yashsingh1/xdaforums huggingface dataset:
[HTC EVO 3D] spx_trader:
i haven't kept up on whats been going on with this now, i called in a long time ago and got on month to month when this thread was 1st posted. but if you are only trying to reset the upgrade date i don't think it Will work

I know its harder to get this now, but even though i am month to month i found out that my upgrade date still stands, even if i offered to sign a new contract now, doesn't seem to make sense to me. I asked this when i went to double check i was month to month still

edit, should have read everyone else tell you no 1st
[HTC EVO 3D] thos25:
What I am curious about is if they switch you back to a contract if you don't leave after 30 days. I was told that they would, zero out my contract, but would follow up in 30 days to make sure I actually left. He told me if he checked and I was still with sprint he would put me back on contract....I'm curious if this will happen. My contract does show as being fulfilled as of 9/11.
[HTC EVO 3D] daneurysm:
Well, I just officially finished off this entire process today. I was told that "We are not supposed to do this any more but since you were already offered this agreement we'll honor it"...no contract, number is currently in-port to google voice, and got a new line for SGS2.

I'm still gonna hang out in the E3D section though. This place is a freaking nuthouse. It's like the 4chan of XDA and I'd rather keep this open in another tab than 4chan, lol.

So it looks like it will be nearly impossible to do this now, though, I've still heard reports of success. But you've gotta be a bulldog.

---------- Post added at 04:47 PM ---------- Previous post was at 04:46 PM ----------

Ooooh, then people who thought they got "month to month" just got "a month to leave" and tricked into staying...

...clever. Evil, but clever.
[HTC EVO 3D] kkwus74:
When is the dateline for us to get out of our existing contracts?
[HTC EVO 3D] spx_trader:
I guess I'll find out soon and report back. They never told me the 30 day thing and I called to check. My contract was closed on the 26th I'll post back after that date. If I have a contract after the 26th I'll be pissed, I do want to goto Tmobile, but not until the prime is out
[HTC EVO 3D] Moose8106:
Currently giving Sprint a legal beat down. Will update more later.

The increase in fees won't work; they said they could change that a lot earlier.

But I used this

The Arbitration Clause Change

As I stated earlier, Sprint changed the arbitration clause in the Terms and Conditions. Compared to the change in Administrative Charge, this is a cut-and-dry case, even though the rep will still try to fight it.

Here are the relevant sections of the Terms and Agreements; on the left is the old word, and on the right is the new wording:

(4) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of the last billing address of the Device. We will agree on the arbitrator, and if we cannot agree, then the arbitrator will be appointed by the court as provided by the FAA.
(5) The arbitration will be governed by the arbitration rules selected by the Arbitrator. The federal or state law that applies to the Agreement will also apply during the arbitration.

(4) Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service.
(5) The arbitration will be governed and conducted by (a) a neutral third party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) JAMS. The JAMS rules, including rules about the selection of an arbitrator, filing, administration, discovery, and arbitrator fees, will be conducted under JAMS Comprehensive Arbitration Rules & Procedures.

As you can see, both of these sections went through considerable changes. However, the primary change is this: before, the customer and Sprint had to agree to a third-party arbitrator, or else the court would assign one to the arbitration. Now, if the customer and Sprint cannot agree on a third-party arbitrator, Sprint may select JAMS as arbitrator. This is a bad thing. As cited many times in complaints on Ripoff Reports and other sites, JAMS is an agency that often will side with the carrier in arbitration disputes; it is rare that the customer will win such a case.

Now, the rep may counter this change in two ways.

First, the Sprint rep may claim that the arbitration clause is not material, and a change to this clause is not material.
However, legal precedent states otherwise. In 2007, The Consumerist wrote a guide for Cingular customers to break their contracts based on the addition of a section in the arbitration clause removing the customer's right to join a class-action lawsuit. In that guide, The Consumerist states the following as a statement the customer should tell the rep to counter this claim: "In Cunningham vs. Fleetwood Homes of Georgia, reported at page 611 of the third Federal Reporter, volume 253, the Eleventh Circuit Court of Appeals ruled that arbitration clauses are material terms to a contract." (Cunningham v. Fleetwood Homes of Georgia, Inc., 253 F.3d, 611 (11th Cir. 2001))

I got that from a link posted earlier http://techadhd.com/rant/1315726788/sprints-tscs-change-how-it-affects-you
[HTC EVO 3D] wildcatswr5:
I have one question to add here. If I terminate based on the material changes, will Sprint mark my ESN as "bad"?

________

HTC EVO 3D @ 1.7GHz running silverneedle kernel and viperROM :-)
[HTC EVO 3D] twiz0r:
No

Sent from my cyanogenized shooter
[HTC EVO 3D] wildcatswr5:
Can this be done in a Sprint store, as in "in person"? Or does it have to be done over the phone?

________

HTC EVO 3D @ 1.7GHz running silverneedle kernel and viperROM :-)
[HTC EVO 3D] thatlonedude:
If I get out of my contract can I reactivate my phone on sprint a few days later but you know with no contract?

shot from my double barreled shooter
[HTC EVO 3D] kawaski47:
Nope. Even if you bring a phone into sprint that you already own and start a new plan, you will still have to sign a new two year agreement
[HTC EVO 3D] RVDigital:
Wrapped mine today as well. Sending back the AiRave and confirmed (for the 4th or 5th time now) that the ETFs will be waved on my final bill. Around the 2nd or 3rd call I was told that it was unusual that they were doing it, but because it was already mentioned, they had to honor it. We're getting to a point now where the success rate will be minimal.

Also finding that they are NOT prorating any difference in your bill. Meaning, if you paid a month in advance *(as all of us do), you're not being credited for unused days. in my case, i paid for 15 days and I'm not getting anything back. A small price to pay for such an opportunity.
[HTC EVO 3D] boe:
How many people here want to use this so they can dump their 3D and get the Epic Touch 4G?
[HTC EVO 3D] plmiller0905:
I did...and im glad i made the change
[HTC EVO 3D] ldominguez1986:
How did you do it? can you give me a play by play
[HTC EVO 3D] boe:
Were you within your 30 days? What was the top 1 or 2 reasons why you switched?
[HTC EVO 3D] CheesyNutz:
I dropped 4 line with no troubles at all. Called hit cancel my contact lady came on the line. TOLD her i didn't not agree with the upcoming changes to my account and wanted to close all 4 lines. 5 mins later account closed. Went to att and couldn't be happier

E3D
[HTC EVO 3D] Moose8106:
OMG. The Evo 3D community has just lost THE MOST SARCASTIC ASSHOLE IN THESE FORUMS :( Dammit Cheesy, Dammit!

Seriously though, you were a good source of entertainment. Haha

I might go with a Galaxy S II... Still don't know what I want to do.
[HTC EVO 3D] rhonal89:
i was told. this don't apply to me because my contract is from 2011 june 24
[HTC EVO 3D] daneurysm:
Untrue. Mine was from even later than that (a month or two, I forget)...that contract no longer exists.
[HTC EVO 3D] ScottSNX:
Just called and gave the "script," was escalated up a level and the supervisor explained that they weren't doing it anymore and he gave me a fax number and address for Sprint legal in Virginia. Advice?
[HTC EVO 3D] Agent0hibachi:
So when i called, they kept pounding the fact that its still under the $1.99 so that they couldnt do anything for me. I read over what others had said but how can i go about getting around that stance that they are telling me that its still below the $1.99 price.
[HTC EVO 3D] thos25:
Tell them you want a direct phone number to them, not just a fax. I'd get on the phone with them and cite the court case which stipulates that an arbitration clause is a material change. Let them explain to you why it isn't grounds.

As I said before I will hound a company so much it is borderline illegal. As a matter of fact I recall one company that told me to stop calling them or they would call the cops. Every time I called I kept getting the same guy and he threatened me saying he would call the cops to charge me with harassment. Then he hung up on me. You know what I did. Called him right back. And when he hung up again....called back again. And guess what. They never called any cops...but they did give me what I wanted. Ha.

Don't give up my friend.
[HTC EVO 3D] Agent0hibachi:
I just tried also using the arbitration clause reasoning an still no go with the 2 people that i spoke too. He said that Sprint Legal Team has told them all that this is not a material change even though i was quoting the In Cunningham vs. Fleetwood Homes of Georgia case.

I just i will try again tomorrow but it seem as if if you didnt jump on this right away all of Sprint reps have been briefed heavily on not giving us what we want.
[HTC EVO 3D] zonyl:
Cancel the contact, pay the etf, and file small claims for the money back. Sprint won't show up you get you're money back.
[HTC EVO 3D] shadowhawk2020:
Just data roam a crazy amount. I may take a couple of months but you will get out eventually.
[HTC EVO 3D] thos25:
That sucks brother. Don't know what to tell you other than to, keep trying. Hopefully you get somewhere.

If you want out bad enough consult a contract law attorney. Usually you get free consults. See what the attorney says. If he says it is a slam dunk I would pursue legal action against them. If it really is a slam dunk you should also be able to get sprint to pay your attorney fees. The point is that if sprint is blatantly disregarding the terms of the contract, as it seems they are, they should be sued.

Of course there are other avenues such as Better business bureau as well. They helped me resolve an issue with nextel prior to sprint buying them out. They used to auto renew contracts before the contract was actually even up. and tried to rope me into a new contract I didn't want. One letter to BBB resolved the issue quickly. good luck
[HTC EVO 3D] zdog187:
Same run around here. Asked for supervisor and they kept repeating that change was under $1.99, therefore I should go **** myself.
[HTC EVO 3D] ImaWinRAR:
I need some advice.

I cancelled my line on the 9/6 due to the admin charge increase and they told me theyre still going to charge me the ETF fee but i just need to call in and they'll credit the amount back to me. yay?

not yay. 1 week goes by, i get my bill and the fee is there, so i call up sprint to credit the amount go through 4-5 retention reps until one tells me its good to go and he sends the credit application so i'll have it in 3-5 days.

1 MORE week goes by, nothing. i call up sprint on saturday go through another 2-3 retention reps, nothing, went up to managers and they set me up for a $230.83 credit renewal. told me he would call me back after its been applied (3-5 days again) and that my account has been CEARLY noted and that there is nothing to worry about.

few days swing by and now i hear their financial department is being a grade A #$#$% so i'm preparing to have nothing done on my account and being stranded with the ETF

I'm asking for advice but also warning to those who got out: watch your back. check your bill, if they did the same crap to you as they did to me, you might have an ETF waiting to be paid
[HTC EVO 3D] Richkid:
Persistence is key

After two weeks of endless phone calls, my Epic Touch is on route!

I've been a Sprint customer since 11/2/99 with two lines. My first route to upgrading was saying that I was unhappy with my current device and I understand I'm outside of the 30 day (upgraded the day it came out) window, but being a long time customer, that should stand for something!? Initial rep escalated up, supervisor did nothing but offer $20 off my next bill.

I kept calling every day since 9/6/11 explaining my situation (me being unhappy with the device) and that I wasn't looking for a free phone, but an early upgrade or exchange if possible, but I keep getting no where.

The calls began steering from unhappy with the device to unhappy with the customer service and because of it, I threaten to leave if this wasn't resolved.

Yesterday, I called and spoke to an initial rep. I told her to review the account notes as it would be pretty lengthy for me to bring her up to date on the situation. She transferred the call to her supervisor who then said he reviewed the account notes and said he wouldn't be able to assist, but offered for me to speak with his manager as he didn't want to see me leave.

When the manager got on the phone, he obviously didn't review the account notes, he just wanted to know what I wanted. After ten minutes of explaining the entire story, he offered to waive my termination fees for both lines. I explained that I didn't want to leave since I've been with Sprint for so long, and it would make since to just upgrade my device versus credited two etfs.

He agreed and ok'd my NEW EPIC TOUCH to be shipped next day FOR FREE! I repeat, FOR FREE!^%@#^!

After two weeks of constant calling and frustration, I eventually got a hold of someone who was able to make the decision to give me what I wanted. If it worked for me, surely it can and will work for someone else.

Can wait to get this beast; giving the 3D to my gf.

I'm stoked!
[HTC EVO 3D] Mrdiaz09:
^ Lol I tried this and it didn't work for me. What did you tell them you didn't like about it?
[HTC EVO 3D] Richkid:
Yes - told them that I was unhappy with the device, but do note that's not what got me what I wanted. It was me threatening to leave after being with them for so long that got me somewhere. I can't tell you how much money I've spent with them over the years - from a business stand point, would you rather lose a long standing customer and credit $700 worth of etfs or make them happy and continue to make money off of them? At the end of the day, I lucked out with getting someone on the phone (a manager mind you) who was able to make a decision without having to answer to anyone else.
[HTC EVO 3D] androidRIOT:
Was told I had to go through an arbitrator in order to cancel without an ETF. Was also told they would suspend my account so I don't have to pay charges and **** while it is going on.

So where do I go from here? This is complete bullcrap that they don't have to follow their own T&C. The managers claim was 'well the last change we made that allowed people out of their contracts was 2 years ago and the legal department hasn't told us anything'.
[HTC EVO 3D] plmiller0905:
This is an update to my status:

I called in September 1 and September 5...I had a total of 3 lines cancelled and etf's waived.

Since my bill came out today, I called into sprint to confirm that my etf's got waived and they sure did. The Rep confirmed they were waived and it was displayed on my bill.
[HTC EVO 3D] thorpe24:
there are putting me in contact with legal

like transferring me
[HTC EVO 3D] NYCguy2020:
Another option is to use the VRZN PRL hack and roam like crazy untill they cancel you.That's how i got out of my contract ETF-free:D
[HTC EVO 3D] thos25:
I have heard that some have been charged an etf for doing this. I take it that you were not....?
[HTC EVO 3D] darkflame:
Ok just woke up and decided to call up sprint one last time. Well another 45 minute circus dance and finally got them to transfer me to legal. Argued with legal for 20 minutes and they basically said the same thing. F-U! Told them my g/f works for an attorneys office (she really does) and they said they would leave it my hands to proceed with legal action. I told them to send me to retentions so I can pay my ETF under protest. They happily transferred me.

So I spoke to retentions and she asked why I wanted to cancel. Told her the same spiel, we spoke for about 5 minutes with her apologizing and she asked me is there any reason why you want to cancel sprint service aside from the 50cent increase and arbitration, am I not happy with my sprint service etc.

I told her I have four lines, 2 of which are dormant cause the kids have been grounded from using them and my bill keeps going up up up. It makes no sense to pay for sprint when boost is offering better service and undercutting sprint altogether.

I told her for 50$ a month I could get boost mobile, i'm paying 217$ a month for cell phone charges when I could be paying 100$ a month. I added two lines to my account which I know I am responsible for but I honestly thought this ToS was my easy ticket out.

She pulled up my account and said in the last 5 months you used 52 minutes to call land lines. If I could offer you a plan that was similar to what you could do with boost would you accept it if I wave your ETF's on the lines you are not using?

I said what can you offer?

She said they have a plan that was no longer offered, a sero plan. She said she would put me and my g/f on a sero plan for 50$/month per line. It includes 500 any time minutes, unlimited mobile, unlimited text and unlimited data and sprint services like gps etc. If I use a 4G device it's 50$ a month, if I use a non 4G device it's 40$ a month.

Or if I am willing to give up smart devices altogether I can drop to a 30$ a month but I can not activate a 4G device on this account. She said with the 40$ plan I had the option of using either or and that it was the best plan she could offer me that was comparable to what boost offered. I said ok that's fine. She said she would leave my contract dates untouched so I could still qualify for upgrades in December and April of next year.

I'm kinda pleased at how it turned out. Especially when I have 6 years with sprint so far. I didn't want to drop them honestly but the bill was getting out of control. Jesus man I think the stress of dealing with sprint is worse then the discounts they offer sometimes.
[HTC EVO 3D] thos25:
Very nice bro. I wish I was on that sero plan. I'm lucky to get a 26% discount through my employer, but that's still a better deal. Mine comes up to like $51, but I got to add that $10 smartphone fee still so it is like $61 plus tax. You got a deal. and they waived the two etf for your dormant lines. I'm impressed.
[HTC EVO 3D] NYCguy2020:
Yep,I wasn't charged ETF.They can't charge you an ETF if they are the one terminating the contract.They even bought my orig EVO for $150 thru their buyback program.
[HTC EVO 3D] JTNiggle:
Just wondering how anyone else is doing with this right now?

I started out just wanting to get rid of one extra line, but they have pissed me off to no end. So I'm going to cancel all 5 lines now, it's f'd up how they're handling this and I don't want to give my money to this company anymore. I know they are the cheapest, but if they're gonna pull this kind of BS, then forget it. I have spoken with every level rep that I can get on the phone, and they have all pretty much claimed the same thing. That this isn't a material change. At the end, I told them that they are lying to their customers, and that I would be filing complaints and would send copies of those complaints to Sprint corporate. I will try and get back to them in a few days to work it out amicably, but if that doesn't work, I'll just port out and file complaints against them for the ETF when they charge it. I have no problem retaining a lawyer to get this done now, they should not be lying to their customers, they are breaking the law, and they will be paying for it.
[HTC EVO 3D] thos25:
Good luck. I was lucky enough to get in before they started being so toughI would like to know what an attorney says if you do retain one.
[HTC EVO 3D] JTNiggle:
I let everybody know if it goes that far.

I may have another out to try before it gets there though. I'd rather not deal with all that. I have gotten letters about excessive roaming several times for different lines, so they may let me out based on that, or being tired of dealing with me, we'll see.
[HTC EVO 3D] spx_trader:
Its now been over 30 days since i got the contracts zeroed out and my latest bill just came and it still says the contract is completed so they are keeping me month to month.
[HTC EVO 3D] Rob the plumber:
Say your contract was terminated for excessive roaming, do you get clipped instantly? Do you get an "at the end of your current Billing cycle your contract will be terminated...."?

Basically can you port your number?

Supercharged yj
[HTC EVO 3D] krayziejoe:
Why did I wait to call Sprint...I should have done it when this was first announced.
[HTC EVO 3D] :
hahahahahhahahahahaha
[HTC EVO 3D] JTNiggle:
I think it depends how you handle it. I actually just got my contract released so

I could port out yesterday. But I had gotten multiple roaming letters on 4 of my lines over the past year. It took all that and me pleading with retentions to let me port out w/o an etf. They finally did, so I'm probably gonna wait to hear about the HTC Vigor or Nexus Prime release date and head to Verizon.
[HTC EVO 3D] El Ducky:
So I just call them and say I want to cancel my contract?
[HTC EVO 3D] thos25:
So.....have you read any of the 37 pages on this thread? You SHOULD be able to call in and say you want to cancel because of increase in fees, BUT at this point you probably will not be that lucky. Read through the thread to find out why and ways to try to resolve the issue with sprint.
[HTC EVO 3D] vipfreak:
Should read... Sprint sucks but, on the bright side I'm not taking it up the a$$ every month as AT&T people.
[HTC EVO 3D] Saleenfiend:
So, today, is a glorious day. 10 years with Sprint and I'm nervous as hell to port my number out.

Sprint has given me a confirmation # that if I port out my lines then my contract will be closed on all 3 lines with no ETF.

It took a very long chat communication to fail with no callback.

It took a very heated argument with Account Service Rep that refused to help me, transfer me, and everything else.

It then took a Better Business Bureau complaint # and 3 three more heated phones calls till I was put on the line with a lady in charge "Denise"

I was told that the material change to the Arbitration agreement is not why she is doing it, but because service in my area recently. They claim the changes never took place on the contract and literally refused to look at the evidence. They also claimed I had ulterior motives (which I did). I held my ground like a pro and sprouted all the info provided by this thread.

Thank You for saving me $500+ dollars on ETFs, letting me keep two brand new EVO 4Gs and an EVO 3D.

Stick to your guns and don't give up. Always get their name, badge id#, location, supervisor's name, and let them know that you will be calling alllllllll day until this is resolved.

I'm as happy as a goat. Now I guess I need to decide which carrier I'm headed for!
[HTC EVO 3D] CAxVIPER:
Didn't work for me. I tried 3 times, got to the supervisor and was given the excuse that in your contract they have the right to raise it and you can't do **** as long as it is under 1.99.
[HTC EVO 3D] notasimpleway:
I called and they said the same thing. However, that is BS. It says nothing in Terms&Conditions about a certain $ about. Just that if they change the admin fee you can get out with not ETF. I am calling back.
[HTC EVO 3D] akiradavis:
Anyone else having issues cancelling their contract without an ETF?
[HTC EVO 3D] spalding1028:
i hope you're joking. that's long gone. if you didn't take advantage of it in like the first week that this came out, you're just about SOL.