[EVO 4G General] kawaski47:
Below is not me but another member and was taken from the 3D forum.

Here is my advice....It is a lot of work, but trust me, you will walk away happy. I am a pitbull on this stuff. I recently had a dispute with American Furniture Stores over a warranty matter and I eventually got them to not only replace the TV, but got a bigger model, with better resolution, and an upgrade from DLP to plasma. This is two years after I bought the original TV. When I was dealing with them I got so far up the food chain I was dealing directly with a VP by the time it was done.

Ok. There was a post a page or two back in which someone links to his blog regarding this matter. Seek out that post to review. He cites a court case that sets precedent that a change to an arbitration clause in a contract is indeed a material change to a contract.

with that court case in hand call them back. Start off cool. They will ask you how you're doing. say something like you are ok, but wish the weather was nicer. Ask them how their weather is. Theyll say hot cold, whatever. Then you say, where are you at, Overland Park? Theyll tell you where they are, whether it is Overland Park or some other satelite call center. This info comes in handy later.

Then start to tell them what you want to do.

If they tell you that the contract gives them the right to change terms, advise that you are well aware of this and agree that it does. However, explain that the Sprint contract is drawn up in such a way that it gives both Sprint, and yourself protections. The protections given to you are spelled out in the section that specifically says it is regarding YOUR rights. One of those rights is the ability to part ways with Sprint without a termination fee in the event that they materially change the contract in any way which is materially adverse to yourself. Then cite the case which stipulates a change to arbitration clause is in fact a material change. State the fact that this new change also hinders your ability to get fair and unbiased arbitration (by removing your ability to have a say so in who will arbitrate) means that it is indeed adverse to yourself. This is of course, in addition to the materially adverse change that they are charging you more money in administrative fees.

If they say that legal has advised them that there is nothing in the changes that allows you to leave ETF free, politely ask them to cite the case which nullified the decision made in the case that you have already cited. They will obviously not be able to do this. If they say that "legal" has informed them of yadda yadda, ask them to read you the email that went out to the reps saying that this change is not grounds for ETF to be waived. You also ask them for the name of the person in charge of that department. Hopefully they give it to you. Then you ask to be put in contact with that department. Write down the name and contact info of the rep that you are talking to and advise them that you are taking their info down so that they can remain a point of contact for you in the future. Then ask to talk to their supervisor.

This is where you keep getting names of people who are higher up. Once you have the names you can call back to ask for them directly. If a CS rep wont transfer you, call the Sprint office by looking up local numbers for Sprint. Since you know the city they are in, remember asking about weather earlier, you can call their local lines and have a switchboard operator transfer you.

Keep up with this process. Youll get what you want. You may even try what I do now anymore. Anytime I call into a place over a problem anymore I basically tell them right off of the bat that I have unlimited minutes, a weeks vacation which started today, and nothing better to do than see this through. I flat out tell them that if the situation isnt resolved I will be calling them so much that it's borderline illegal. A lot of times they blow it off like you are full of hot air. But I tell you what, when they tell me they need to talk to someone else to review my situation and call me back, I hold them to it. If they tell me theyll call in 10 minutes I advise that if they are so much as a second late Ill be calling them back directly. Then I actually do it when they fail to come through for me. And I literally mean that if they are a second late I am calling them back. This is a good excuse to get their managers name too, which moves you up the food chain. Eventually the company will realize that they RARELY ever get someone with the resolve to follow through with their "hot air" and they cave.

good luck.