[HTC Flyer, EVO View 4G] xadonxander:
its much easier to mention the arbitration agreement change

This worked for me...

I had to call about 20 times to get them to comply with the terms. the last time I called, the call was escalated to the management team almost immediately. I talked to the man very calmly and explained the situation with him. I told him that sprint had changed the terms of my contract several times, I had the original contract in which I signed dated 9/21/2010 and I was not going to accept the new terms with their material changes. He said that sprints attorneys had already looked at the changes to the "surcharges" paragraph and they were not an adverse material change due to the fact that sprint is just imposing limits which it had none before. So I went on to explain the adverse change to the arbitration agreement which impeded my ability to pursue any wrong doing and showed sprint favoritism. I told him of all the complaints I had been researching about JAMS arbitration showing the business favoritism. He asked me to hold a minute and came right back asking if I had considered the buy back program. I told him absolutely not I was not going to loose $250 on a phone less than a year old which they would only give $95 for and expect me to pay $110 for an ETF. He said unfortunately there is nothing I can do. I replied, I am following all the terms of the contract, I stated the Provisions for breaking the contract with no ETF (material change) and again told him this new arbitration agreement which I would be using to pursue the change to the "surcharge" paragraph adversely affects me. He asked me to hold he would transfer my call to the head of his call center because his hands were tied. About 20 minutes later he came back on the line and told me he had talked to the head of the call center and he was willing to mark my contract fulfilled as of last month and set my account to cancel at the end of the billing cycle so I could port my number if I wanted. I told him that was awesome and I appreciated them abiding by our contract even though it took multiple calls to get it completed.

1. Take notes. write down the names and employee ID of all the people you talk to.

2. Make sure you tell them you want to cancel due to the material change to the terms and conditions.

3. If you get a person that seems like they are put out by having to be at work right now tell them something came up and you will have to call back later and thank them for their time. then call right back and get someone who is having a better day.

4. Tell them you do not like the fees but the change to the arbitration agreement is the material change that you do not agree with, it is because they are impeding your ability to resolve any disputes with sprint due to the changes to the arbitration agreement so it adversely affects you.

5. Do not let the persuade you into the buyback program unless you know what the conditions are and you don't mind loosing all the money you paid for your phone upfront, you will still have to pay the ETF and they don't pay much for phones ($95 max for the Epic). You could sell your phone on craigslist for more than they offer and possibly enough to cover the ETF.

6. Always remain calm and collected speak slowly and plainly, be courteous mind you manners. Talk to the employee for a minute ask where he is located and how his day is going. Make sure you are improving their mood sympathize with them. Tell them you understand they have been told what to say and they have to follow orders but someone must be able to complete this and abide by the terms and conditions. Talk to them like their on your side (reverse psychology). If I can make them laugh over something I usually have their support when the call is escalated to the next department. It definitely makes a difference if the previous employee leaves a good comment and they side with you on the account and doesn't say you are an ahole.

7. Do not let them persuade you into the buyback program unless you know what the conditions are and you don't mind loosing all the money you paid for your phone upfront, you will still have to pay the ETF and they don't pay much for phones ($95 max for the Epic). You could sell your phone on craigslist for more than they offer and possibly enough to cover the ETF.

8. If the employee does not agree the arbitration change is a material change. mention "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.”

9. They may offer a discount of .50 each month to offset the surcharge or $10 a month for 3 months to continue service. If you take these offers your contract will still be in full effect and you will be stuck with the new terms.

10. Get a CONFIRMATION NUMBER and keep it safe. Do not loose it just in case the employee lied which has been known to happen from time to time. check your account online and click "see my contract details" it should show almost immediately the contract is complete. press print screen and save the image at least until your final bill has arrived and is correct. I have been burned by companies which lied in the past because it does not matter what they tell you on the phone its what is in writing that counts. If they lie and you have no proof 30 days after the change you are stuck in your contract.

With a bit of luck they should let you out of the contract depending on the representative. They have no legal grounds to make you stay. If they refuse try again be persistent. I overheard the employees talking in the back ground at one point about how many times I had called over this issue. one of them even said "he is one persistent a**hole". Do not give up, if you don't find yourself making headway after 25 calls file a complaint with the BBB, FTC, FCC, your state attorney general, local chamber of commerce and your state public utility commission.

Good Luck,

Brandon