Verizon Update
I have previously discussed my trial and travails with trying to get out of my Verizon contract without an early termination fee. Here is an update.
I received a call from Rob who is apparently some sort of manager at Verizon. He seemed like a nice guy who honestly wanted to help (unlike those call center people who just sounded like they wanted to get me off the phone). Rob was clear to point out the paragraph in the contract that states Verizon is not responsible for a rise in taxes and government charges. I was quick to point that the charge that recently went up (FUSC charge) is listed in the paragraph “Charges and Fees We Set”. So much for that argument. He asked for time to review that paragraph and call me back. Apparently I know the customer agreement better than the managers at Verizon.
Rob called me back and told me that he consulted with the legal department, and according to them, since they are offering me a $10 credit to compensate for my “material adverse effect”, this negates the effect and therefore, cannot allow me to cancel without an early termination fee (ETF). This is how the conversation went.
Rob: Since we offered you the credit, we are negating any material adverse effect, and you cannot cancel without an ETF.
Me: Aren’t you proving my point? By offering me a credit to negate an effect, than you are admitting that the effect took place.
Rob: Yes. The effect definitely happened.
Ely: Okay, so I choose not to accept the credit. So now, I have a material adverse effect, and would like to exercise my right to cancel without an ETF.
Rob: I’m sorry, but my legal department told me that the credit is good enough to negate the effect.
Ely: Rob, let’s say I have a contract with the bank to pay off my mortgage. And in that contract, if I don’t pay on time every month, they could take away my house. Then, one month, I’m late. If I go back and offer them the money I owed plus some more to cover the interest they would have made on my money, does the bank still have a right to take my house?
Rob: Mr. Rosenstock, this is what legal told me.
Ely: Yes! Because once I’m late, the contract gives the bank the option of taking my house. I can’t change the rules of the contract after we already signed. That’s what Verizon is trying to do here Rob. You know I’m right. I understand your position. Verizon is trying to keep customers. But I’m not an idiot. I read what I sign. I’m following your customer agreement. What can I do here? Who can I talk to?
Rob: <long silence>
After trying to convince me to write a letter to Executive Appeals (probably the paper shredding department at Verizon), Rob told me he has someone else he wants me to talk to but he’s not in today. So I’ve got Rob’s number and am expecting a call from the head of North American Call Centers on Tuesday. I’ll keep you posted. Do you believe this!!??
Go you! Have I ever told you my Best Buy story? It’s really long and I’m a bad story teller but the moral is to be persistent and eventually the corporation will eat it. (Unfortunately there’s no exact definition of eventually.)
But it couldn’t hurt to mention you have a blog and it’s probably in their best interest to end this soon before more people learn to read their contracts and how to look for new ways out of contracts (or they end up with a class action lawsuit seeking to clarify whether an offer of a credit can legally negate the term of a signed contract- which according to your lawyer friend IT CAN’T).
ps- If you have automatic bill pay you should turn it off because if you get a bill meanwhile and they have applied the $10 credit to your bill, your payment can signify your acceptance of their offer to resolve this by issuing the credit. If the credit is on your bill you need to pay the bill with a check, pay $10 extra, and make a note on the stub you mail in and on the check that the extra $10 is your rejection of their credit offer (and keep copies).
Thanks for the tip Kate. We never set auto-pay on anything so we’re good on that front.
Hi Ely
I’m going through the same situation as you right now. I have talked to many people at the company about canceling and they keep on refusing to let me out w/o an ETF.
I found a bunch of email addresses for the higher ups at consumerist.com. Email them and they will work to resolve the situation.
I’ve found that persistence and politeness are the key to getting the reps to work with you.
I got lucky that there’s poor reception in my area. After many calls and “it’s not an adverse effect because you refused your credit” they finally disconnected me when they realized I lived in a poor reception area.
By the way, don’t tell this story, they don’t react well to it: “if a thief steals $10 from my pocket, he’s a criminal. if he gives me back the money when I call the cops, he’s still a criminal”
Ely,
I am having no luck. They say I agreed to to pay a fee that varies. Therefore this fee is not one I can object too. Then another rep stood firm and said that legal has determined it’s not material adverse affect and I cannot object. I got defensive, but that just made it worse. Any suggestions?