Tax increase as of 4/1/13 - Get out of your contract and ETF!

[yankeesusa]

Well, I tried yesterday and according to Sprint there are no taxes or surcharges changing on my bill.

I'm in NC, is this a regional thing or what exactly is that I can do to get out of the contract without paying any penalties?

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Check your bill, if there are any changes it will be on the sides of the bill that has announcements and stuff.

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[yankeesusa]

From the XDA forums:

1. Effective 4/1/13, Sprint will be changing tax systems for charges such as insurance & premium content. This update may cause an increase of taxes and/or surcharges on your bill for these products. For details of taxes & surcharges, visit sprint.com/taxesandfees ."

2. A surcharge increase would be a change in contract on sprint's part, allowing you to get out without paying an Early Termination Fee. A tax increase would not be considered a "change in contract."

3. Surcharge increases vary regionally.

'4. Per sprint: Your Right To Change The Agreement & Your Related Rights We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes?and we may provide you notice of non-material changes?in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.

5. You may be able to get sprint to note that your contract is "FULFILLED" without terminating your contract, and leaving sprint. Your Mileage Might Vary (YMMV). This may allow you to get perks such as phone upgrades, etc.

Can you tell us where you saw this? I can't find it on any of my bills under the "Sprint news and notices".

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[kg4icg]

Want to know what is funny. TEP and premium perks aren't part of your service contract. So a price hike on those wouldn't matter 1 way or another in a ETF clause.

 

[yankeesusa]

Oh well. Couldn't find it anywhere on any of my last 4 bills. I guess I'm stuck with Sprint and their horribly slow data. Maybe they'll surprise me and actually improve. Here's to hoping.

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[Scotty Olsen]

Can you tell us where you saw this? I can't find it on any of my bills under the "Sprint news and notices".

Log in on the Sprint site > click "See my bill" > click "Important Information Relating To Your Sprint Bill" at the bottom > "Tax & Surcharge Base Changes" is the last header on the right side. It's not in the "SPRINT NEWS AND NOTICES" column. This was on my March bill, which is still my current one until the 10th.

 

[ExtctnLvlEvnt]

With tax increase you'll have a case but as for signal coverage, they have ok signal there so that won't work. But tmobile looks decent there.

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At my house I have to have the Airrave to even use my phone without wifi, so I have a case all the way around

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[ExtctnLvlEvnt]

Log in on the Sprint site > click "See my bill" > click "Important Information Relating To Your Sprint Bill" at the bottom > "Tax & Surcharge Base Changes" is the last header on the right side. It's not in the "SPRINT NEWS AND NOTICES" column. This was on my March bill, which is still my current one until the 10th.

This is what you should see.....

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[yankeesusa]

Log in on the Sprint site > click "See my bill" > click "Important Information Relating To Your Sprint Bill" at the bottom > "Tax & Surcharge Base Changes" is the last header on the right side. It's not in the "SPRINT NEWS AND NOTICES" column. This was on my March bill, which is still my current one until the 10th.

That's where it is. Thanks. Will update if I'm successful. I don't want to cancel Sprint but I at least want to go month to month so if they don't improve I can switch to tmobile

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[ExtctnLvlEvnt]

That's where it is. Thanks. Will update if I'm successful. I don't want to cancel Sprint but I at least want to go month to month so if they don't improve I can switch to tmobile

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Let me know I plan on trying after I hear about some results

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[Mellimel22]

Let me know I plan on trying after I hear about some results

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Me too I won't mind going month to month.

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[harold42483]

Any idea what happens to your device? Does sprint take it back?

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[yankeesusa]

Any idea what happens to your device? Does sprint take it back?

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As far as I know, nothing. I did it a year ago when I just had gotten the Evo 3d. They let me go month to month. Of course that may be reason they didn't do anything about the device. Technically their the ones breaking the agreement so technically they can't do a thing. Of course I'm not a lawyer so it would be good to get a definite solid answer.

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[harold42483]

Just got off the line with then and they state that in the contract we signed it says sprint has the right to change its terms at anytime. Any ideas where to go from here?

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[Scotty Olsen]

Just got off the line with then and they state that in the contract we signed it says sprint has the right to change its terms at anytime. Any ideas where to go from here?

Agree with them as they're not wrong, they're just not stating the entire portion of that detail. See the underlined parts below.

When You Don't Have To Pay An Early Termination Fee
You aren't responsible for paying an Early Termination Fee when terminating Services: (a) provided on a month-to-month basis; (b) provided on a subscription basis that do not include a Term Commitment; (c) consistent with our published trial period return policy; or (d) in response to a materially adverse change that we make to the Agreement as described directly below.

Our Right To Change The Agreement & Your Related Rights
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes?and we may provide you notice of non-material changes?in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.

Yes, they can change the agreement at any time, but by doing so, you have the right to leave if you do not agree with those changes. I would quote them (word for word) this portion of the terms.

 

[harold42483]

Agree with them as they're not wrong, they're just not stating the entire portion of that detail. See the underlined parts below.

When You Don't Have To Pay An Early Termination Fee
You aren't responsible for paying an Early Termination Fee when terminating Services: (a) provided on a month-to-month basis; (b) provided on a subscription basis that do not include a Term Commitment; (c) consistent with our published trial period return policy; or (d) in response to a materially adverse change that we make to the Agreement as described directly below.

Our Right To Change The Agreement & Your Related Rights
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes?and we may provide you notice of non-material changes?in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.

Yes, they can change the agreement at any time, but by doing so, you have the right to leave if you do not agree with those changes. I would quote them (word for word) this portion of the terms.

Ok I'm not much on legal stuff. But does what's going on sound like its ground for etf free service termination.

If they raise the taxes on insurance fees are they liable ?

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[Scotty Olsen]

Ok I'm not much on legal stuff. But does what's going on sound like its ground for etf free service termination.

Yes. They can't just go and charge you more for your service when ever they very well please without your agreement, that's what the contract is for.

If they raise the taxes on insurance fees are they liable ?

No, taxes are out of their control. Surcharges, however, are implemented by them to help counter the cost of taxes that they pay. Here's another snippet from the Terms & Conditions:

**Monthly charges exclude taxes, Sprint Surcharges [incl. USF charge of up to 15.5% (varies quarterly), Administrative Charge (up to $1.99/line/mo.), Regulatory Charge ($0.40/line/mo.) & state/local fees by area (approx. 5-20%)]. Sprint Surcharges are not taxes or gov't-required charges and are subject to change. Details: Sprint.com/taxesandfees.

Be careful with this one. Don't mention anything about taxes, focus on the surcharges. If they try to get into taxes, say that you understand that a tax implemented on you is out of their control. If they try to say that the surcharges are to make up for the tax that they pay, quote the underlined part above and say that they control surcharges and that you don't agree with the charge increase.

 

[harold42483]

Yes. They can't just go and charge you more for your service when ever they very well please without your agreement, that's what the contract is for.



No, taxes are out of their control. Surcharges, however, are implemented by them to help counter the cost of taxes that they pay. Here's another snippet from the Terms & Conditions:



Be careful with this one. Don't mention anything about taxes, focus on the surcharges. If they try to get into taxes, say that you understand that a tax implemented on you is out of their control. If they try to say that the surcharges are to make up for the tax that they pay, quote the underlined part above and say that they control surcharges and that you don't agree with the charge increase.

Ok but quick question. If sprint surcharges are subject to change doesn't that cover them. They are saying that they can change the rules as they go. Am I right. Thanks for the help by the way

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[Mitri360]

So it is now the 4th of the month, has anyone had any success with getting it of the contract with this yet?

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[harold42483]

Be careful with this one. Don't mention anything about taxes, focus on the surcharges. If they try to get into taxes, say that you understand that a tax implemented on you is out of their control. If they try to say that the surcharges are to make up for the tax that they pay, quote the underlined part above and say that they control surcharges and that you don't agree with the charge increase.

he sent me to this


Account & Service Charges
You are responsible for all charges associated with your account and the Services on your account, no matter who adds or uses the Services. Charges include, but are not limited to, the monthly recurring charges, usage charges, charges for additional services, taxes, surcharges, and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, and in confirmation materials that we may send to you. Depending on your Services, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and web access. If you (the account holder) allow end users to access or use your Devices, you authorize end users to access, download, and use Services. You may have the opportunity to purchase Services on a subscription basis where we assess subscription charges that allow you access to the Services and/or provide you a certain amount of use of the Services for a defined period of time. Depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods. Subscription Services offered on a recurring basis do not end until terminated by you or us. Subscription charges for recurring Services occur at the beginning of each bill cycle. Information regarding your bill cycle for subscription Services will be provided when you order the Services. For Services offered on a per-day basis, you will generally be charged for use before or at the time of use. In certain instances, we may charge you at some point after you use the Services. Unless otherwise disclosed, Services offered on a per-day basis end 24 hours after Service is initiated.

he states that we are resposible for surcharges taxes and fees?? any ideas

 

[Mellimel22]

Send him to the part above about no eft

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