Crastinate

3 calls later and I think it worked. I think it is a matter of jsut getting the right rep. First call the shuttled my to sup who had to have her supervisor call me after the weekend. I wasn’t going to settle there. Called back. 2nd time I got disconnected. 3rd time the primary service rep consulted with his sup and was able to do it.

Only catch, I am getting a bit greedy and want to portal my number, so he said he will be checking on my account daily to see if the ETF was applied so that he can then credit it. I am fully expecting to have to go through this again, but at least I have a direct number for him and an email from Verizon saying “We will be crediting early termination fees on both mobile telephone numbers on account when service is ported out”

That gives me something. . .

they will try hard to get you to take the credit offered to negate the FUSC and admin charge increases, but tell them that noplace in the contract does it say that a credit can negate an adverse charge. Once they raise a fee, they have breached the contract, no ifs ands or buts.

Try using the analogy of having someone swipe $20 from your pocket and then offer to give it back to you. . . .has there been a material adverse effect from that? I say YES regardless of whether you end up with the $20 again.

Keep trying, be prepared for them to dispute, stay calm and confident, and follow Ely’s great instructions.

Good luck! Will update with the final outcome!

@rafael
I GOT THE SAME THING! How do i get around it!?

i have been on the phone for about 2 hours today on and off, first call i thought was going great, they admitted that this was their choice to bump up FCSU, told me only a supervisor could credit ETF’s. Supervisor stumbled around, but then i had to hang up while i was on hold due to work….

called back and got a Jackie supervisor, she said : “You agree to pay all access, usage and other charges and fees we bill you or that the user of your wireless phone accepted, even if you weren’t the user of your wireless phone and didn’t authorize its use. These include Federal Universal Service, Regulatory and Administrative Charges, and may also include other charges related to our governmental costs. We set these charges. They aren’t taxes, aren’t required by law, are kept by us in whole or in part, and the amounts and what’s included are subject to change.”

which caused me to stumble…

WHAT DO I SAY TO THAT!???!

@TB

I just terminated 2 cell phone lines in a matter of 15 minutes utilizing this portion of text form my last statement:

Notice of Administrative Charge Increase:

Beginning July 1, 2009 the monthly Verizon Wireless Administrative charge for voice and email plans will increase from $0.85 to $0.92 per line. For Mobile Broadband plans, the charge will remain at $.06. For information regarding this charge, call 1-888-684-1888. Please consult Customer Agreement for information about rate changes.

Spent 40 minutes on the phone. Would not waive charges due to them offering a credit as they said that negates the adverse effect. Though, nowhere in their customer agreement does it state that this is grounds for not honoring their contract, that’s what they offered and directed me to their legal department if I had any further questions.

Will try again.

Spent another 26 minutes on the phone. Their statement was, “since we are giving you the credit, this should not adversly effect you anymore.” They stuck to that and would not budge. Any sugguestions?

UPDATE:
Got a bill from Verizon with the ETF on there, despite being told they would be credited and getting an email saying i would not have to pay it. Called them back and they have a record of the email. Am being told that the credit will appear on my account within 72 hours. .. .

we will see.

As for their argument that a credit negates an adverse effect, this is absolute BS from a legal standpoint. If somebody robs your house, only to come back later and give you your stuff back, there has still been an adverse effect.

The moment that your fees are raised, they have breached the contract on their end, and there has been an adverse effect on you. End of sentence, no questions asked. Credit card companies have lost huge class action lawsuits for similar things, so stick by your guns and do not let them try to convince you otherwise.

Update to follow when I find out if i get credited back my ETF. . . .

Success! $290 credited to my account. Bye bye Verizon. Thanks for increasing my fees. . . .

I just saw this today – Do you think I missed the 60 days?? I think today would be it?

I thought I would jump in here and share my experience.

I successfully cancelled my existing Verizon service today (9/1) using the arguments outlined in the video. I based my claim on the July 1, 2009 FUSC change that was sent out in my bill dated July 7. According to the customer agreement, notices are considered sent when they are emailed to your address, or 3 days after mailing. Since I received the email on July 11, 2009, I felt certain that my claim would be made within the 60 day window.

I spoke with a friend who is a customer service supervisor for a large company (not Verizon). He told me at least 5 times to really try to make it EASY for the reps to help you. He told me, if a customer gets too forceful or legal, he just sends them to legal – they are out of his hair. He said if the customers are really nice, then he has an easier time trying to help them. Just a thought.

In case this matters, I called at 8:00am today. The process took about 55 minutes, but was successfully completed at that time. I received two confirmation emails from the supervisor. I just kept very nicely, and very patiently repeating the points to the rep. I played dumb (”gosh, I am a little slow today, but doesn’t that mean you guys set those prices?”). The rep did throw out a new objection: the formula/calculation of the FUSC didn’t change, so therefore they did not have to honor the “price change guarantee”. I countered with: “Sorry, it is early for me, but would you mind showing me in the agreement where it states that the calculation, and not the prices, are protected from increases?” Couldn’t do it, because it isn’t there.

The rep did find a supervisor eventually, and she tried to redirect by opening with: “I hear you have a question about taxes”. I think this is where staying on point is key. I countered: “No ma’am, I have an question about the FUSC, which is one of the prices you control”. She did ask for the “real reason” for my departure after 6 years. I just stated that I had given her the reason, and that I did not have anything to add. Lots of silence here. I did not speak first. Her next words were, well, we’re waiving the fee effective immediately.

Hope this helps. Good luck!

Oh, and here’s my two cents on the “credit negates material effect objection” (although, I did not have to use this personally):

Would you mind showing me in the agreement where you are entitled to offer reparations that I am then obligated to accept?

Used the change mentioned by Eric, on hold now as the Rep is cancelling my account! Good bye $200 a month!

It didn’t work for me. I was well armed and confident but the supv got me. I was also caught by the “explanation of charges” on the bill. “These charges, and what’s included, are subject to change from time to time.” –any help on this one??
oh and be forewarned: the original CSR that I spoke to said how they “just got an email on this from their supervisor” and this was his ‘first call’ on this. looks like the company saw this video too!

I never got any notice about the july 1st thing. I have been havng alot of problems getting service around my area and keep dropping calls is thre anyway I can use that against them??

@Aimee
I would have said,

Yes, I agree that these charges are subject to change from time to time. However, will you agree that, under “Our Rights to Make Changes”, I have the right to end my service without an early termination fee if these changes have material adverse effects on me? I am only trying to exercise my right to end my service without an early termination fee since these price changes have a material adverse effect on me.

i really would like to cancel, but it seems that the date to do this was september 1st. are there any more recent changes that i could use to cancel my account? also i have a family plan, so will this work to cancel all 4 of the lines? if you have any more recent price changes that i could use, or hear of any can you please email me at bungalowbill_18@yahoo.com?

any help is great. thanks.

I would I like to cancel as well. Would these arguments still be valid after Sep. 1st? Please let me know.

I would I like to cancel the Verizon contract..I saw your video.. its really good.. Would these arguments still be valid after 15th September? Please let me know, if it is possible now.. Thanks for your wonderful suggestions..

hey guys so im in canada, and i use rogers, verizons equivalent.
they have recently just cancelled my contract due to the fact it was taking me soo long to pay off 2000 dollar bill.
but since they have cancelled my account, am i still liable to pay back the remaining ballance?

verizon just raised the Verizon Wireless’ and Other Charges by $.04. does that mean i can get out of it because of that?

@John
how did you find this out?

I just called verizon i spoke about the increased changes to FUSC and the Administrative charge. The lady I spoke to told me she can cancel my service due to changes within these fees. i would like to know what to do she said she credited my account for the difference for the admin. fee. I said these fees have material adverse effect on me, so she said with the credit it is as if it never was there. I would like to know what to do? Im really unhappy with my storm and verizon in general.

Hey I have a problem: the FSC went down 7 cents, and I called Verizon twice and on the second call this person said she put a note on my account that I couldn’t cancel anymore without an etf. I got stuck on both calls at the point when they were arguing about the change, and how the material adverse affect was nonexistent. PLEASE HELP!

I obviously missed the 60 day time perdiod. Is there any hope for me to get out of my contract without fees at this point?

“AN EARLY TERMINATION FEE WILL APPLY IF YOU CHOOSE TO END YOUR SERVICE BEFORE BECOMING A MONTH–TO–MONTH CUSTOMER, OR IF WE TERMINATE IT EARLY FOR GOOD CAUSE. THE EARLY TERMINATION FEE IS $175, WHICH WILL BE REDUCED BY $5 FOR EACH FULL MONTH TOWARD YOUR MINIMUM TERM THAT YOU COMPLETE.”
First off, what is termination for a good cause? Secondly, what do they mean the ETF will be reduced $5 for every full month you complete toward your minimum term? E.G. My term ends in January, I signed a two year contract. So does this mean I would only have to pay $65 instead of $175?

Verizon is telling me that I have to pay $200 (not $175) per phone instead of per statement and I have 5 phones on this contract! That is not what I’m reading on the contract is that right?

I just called verizon and tried out this tactic, so far it’s looking pretty bleak. After being passed up the ladder through two supervisors, I’m waiting on a callback from a the next supervisor. (Seriously, what percentage of customer service operators are supervisors?). Anyway I’ve gone through all the arguments listed above and Verizon’s answers have all been as suggested. The last supervisor I spoke to told me that it is company policy to offer a credit to negate the effect (I of course mentioned that she had just conceded that there was an adverse effect) but she in can’t wave the ETF. She says the next supervisor will tell me the same thing.

how do i know when they change something? Help please.

Sounds like fun guys. Quite frankly, I don’t think its worth more than an hour or two of my time. I’d rather just pay the fee and use the hour to masturbate

ugh!!!!! 2 hours on the phone arguing a price change while supervisor argues it’s not a price change. In october rates were decreased 2.75% to 2.56% but because of usage overage my FUSC amount went up. So don’t go over my minutes, texts and the FUSC won’t go up! Asked her to point that out on my contract but she couldn’t, wouldn’t and stuck to percentage decrease isn’t a negative adverse effect. I’ll try again on Monday. Lessons Learned??? – Hang up if supervisor Amy is on the other end!

Hi Ely, i have had nothing but inconsistant ludicrous phone bills from Verizon since their take over of Altell. I have to call every month complaining about charges and taxes etc. I really want to get out of my contract that I had originally with Altell not Verizon. Do you think this will make a difference in canceling with Verizon? Also on Fox news they reported that pressing an incorrect button on your Cell that will lead you to a site you don’t subscribe to with Verizon will cause a charge like $.99. Well maybe that’s a small fee for some but with 8 million customers it’s a nice chunk for Verizon. I also think the Surcharges should be an illegal fee when it’s so obvious that we are in fact paying their taxes regardless of their contradictory statement on the Monthly Service Bill. Thanks for listening, hope I get a reply on your thoughts.

I got went through two reps and administrators who were NOT helpful. The FUSC has gone up from 1.79 to 8.31 on my last bill. This is “because I have overages that made my bill high”. I do have alot of overage and whether or not this is the only reason it went up I don’t know. But I tried to argue that the CHARGE went up 464% regardless of the percentage staying the same. And there is nowhere in the contract agreement that says I can’t cancel if my CHARGE is increased as a result a percentage. All it says is something changed which the CHARGE did – and that I can cancel. It states nothing about the percentage. I feel like this should work. A higher supervisor will be calling me back tommorow. The CS supervisors were not helpful and one was just plain rude and literally kept saying I “agreed to pay the charges even if they change” ignoring my persistant references to “UNLESS I SAY THEY HAVE AN ADVERSE EFFECT THEN I HAVE A RIGHT TO CANCEL”. They wanted to know the “real” reason I was canceling. Does anyone else have an opinion of canceling if you are charged more fore the FUSC even if the rate hasn’t gone up?

@M&M
I’m in a similar situation..Did this work for you?

Ummmm……………….so on My Verizon where I look at my bill there is a link that says “Need To Know Information”. As of January 1st 2010 the FUSC went up 2.3%. I have called twice and spoken to two Sup’s. The first one was stuck on arguing with me about how FUSC was a tax….she is obviously below the intelligence level of a tortise. The second Sup i talked to was Kanetra…. she said ” I agreed to the FUSC’s ability to change”, I told her “yes, i did agree to the possibility of it changing, however when it did change due to the clause above where it says “We may change PRICES” that it did not specify what prices were included or excluded so she could not tell me what that was. Also at the end of the agreement it says that the Customer Agreement is your agreement with VZW and not to listen to CSR’s or In store reps as the agreement is written out fully. So, she has requested me to contact the Legal dept with arbitration. Its bull. UGH!!! So, if anyone has any help it would be appreciated. daniel.n at msn.com

Soo i now have spoken with 3 supervisors. I am awaiting a call back from one Manager, and a call back from one of the supervisors after he speaks with his manager. He said in his “materials” that they do not waive the ETF for FUSC rate changes. I have also tried to argue that I have not recieved notice of this change. They keep giving me the “The FCC charges us for that and we have no control over those”. I am going to escalate, escalate, escalate.

Refer the next supervisor to this paragraph from the Customer Agreement, which states clearly that Verizon sets the FUSC:

What Charges Are Set by Verizon Wireless?

You agree to pay all access, usage and other charges that you or the user of your wireless device incurred. Our charges include Federal Universal Service, Regulatory and Administrative Charges, and we may also include other charges related to our governmental costs. We set these charges; they aren’t taxes, they aren’t required by law, they are kept by us in whole or in part, and the amounts and what they pay for may change.

@Murph

I have referenced that paragraph before. I have been given multiple different excuses. Some say that in that same clause it states clearly that “the amounts and what they pay for may change.” So i respond by telling them that yes, they may change, however IF they do I have 60 days to cancel penalty-free. So far I have been expecting a call back from 3 Managers and have not gotten one. I will be visiting a corporate store tomorrow (the one in which the manager told his minion to have me speak with the legal dept but could not provide me a number….come to find out I am not “permitted” to speak with them.) and raising hell.

Has this worked for anyone recently? I am in desperate need of getting out of my contract. They put me on a quad plan and failed to mention that I would not be aboe to continue to call my home phone… also through verizon… without using my minutes. I tried arguing my point with them but htey wouldn’t budge. They never sent me any written confimation of this change. I want to try this approach but want to know if it will even work.

Yes, I tried this recently and they would not cancel, gave me some address to write to. I didn’t press any further, may try later, the FUSC change just occured in January, so if I feel better before the 60 days are up, I may try again. It’s so obvious the CR’s and supposedly supervisors don’t know what they are doing, but that what they get paid for to keep the money rolling in.

I am also trying to get out of my contract and awaiting a phone call back from a mediator. I was also repeatedly denied my agreement right and told the supervisor I wanted to exercise my right to go through a mediator that the company pays for. Read tem 4 and item 5 under How Do I Disputes with Verizon Wireless. Hope this helps and good luck to all.

I am really trying to get out of my contract. I am so tired of dealing with verizon. THEY ARE HORRIBLE!!! This didnt work for me. I spent 3 hours on the phone and nothing. They dont even want to think about helping me. Does anyone have any suggestions? I am waiting on a call back from a supervisor. I have spoken to 3 supervisors today. They have notated my account so much when I call and say anything they tell me that I have been told by several different reps and they are going to tell me the same thing. So I need to just realized if i want out of the contract they will let me out but I need to accept i am going to have to pay the cancellation fee. Does anyone have any other suggestions? I was told that everytime an average person calls customer service for an average call that it costs verizon $13.00. Its personal at this point I will call everyday during all of my free time to make them pay for my aggervation!