

Also, when they sell you phones on a two year contract, they are subsidizing the phone, and that subsidization is amortized over 2 years. So yes, they are still recouperating part of the phones, even 14 months into a 2 year contract.

So from a legal perspective, they are correct in holding etf.

Now, from a customer perspective, I understand your frustration, and if T-Mobile gets good service where you are, then your best bet would be to switch to them and have them pay your etf. Filing with the BBB is fine, but it is not really a legal matter, more of one in which if they want to please the customer.

dpham00, Android Central Moderator
Sent from my Verizon Samsung Galaxy Note 3

 

[dpham00]

I am making an FCC and BBB complaint in those areas. I am also doing some other things on a state level and local level. Below there is more of a back story (from another post).

Honestly I feel like my head is between a boot and the concrete with Sprint wearing the boot and grinding away. I wish my situation was that cut and dry because I really wouldn't be fighting it.

We were subscribers for 2 years when we decided to upgrade based on the LTE service launching "in a month or 2" and needed LTE capable phones. We upgraded only because what the phone reps and corporate store reps told us in Nov 2012. The 14 day thing really doesn't apply here because it was a month to two months later when they started messing with the towers to implement the LTE service. They basically changed the coverage area after we were in a new contract because they completely screwed up the transition. We felt very duped to say the least. The sad part is it never got any better.

I/we didn't alter anything on our side. We signed a contract and by principal were going to uphold our end of it. There is a cross over point were their practices become extremely anti-consumer and they crossed the line with us. We should have received credits (a fair amount) based on our service or allowed to leave free of charge based on the issues. We both know that the typical recoup cost time period for a phone is 6-10 months and then it is profit for the carrier. It is essentially fraud in my opinion since we were sold a service that fell apart and then Sprint hides behind contract technicalities and bad customer service.

I just wanted to add to something I talked about briefly. It isn't like these guys are out money as I mentioned. I could completely understand if they flipped the bill for our phones and we canceled right away because that would be fraud on our part. When I think about we paid them for 16 months since the new phones were purchased. It is like they are making us responsible for their projections to stock holders. Sprint made around $2,900 off of us and that is taking off $40 a month for taxes etc. that they don't see as revenue. The phones cost was around $1000 for 2 S3's so they banked $1,900. I fail to see how we are on the hook for $357 in ETF charges taking all things into account.

If they guaranteed to you that LTE was coming within a month or two in writing, and it is written within the contract that if LTE doesn't come within the allotted time frame, that the contract would be null and void, then you would just have to provide that documentation, and it would be an easy win in court.

Without that, they would point to where it says that service isn't guaranteed.

dpham00, Android Central Moderator
Sent from my Verizon Samsung Galaxy Note 3

 

[sliver108]

I understand your pain. But I am pretty sure that in the contract, it says something to the extent that service isn't guaranteed. I was in a similar situation as you, my Verizon Samsung Galaxy Note II got good LTE speeds when I first bought it at my work. But slowly, Verizon's 700mhz LTE network got bogged down and got very slow (around 1mbps). But I did check with Verizon's terms and they do indeed state that service isn't guaranteed. I am sure Sprint has a similar clause.

Also, when they sell you phones on a two year contract, they are subsidizing the phone, and that subsidization is amortized over 2 years. So yes, they are still recouperating part of the phones, even 14 months into a 2 year contract.

So from a legal perspective, they are correct in holding etf.

Now, from a customer perspective, I understand your frustration, and if T-Mobile gets good service where you are, then your best bet would be to switch to them and have them pay your etf. Filing with the BBB is fine, but it is not really a legal matter, more of one in which if they want to please the customer.

dpham00, Android Central Moderator
Sent from my Verizon Samsung Galaxy Note 3

It is hard not to see a correlation between this and the 2008 mortgage debacle and reverse red lining that contributed to it before hand....on an anti-consumer level that is. I am usually one of the people thats says "well you signed the contract" but I also realize there consumer predatory practices and there should be a line. You also have to remember (may not have mentioned it) but I wasn't really compensated in the form of credits for the service issues. I started out just trying to be compensated for all of the problems in the very beginning but Sprint more or less said F&%# off.

I am not going to lie...at this point even if I lost the small claims court case I am planning on filing (if this isn't worked out soon) I just want to cause them pain.

I understand the amortization part but that is their business model and hence not my problem. I worked in the upscale restaurant industry for a while and while we didn't rush guests out on a Saturday night it was our business model to rotate the table X amount of hours. Did that always happen, no of course not. My point is that they can't claim that they were not reimbursed for the phone when it comes down to raw number in revenue.

I actually ended up signing up with Verizon and service has been great so far. We are receiving around $840 in credit for joining but I am not going to use my credit to pay an unjust ETF (unless I have to) on principal.

Thanks for the response dpham00

 

[Gary Friderichsohn]

I understand your pain. But I am pretty sure that in the contract, it says something to the extent that service isn't guaranteed. I was in a similar situation as you, my Verizon Samsung Galaxy Note II got good LTE speeds when I first bought it at my work. But slowly, Verizon's 700mhz LTE network got bogged down and got very slow (around 1mbps). But I did check with Verizon's terms and they do indeed state that service isn't guaranteed. I am sure Sprint has a similar clause.

Also, when they sell you phones on a two year contract, they are subsidizing the phone, and that subsidization is amortized over 2 years. So yes, they are still recouperating part of the phones, even 14 months into a 2 year contract.

So from a legal perspective, they are correct in holding etf.

Now, from a customer perspective, I understand your frustration, and if T-Mobile gets good service where you are, then your best bet would be to switch to them and have them pay your etf. Filing with the BBB is fine, but it is not really a legal matter, more of one in which if they want to please the customer.

dpham00, Android Central Moderator
Sent from my Verizon Samsung Galaxy Note 3

But in the USA we do have something call "Implied Warranty of Merchantability" * I do not know how that would play out.

*I am not a lawyer, but I play one on the "internets".

 

[dpham00]

But in the USA we do have something call "Implied Warranty of Merchantability" * I do not know how that would play out.

*I am not a lawyer, but I play one on the "internets".

Which the only way to get a binding judgement would be through arbitration or a lawsuit.

It is going to come down to if he can prove that they guaranteed that he would get LTE on such and such a date.

And with proper documentation, I think he can win... Whether or not it is worth the effort is another story. Bbb and the like are non binding, so if Sprint feels like it then they might let him off without etf, if he went that route.

dpham00, Android Central Moderator
Sent from my Verizon Samsung Galaxy Note 3

 

[sliver108]

But in the USA we do have something call "Implied Warranty of Merchantability" * I do not know how that would play out.

*I am not a lawyer, but I play one on the "internets".

This precisely my point.

 

[demontooth]

Have T-Mobile pay off your ETF.

Sent from my GT-I9505G using Tapatalk

 

[Leslie Hatcher]

Go on the Sprint community on the sprint.com page. Send a private message to try to get some assistance. Just a suggestion, it worked for me.

Posted via Android Central App

 

[Topgonzo]

Don't you agree in the contract or terms of service agree that you cannot sue sprint and that you have to go to a third party mediation or something?

Sent from my LG-LS995 using Xparent BlueTapatalk 2

 

[Gary Friderichsohn]

within one quarter mile of Sprint Spark tower:'(

 

[Gary Friderichsohn]

The 8.85 was in another locality.

 

[Michael Lynady]

For everyone who complains to the BBB-they are franchises just like a McDonald's - if a business pays for membership, sadly - well, no need to explain further - totally sucks

Posted via Android Central App

 

[Almeuit]

For everyone who complains to the BBB-they are franchises just like a McDonald's - if a business pays for membership, sadly - well, no need to explain further - totally sucks

Posted via Android Central App

My buddy complained to the BBB. Sprint contacted him.. Saw his complaint was legit and he was let out of contract. So yeah not sure what you mean..

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[cgardnervt]

This is why I left years ago! I don't regret it either. LTE VIA att is great here in VT and well worth the price difference! (Sprint is just bad in VT.)

 

[dpham00]

My buddy complained to the BBB. Sprint contacted him.. Saw his complaint was legit and he was let out of contract. So yeah not sure what you mean..

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Doesn't hurt to try. Doesn't cost anything. But really the bbb acts like mailman. Whatever you send they forward to company, and then whatever the company sends, they forward back to you. But companies usually tend to take bbb complains more seriously than just calling in.

You can also file complaint with the state attorney general. But they can be slow. I filed with both once and bbb was resolved way before the state ag responded. But this can depend from state to state.

dpham00, Android Central Moderator
Sent from my Verizon Samsung Galaxy Note 3