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FCC To Hold Hearings On Early Termination Fees

Isaac-Lew sends word of an article in the Washington Post reporting that on June 12 the FCC will hold a hearing regarding cellphone early termination fees. The Commission may look at early termination fees for TV and Internet service as well. The wireless carriers are taking a Bre'r Rabbit approach toward possible FCC regulation of early termination fees — the FCC's intervention would pre-empt a number of class-action lawsuits going forward against Verizon, Sprint, and others. These suits, stemming from state regulations, could cost the carriers billions. "...the carriers have renewed a lobbying effort in recent weeks to persuade the FCC on a legal definition that would stave off the state lawsuits on cancellation fees. On May 6, 2008, Verizon Wireless chief executive Lowell McAdam and the company's chief lobbyist, Tom Tauke, met with [FCC Chairman] Martin, urging him to adopt a federal policy, according to FCC records."

40 of 184 comments (clear)

  1. The FCC was unable to be reached for an opinion... by Slashdot+Suxxors · · Score: 5, Funny

    because they left early and everyone had to pay 200 dollars.

  2. Market Forces At Work by milsoRgen · · Score: 5, Interesting

    Early termination fee's are ridiculous, I can understand an earlier time when the costs of building the cellular network were to be thought of. Now it would seem they like their little cash cow, must help them subsidize the latest shitty phone. It's a shame it's taken this many years for it to finally get some government attention.

    --
    I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
    1. Re:Market Forces At Work by Robert1 · · Score: 5, Interesting

      I'm not sure what you're getting at. In Europe when you want a new phone you have to shell out several hundred dollars, there are no free phones or discounts. The phone companies here give them away for free*.

      *Of course the price of the phone is rolled up into the price of the service you get - that's why new phones need a 2 year service plan because after 2 years you will have paid off the cost of phone. It is also why when you renew your contract you get a new phone, since you have paid off the old one and are making payments on the new one.

      If there were no cancelation fees then the company would have no way to make up its initial gift of a several hundred dollar phone to you if you decided to stop paying the monthly fee for it.

      If the FCC strikes down cancelation fees then the price of phones will suddenly increase several hundred bucks. This isn't necessarily a good thing for the market since almost everyone I know tends to go for the free phone or the 50 dollar phone when getting a new plan - no one is willing to spend several hundred dollars. At least, not in a lump sum up front.

    2. Re:Market Forces At Work by Anonymous Coward · · Score: 5, Interesting

      If the FCC strikes down cancellation fees then the price of phones will suddenly increase several hundred bucks. This isn't necessarily a good thing for the market since almost everyone I know tends to go for the free phone or the 50 dollar phone when getting a new plan - no one is willing to spend several hundred dollars. At least, not in a lump sum up front. What I would like to see is:

      A) The "free" phone would be require the contract and have it clearly stated (not buried in the contract) that this will include both an increased monthly cost and a early termination fee. The termination fee should be the amount you haven't paid off yet. Ie, keep it for year and a half and cancel, you only have to pay the remaining balance.

      B) The option to buy a phone upfront in full, and have a monthly discount (compared to the "free" phone cost). As it is with most companies you can't do this. Even if you spend hundreds on a phone, you have to fight with them to get service without a multi year contract if you're able to get service at all. Even then you pay the same monthly cost as the person with the "free" phone.

      I'd like to have the choice. Personally, I'd take B. What I have now is a "free" phone, but I read through the contract you have the choice to not renew it after the 2 year term. I took that option, though it took a lot of arguing with them over it. I still pay the same amount even though it's a three year old phone, but at least I can cancel it whenever I want.
    3. Re:Market Forces At Work by JohnWhitney · · Score: 4, Interesting

      When I was using Sprint as my carrier, and asked them to change my phone number be local to the new location that I had moved to, they told me they wouldn't do it without signing me up to another year-long contract.

      This is not subsidizing the price of anything. It is only used to lock me into their service and line their pockets. Since I was done with the contract I had with them, I decided I'd rather switch to a new carrier than be treated like that. They got MUCH more willing to work with me when I told them I was cancelling... to late for them, though.

    4. Re:Market Forces At Work by Adambomb · · Score: 4, Interesting

      no one is willing to spend several hundred dollars. At least, not in a lump sum up front. Most of the people i know here in canada fit what you describe there.....until they end up in a situation where the phone fails or is lost or stolen. Cellphone theft is the biggest cash cow in terms of the devices market for the providers.

      They'll change their minds if they end up paying for a few months worth of contracted service that they cant use. If they never run into that, well its a moot point and they'll probably continue happily with the contracts. If you know you're going to use the service for the length of the LTC and that you can deal with replacing the phone in the event of the unforseen, AND read your damned contract then there really is no problem with this. The problem there is no one is willing to wade through pages of fine print to check every possible caveat situation (which isn't exactly a fault but neither is it transparent and honest).

      Another thing is that there are a lot of contracts with clauses that i'm fairly sure are illegal (in canada at least, i'm not sure how things would work in the US there) such as disclaiming liability for the actions of their customer service representatives in its entirety (at least it was in certain companies contracts when i was doing cell phone customer service back in 2004-2006). I honestly wonder how many of these "contractual obligations" would actually hold up in court given a good attourney with the balls to bring it to the big boys.

      And to the complaint people have that such actions would increase the price of cellphones. YOU'RE ALREADY PAYING THAT PRICE FOR THE CELLPHONE. It's simply rolled into the costing of the service, and MUCH harder to check the true cost effectiveness of the two (device and service). If providers had to advertise contractless prices primarily and list contractual bonuses seperately, it would make things much more transparent. There is no reason they cannot keep the ETF's out of the contract if they do not provide the device, and if its quite clear in the contractual bonuses that there is a penalty fee if one DOES subsidise a device.

      Also remember that if you activate your own phone on a contracted plan, the ETF is still the same regardless of whether they provided you with a phone or not (ie if you take a contracted 'special offer' and upgrade your plan with the phone you already have). Granted people can just get a new one with the new contract to not have the liability for no reason, but that seems rather wasteful if the previous device does everything the client wants already.

      People always say that you should read your contracts, but to be quite honest the majority of contractual ETF cases i ran into were situations where the customer did not even know they had a contract. If they accept a plan over the phone, are told it comes with a contract, and the notes on the account state that the user was advised of the fee (whether they were or not) good luck trying to prove it. And good luck trying to subpoena the call recording without a harsh capital investment in either time or money.
      --
      Ice Cream has no bones.
    5. Re:Market Forces At Work by imageboard · · Score: 5, Informative

      In Europe when you want a new phone you have to shell out several hundred dollars, there are no free phones or discounts. This is news to this European who has not paid for a handset for ten years.
    6. Re:Market Forces At Work by guruevi · · Score: 4, Informative

      Well, maybe we'll get market forces at work for cell phone prices. In Europe, you CAN get unlocked phones that cost $25, $50 or $100. The cost of production to store of the iPhone was initially about $250 and should currently have gone down greatly everything else is just markup. However, I still can't get an unlocked phone in the US (even the simplest ones without any fancy stuff like bluetooth or 3G) for less than $150 if I buy it with my carrier. The Blackberries can easily cost more than $500 if you don't want to get locked in. Getting an open source phone that has lower production rate and more components (bluetooth, 3G, touch screen) is cheaper than that.

      I would like a cell phone market where you can go to the mall, go into a cell phone store and order what you want, then go into your preferred carriers store and get what you want. Off course the prices should reflect that, knowing AT&T, Verizon or Sprint, they're just going to maintain the prices for subscriptions and jack up the prices of the cell phones.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    7. Re:Market Forces At Work by Richard_at_work · · Score: 2, Informative

      I'm not sure what you're getting at. In Europe when you want a new phone you have to shell out several hundred dollars, there are no free phones or discounts. The phone companies here give them away for free*. It really gets on my nuts when people do this - the UK is part of Europe, and I can currently walk into *any* high street mobile phone shop (Orange, O2, Link, Carphone Warehouse et al) in the UK and within 10 minutes walk out with a contract and a free or subsidised handset.

      Check out the following Orange UK store handset page - note the text at the bottom which says 'The prices shown here are a guide based on an average plan costing £35 a month. The price of your phone or device may change according to the plan you choose.':

      http://shop.orange.co.uk/shop/show/handsets/pay_monthly/all/all
    8. Re:Market Forces At Work by ciscoguy01 · · Score: 3, Interesting

      I'm not sure what you're getting at. In Europe when you want a new phone you have to shell out several hundred dollars, there are no free phones or discounts. The phone companies here give them away for free*.
      But how does the cost of the service compare between europe and the US?
      I bet it's lots less in europe than it has been here. Or until just recently.

      Here in the US they are essentially charging us monthly for the *free* phone, since no phone is really free.
      The free phones are just a mechanism to keep you signed up for long contracts. The carriers keep a stranglehold on the equipment to keep you having to either pay an outlandish price for a phone with no contract or to sign up for a new contract to get it free or at a pretty small discount.

      I would guess the free phones and other sales expenses, kickbacks, etc. are costing us at least 20% of our monthly bill, and after two years if you didn't get another free phone, they don't lower your bill. They keep the extra money.

      If there were no cancelation fees then the company would have no way to make up its initial gift of a several hundred dollar phone to you if you decided to stop paying the monthly fee for it.

      If the FCC strikes down cancelation fees then the price of phones will suddenly increase several hundred bucks. This isn't necessarily a good thing for the market since almost everyone I know tends to go for the free phone or the 50 dollar phone when getting a new plan - no one is willing to spend several hundred dollars. At least, not in a lump sum up front.
      The best thing to happen is to have the cellular carriers not sell you or give you your phone at all!
      You could then buy it in a bubble package at Walmart.
      Motorola, Samsung, LG, Nokia would have sales reps calling on Walmart, Target and other retailers selling them phones in huge volume to sell us without any bundling, and there would then be significant competition.

      As it is now the cellphone manufacturers have only a few customers, the carriers.

      How much do you really think it costs Motorola to make a free phone at a plant in Mexico? $4-$6 for the really cheap ones that are given out free. Maybe $25 for the really fancy ones.
      As usual the problem can be solved by letting market forces work, getting cellphone manufacturers duking it out to sell you your phone through regular retailers, and having cellphone carriers duking it out to sell you your service. And you can then use whatever phone you want.

      One GOOD thing that has happened in the last year, the IPHONE came out.
      Until then cellphone manufacturers were making phones the *carriers* wanted.
      Now, we are finally getting phones that *we* want.
      But ATT was dragged kicking and screaming to the IPHONE.
      Verizon wouldn't make the deal and give up the control. They lose!
      --
      .
    9. Re:Market Forces At Work by DarkOx · · Score: 2, Interesting

      I agree the terms of the contracts might suck, but the market aparently is willing the to accept them in exchange for the service. A cell phone is not a requirement for basic health/surviaval and I don't think can justifiably be regulated the way watter and power often are.

      No one cellular carrier has a monopoly either I one though they could make more money by offering contract terms the demand side of the market would view more favorable they would leverage the advantage and do it. They don't so the people with the most information at the carriers in market terms don't feel it would be an advantage. In my personal experience I have never felt a cellular carrier tried in any way to mislead me or missrepresent the agreement I was makeing with them. I hear allot of bitching about celluar contract but I hardly ever hear people telling me they were hornswaggled. I don't the government particlarly the FCC(which is supposed to be regulating use of the air waves and this seems to be a matter of contract disputes) has any business here.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    10. Re:Market Forces At Work by Tony+Hoyle · · Score: 5, Insightful

      You could then buy it in a bubble package at Walmart.
      Motorola, Samsung, LG, Nokia would have sales reps calling on Walmart, Target and other retailers selling them phones in huge volume to sell us without any bundling, and there would then be significant competition.


      What, you can't do that in the US? In Europe we can walk into any supermarket and walk out with a contract free phone 5 minutes later. They're not free but they're fairly cheap - competition keeps the prices down.

      One GOOD thing that has happened in the last year, the IPHONE came out.

      Previously, you signed up for a longish contract and you got the phone free.

      With the iphone, sign up for a longish contract and you pay full price for the phone.

      I fail to see why this is a good thing.

    11. Re:Market Forces At Work by maxume · · Score: 2

      There are contract free bubble pack phones in most supermarkets in the US. The per minute fees (~$0.12-0.20) aren't viable for people that use more than about 200 minutes a month though (and both outgoing and incoming count as minutes, etc., etc., etc.)

      --
      Nerd rage is the funniest rage.
    12. Re:Market Forces At Work by Tanktalus · · Score: 4, Insightful

      Apparently you did that wrong. What I've been told is that I should never talk to the service people at a cell phone company. Instead, always ask to be put straight through to their cancellation department. For whatever reason, they're MUCH more willing to negotiate than the regular service folk.

      Personally, I haven't done that. I just can't be bothered. If your front line isn't authorised to make the customer happy, this customer will take his business elsewhere. I don't play games with my business, so if you want to screw me over, well, screw you.

    13. Re:Market Forces At Work by Timothy+Brownawell · · Score: 2, Insightful

      Market forces don't work very well if there is a large disparity is power between the participants (same for the principle of freedom of contract).

    14. Re:Market Forces At Work by Anonymous Coward · · Score: 2, Interesting

      These are not market forces at work. These are the evil carriers at work.

      I paid $550 (including shipping, handling, and taxes) for an unlocked smart phone, for which the local carrier charges $700+taxes without a contract. $499+taxes with a 3-yr contract. I know for a fact that the cost to the manufacturer is around $200.

      It has built-in GPS receiver but can't save map data on the flash card and display the location on that map. Why? because the carrier my case wants to upload maps from their server and charge for data. A screen full of map on the handheld is around 100kB. Every time I move, it downloads a new map. Given the $/MB carriers charge, you do the math.

      Carriers don't allow the phone manufacturers to provide any software that will takes dollar$ away from the carrier. For ex. even if you have WiFi built-in, you may not get VoIP/WiFi software.

      Like many other have mentioned here on slashdot, carriers should be regulated to provide a connection for voice and data at a fixed monthly rate. IMHO they should be banned altogether from selling handhelds.

      Imagine if your cable/satellite provider was selling you "locked" TV receiver.

    15. Re:Market Forces At Work by maxume · · Score: 3, Funny

      Thank you for agreeing with me?

      --
      Nerd rage is the funniest rage.
  3. So the price of phones will just increase, nice. by dada21 · · Score: 2, Interesting

    I always buy my phones third party, generally out of the country. Even with a weak dollar, I prefer to buy my phones in Dubai or Asia - they're usually available in the States in a few months, but I like my cell phone toy. My iMate Ultimate has been awesome and hasn't crashed once, unlike almost every telcom-provided PDA phone.

    Nonetheless, the subsidized cheap/free phones people want make sense. It's like a simple credit extension by the provider: people get free phones every few years, and the provider gets their money back and then some over the life of the contract.

    The FCC has no right to butt into this portion of the market. I'd love to see a "Non-subsidized" contract price, but my company handles all my employees' cell phone accounts, so we already get a nice reduction in our monthly price because we never take their free/cheap cell phone deals. So that option IS there, you just have to negotiate with the right department and not a retail store.

  4. Re:So the price of phones will just increase, nice by poptix_work · · Score: 4, Insightful

    I have never accepted one of their free/reduced priced phones (I prefer to buy online as well, provider selection + disabling of functionality sucks) but you still get forced into a contract. I see no problem with allowing the early termination fees for people that take advantage of free/reduced price phones, you should not be forced into a contract when you bring your own phone though.

    --
    Just because you disagree doesn't make it offtopic or flamebait.
  5. Re:So the price of phones will just increase, nice by mordenkhai · · Score: 3, Interesting

    My only real issue with Cancellation fees are when you AREN'T getting a subsidized phone. I had my Treo for 2.5 years, I changed jobs and suddenly I needed significantly more minutes. I called them up, they had no problems getting me set up with a new more expensive plan, all was well. After 4 months of incorrect billing I called them and they found there was an error in the way my new plan was set up, it was fixed, all was well. Except when they made that change, they restarted my 2 year contract without telling me. So when my 2 years was up and I was moving, I wanted to combine my Cell/TV/ISP/Home phone to get a deal with another company. My current Wireless Provider wanted to charge me $200 per line, as my wife and I each have a cell on this account, to cancel. It should have been over for 2 months, but now they wanted to go by the new date and ruin my plans of consolidation which would have saved me over $100 monthly. Luckily for me I found out on the internet that the company had changed a charge on their bill and this meant they altered the plans and I was allowed to cite this change and cancel the contract w/o paying. I wont ever go back to that carrier. I don't have a major issue with the subsidized phones and the eventual charge if you bail out before your contract has paid up on the phone really, however after that I really cant see any reason other than a cash grab.

  6. read the effin contract by gadabyte · · Score: 5, Insightful

    don't like termination fees? don't sign a contract agreeing to pay them if you leave. duh. it's not like you have some inalienable god-given right to a cell phone. hence the contract.

    i don't think this should apply to dropping service if the cell carrier isn't holding up their end of the bargain (crappy coverage, non-functioning hardware, refusal to address issues, etc) - then, by all means, the customer should have full right to leave without ANY penalty. but if the customer is leaving because they want the sweet phone on the other network, or just because they feel like it...maybe they should have thought of that before signing.

    --
    the united states is a nation of laws; badly written and randomly enforced -- frank zappa
    1. Re:read the effin contract by Anpheus · · Score: 2, Insightful

      Unfortunately the cell phone providers are providing what is by many considered an essential service, it is at least in the business world. This means they are negotiating from a position of power. Furthermore, there really is no negotiation. You never get to determine terms, you merely accept one of a few choices of contract and all that it entails. No negotiation and an unfair position for the two parties make, from what I understand (IANAL,) a weak contractual foundation.

      NYCL out there to correct me?

    2. Re:read the effin contract by JohnWhitney · · Score: 5, Insightful

      Well hell, why don't we apply this to ALL areas of life, instead of just cell phones?

      Gas station chains that only sell gas to if we agree to enter into a contract to only buy gasoline from their stations, and you agree to buy a minimum of 50 gallons a month! Don't like termination fees? Don't sign a contract agreeing to pay them if you leave. It's not like you have some inalienable god-given right to drive a car. Hence the contract.

      I have my own cell phone. I currently use a pay-as-you go system, precisely because I don't want to be force into multi-year contracts, and I typically only have my cell phone for emergency purposes. But let me tell you, I pay significantly more per-minute than those with a contract (about $0.25 a minute, plus fees).

      In an ideal world, a competitor would come along to service my needs. In the real world, there are very few companies with the money to buy the spectrum necessary for cell phone use, and those that have have all gotten together and decided that all of them will use this lock-in method. That leaves me with no choice but to pay exorbitant rates for their service without a contract.
      And as I said in a post above, I've had providers attempt to lock me into a one-year contract for the mere privilege of changing my phone number after I moved, so don't give me garbage about this contract being used to subsidize the price of phones.

    3. Re:read the effin contract by gujo-odori · · Score: 2, Interesting

      I hear you about the carrier not keeping up their end of the bargain. I canceled T-Mobile because their coverage went in the toilet and got stuck with cancelation fees even though my reason for canceling was that my T-Mobile phone had become about as useful as a brick.

      Last year I moved from southern California to the SF area to take a new job. I'd been a T-Mobile customer for four years at that point. Their coverage in SoCal was top-notch and I'd never experienced a drop call in four years. Their customer service early on was really lousy, but that had improved a lot and become very good by 2007.

      When I moved to the bay area, however, I found their coverage was absolutely crap. At work, not being able to make or receive a call, or getting a dropped connection, was commonplace. The strongest the signal ever got was two bars. Often it was less. My office is within sight of San Francisco Airport, so it's not like I'm out in BFE or something. At my house, it's even worse. Most of the time, I couldn't make or receive calls. There's only one room in the house where the phone would work most of the time, and even then, I usually had to stand in exactly the right place, facing just the right direction. If I tried moving around, I'd get a dropped call.

      T-Mobile was unable or unwilling to help at all. The only response I could get from customer service was "Our coverage map shows we have good coverage at both your home and work locations." I've got news for you, T-Mobile: your coverage map is full of crap. When your map says coverage is great and your customer who actually lives and works in that area says it stinks, you'd better believe your customer.

      I asked around at work, and everyone said T-Mobile coverage around the bay area was worthless. Everywhere, I found people who'd moved to the area and dropped T-Mobile for some other carrier. I complained to T-Mobile again and said I wanted to be released from the contract (I was about a year into a renewal) because they just had no usable coverage in my area. They refused, but I needed cell coverage so I went ahead and canceled a three-line family plan anyway. I escalated to manager level but they were steadfast in refusing to just let me walk. I considered suing them for non-performance in small claims court, but with two young kids and a new job, was just too busy.

      After looking at all available carriers, I settled in Sprint and found their coverage to be very good a both work and home, and their customer service in the store was awesome. The guy even told me some good places to fish around here, and some to not waste my time on. As for the phone customer service, I've been a Sprint customer for about 15 months now and I've never had to call them. Three months ago I had a battery go bad on one of our phones. I went to the Sprint store where I bought the phone, they checked it out, and just gave me another battery. No charge. I was out in less than five minutes.

      If anyone who works for Sprint is reading this, you rock. I've recommended you to several people as a result of my experienes.

      If anyone from T-Mobile is reading this, well, it goes the other way. A *lot* of people have heard about what a bad experience I had with you. I will never do business with T-Mobile again. You had every chance to make it right and you just blew it. I tell this story to anyone who's interested. And now it's on Slashdot. Congratulations, T-Mobile.

    4. Re:read the effin contract by ciscoguy01 · · Score: 2, Informative

      don't like termination fees? don't sign a contract agreeing to pay them if you leave. duh. it's not like you have some inalienable god-given right to a cell phone. hence the contract.
      Yea, well, the cellular companies and their contracts, all done on the phone, little except perhaps your original one done in writing. Like the parent said, they renewed his contract "without his knowledge". They do that all the time.
      Then later they try to stick you with termination charges even though your contract might have been over for *years*. I know lots of people they have tried this on.

      i don't think this should apply to dropping service if the cell carrier isn't holding up their end of the bargain (crappy coverage, non-functioning hardware, refusal to address issues, etc) - then, by all means, the customer should have full right to leave without ANY penalty. but if the customer is leaving because they want the sweet phone on the other network, or just because they feel like it...maybe they should have thought of that before signing.
      That's called merchantability. The service they provide has to meet normal standards or you have the right to cancel your contract, and you should. It's actually quite easy since people have lots of complaints about cellular service. A friend of mine had 11 Verizon windows mobile based phones in 12 months. They kept sending him a new one when he had trouble. Obviously that was either not the problem or they couldn't fix it. But with evidence of 11 phone replacements in 12 months his contract is pretty much toast.

      I believe in having all cellphone carriers in breech of contract as soon as possible. I did it to my current carrier. I told them what problems I had and how long they had to address them, or I was canceling my contract with them. Sent them certified mail. They called me and said "I can't absolve you of your contract. My response, "I don't need you to, I already canceled it".
      Nothing happened, I went on to use their service until the contract would have expired normally. But they would have gotten nowhere if I had dumped them, because I have certified mail and contemporaneous notes. That's all it takes. I'd have just said "See you guys in court". As long as I have letters to them outlining the complaints and no evidence they have addressed them, well, you just DON'T have to put up with service deficiencies, not in the US. Things have to meet usability standards. It's the law.

      One other little known fact. If the carrier changes anything salient about their service or their contract during your contract and you don't agree, you have 30 days to cancel without penalty. Verizon and Tmobile both changed their text messaging rates a couple years ago, and if you knew you could cancel. They won't tell you, they keep it quiet. And there is nothing they can do about it. It's right in the contract, as required by law.
      Can you imagine? Every Verizon customer, able to cancel their contract without penalty? Why wouldn't you take that opportunity, for free?
      --
      .
  7. Re:So the price of phones will just increase, nice by Adambomb · · Score: 2, Informative



    Just in case there are those who do not know, in canada at least the providers always have a uncontracted phone price. These prices tend not to be advertised much though, and many of the salesmen are comissioned based on contracts not the devices themselves.

    Be sure to ask. Repeatedly. And with different agents.

    --
    Ice Cream has no bones.
  8. Re:So the price of phones will just increase, nice by robertjw · · Score: 2

    Why not? I think it's perfectly reasonable when you sign up with a carrier to have a 1 year contract. After that most contracts go month to month, and you only get in trouble if you take advantage of their 'free' phone offers. There are inherent costs associated with acquiring and setting up a new client on a phone network. Why shouldn't the carriers be able to at least ensure that they can make up those costs with an initial contract?

  9. Re:So the price of phones will just increase, nice by ratboy666 · · Score: 2, Insightful

    I can't get a "no-phone" plan. I don't get a discount because I supply my own phone! But my "plan" is just out of the penalty fee phase. I can't change the plan without getting into ANOTHER penalty fee phase. (certain features can be added or removed, but there are limits -- and my carrier won't tell me what those are).

    If I replace my phone, I get into another penalty period. If I don't... I pay the same amount; but without the penalty period. And that's it.

    I want to see a "no-phone" rate...

    Yes, I would like to sue the provider.

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  10. They'll just change the system by SamP2 · · Score: 3, Insightful

    If it becomes illegal to charge a penalty for early termination, I imagine they'll change the scheme to something like this:

    - The "free" phone that is given to you in exchange for signing a 3-year contract, instead becomes a "lease"
    - You must give a "deposit" in exchange for the lease. The deposit is equal to the cost of the phone that they would sell it for, should you choose to buy it without a contract
    - They'll conveniently offer you an instant loan to cover the cost of the lease. So you don't have to shell out those $300 bucks, you just "owe" them to the company.
    - Each time you pay your plan, part of the money is used to cover that deposit loan. If you finish your 3-year contract, the owed amount becomes 0, and you get to keep the phone.
    - If you leave early, they charge you the remainder of the loan.

    They'll just wrap it all in the same kind of contract you sign without reading anyways, and for most customers it won't be any different in how or how much they pay, compared to the current system. But from the legal perspective, it suddenly becomes a whole new ball game.

    1. Re:They'll just change the system by Fulcrum+of+Evil · · Score: 3, Insightful

      Sounds great to me. I get unlocked phones off amazon that I can't get in the USA, so that'd drop $10-$20 off my bill.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:They'll just change the system by jeremycole · · Score: 2, Insightful

      No one participating in this examination thinks that the fees will go away completely and still get to keep the free phone concept. That's just silly. What you've described actually sounds like exactly what *should* be happening. As it is now, they charge the extra fees per month (in the form of markup), but nothing gets "paid down" on your loan, and if you cancel even a day before your contract is up you owe the full amount of the "loan". As a bonus, since the plans are priced suitably for the companies to make back their "loans", even if you don't take their "loan" you still get to pay extra. I would love to see the government regulate that companies structure their agreements in a fair and equitable fashion as above.

  11. You should maybe do some research, ok? by hassanchop · · Score: 4, Insightful

    Easier said than done when none of the competitors offer anything w/out a contract.


    Hmm. Let's examine this.

    http://www.wireless.att.com/cell-phone-service/go-phones/

    AT&T Go phone. No contract.

    http://www.t-mobile.com/shop/plans/default.aspx?plancategory=4

    T-Mobile. No contract.

    http://www.verizonwireless.com/b2c/store/controller?item=prepayItem&action=viewINpulsePlanDetail

    Verizon. No contract.

    http://www.boostmobile.com/

    Boost Mobile (owned by Sprint-Nextel). No Contract.

    Did I misunderstand you when you said "none of the competitors offer anything w/out a contract." because that ALL of the (major) competitors, and no contracts. There are literally dozens of options for cell service without a contract.
  12. Re:So the price of phones will just increase, nice by Lunatrik · · Score: 2, Interesting

    I use sprint, and I brought my own phone - with no contract. Just took alot of chatting with the representatives (and a lot of call backs to get a good rep).

    In fact, I now regularly get offers to reduce my bill 5-10% if I will lock in to a 1/2 year contract. Perfectly reasonable offer, IMHO, but the fact I had to jump through so many hoops to be in such a situation is egregious.

  13. Covers The Cost Of The Equipment Discount by nick_davison · · Score: 3, Interesting
    The argument is:

    Phones are expensive. We give you what works out to be a $250 discount to help you cover that cost. We recoup it at $10/month during your two year contract. So, if you cancel early, we have to recoup what was essentially a loan. My question has always been:

    So, when people don't ask for that discount, when they bring their own phone or when they're happy using the phone you've already collected the cost back on...

    Where do you list your $10/month cheaper plan that doesn't have this tied in? Quoting from the Smithsonian's National Zoological Park: 250,000 tons of toxic material have been dumped in to landfills by 700 million "retired" cell phones in the U.S. alone. In addition, mining the coltan used to coat components in then, has devastated lowland gorilla and African elephant populations.

    My phone's about to come out of its two year contract. It's still perfectly functional and will likely see me through several more years just fine. I'm guessing a lot of others are in the same boat. As it stands, with no discount for already having a phone making a lie of the cost reclamation argument, most people are likely to get a new one that they consider "free," tossing their old one. Were they able to save that $10/month, how many more would be tempted to save money and, even unintentionally, end up saving a lot of damage to the environment?
  14. Re:Insurance? by Adambomb · · Score: 2, Interesting

    As far as i remember, two of the major carriers (Bell and Rogers) had trialed lost cellphone insurance and had the services disappear. I am unaware of any third party cell phone insurances in canada, and a quick google search left me needing to do a longer one which i can't do at work.

    The fact that such services were discontinued speaks volumes, whether they were too incompetant to properly price the insurance based on the risk probabilities or whether it was intentional to cash in on the ETFs or subscription fees being paid without possible use.

    --
    Ice Cream has no bones.
  15. Except that's not really the way it happens by Crazy+Taco · · Score: 5, Interesting

    *Of course the price of the phone is rolled up into the price of the service you get - that's why new phones need a 2 year service plan because after 2 years you will have paid off the cost of phone. It is also why when you renew your contract you get a new phone, since you have paid off the old one and are making payments on the new one.

    That's all well and good in theory, but that isn't even remotely how things happen in practice. Cell phone companies actually use these plans to protect themselves from free market competitive forces and to secretly overcharge people for services and products they've already paid for. I can (and will) back that assertion up with examples in the next few paragraphs, but let me say first I hope those lawsuits suck tens of billions of dollars out of these cell phone companies, because they've easilly gotten billions in ill-gotten gain. On to the examples:

    When my wife and I got married December 2006, I was three months away from a new phone and and ending a two year contract. We went to Verizon and asked to consolidate our two phones into one family plan. They did this, but then without telling us extended our contract by a full year. All we wanted was consolidated billing: we kept our same phones, our same numbers, etc. Nothing changed. But they extended our contract by a year, and suddenly I'm continuing to pay off my already paid off phone, I didn't get a new one, I'm told leaving will cost me a 200 dollar termination fee (for what, I might ask, since my phone is paid off), and getting a new phone will cause them to extend my contract by two years.

    But it gets better than that. My wife and I found we weren't using all that many cell phone minutes, so we went back a few months later to lower the minutes on our plan. They secretly extended our contract again without telling us. Meaning once again I'm paying for a paid off old crappy phone, I still didn't have a new one, and I was going to get charged an early termination fee (for no justifiable reason) if I quit.

    So that's how these things really work in practice. They do nothing but screw over the consumer in what really is an entirely illegal way. Obviously, if I had known in either case my contract was going to be extended, I would have said no way (I didn't find out about those secret extensions until months after the second incident). What it comes down to is this: I was unknowingly placed by Verizon into a contract I never agreed to, and then was charged an early termination fee quitting it! That is the definition of unethical, I'm not the only one they did this to, and the judge can't take away enough billions from them to satisfy us (or make up for what all these cell phone companies have done to American consumers).

    --
    Beware of bugs in the above code; I have only proved it correct, not tried it.
    1. Re:Except that's not really the way it happens by jc42 · · Score: 2, Informative

      What it comes down to is this: I was unknowingly placed by Verizon into a contract I never agreed to, and then was charged an early termination fee quitting it! That is the definition of unethical, ...

      And it used to be illegal. Time was when contract law required a valid signature by both parties to be valid.

      But welcome to the New! Improved! world of American corporate law, where you can find yourself liable for the terms of a contract that you've never seen and never signed. Big corporations can just create the contract in their database, put your name on it, and fine you if you violate it. And they can change the terms of the contract without notifying you.

      Of course, one of the facts of life that enables this behavior is that you would probably win if you challenged them in court. But it would cost you thousands of dollars to do that, not to mention all the time you'd have to take off from work. And a decade or so later, after you won, all you'd actually have is a court order, which the corporation can simply ignore. If you want it enforced, you'll have to file a second case to enforce the first decision. This is recursive, of course, and eventually you'll die without collecting anything. So they don't care; they don't have to (as Lily Tomlin so elegantly put it).

      But it could be worse. American contracts end at death, and aren't inherited by offspring. Consider the situation in India, where there are some millions of people in "debt slavery", owing money they can never earn enough to pay off on a debt inherited from an ancestor. So it could be worse. Maybe in another few decades, it will be.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  16. You said GBP. We have USD. by tepples · · Score: 2, Insightful

    Just ask for a sim-only contract. They're usually quite cheap and have no miminum contract. I have one - GBP 15/mo You said GBP. True, one can get a SIM-only contract at a discount in countries that have the pound sterling or euro. But this isn't generally the case in countries that have the U.S. dollar as legal tender. This article is about such a country: the United States of America.
  17. Re; On the flip side; by Technician · · Score: 3, Insightful

    At least, not in a lump sum up front.

    How many phones does the typical person have in a drawer, locked to some provider they had a falling out from?

    This may be the end of locked phones. Pick up a phone that you like, not just what they push this week, and pick up a SIM card from your favorite carrier. This iPhone dilemma of nice phone, carrier sucks would end. Service would improve to reduce churn.

    You are no longer forced to buy a new phone to change carriers. Why is this a bad thing? As a trend this way, one of the cell stores has a sidewalk sign board advertising unlocked phones for sale. This may be the beginning of a good thing.

    --
    The truth shall set you free!
  18. Re:So the price of phones will just increase, nice by maggard · · Score: 2, Interesting

    Every major US carrier has a monthly plan. They're generally not well-advertised, and are primarily intended for those with poor credit, but they're available.

    The problem is the sheeple who honestly think that a mid-market cellphone costs US$50. They're the ones who buy that US$250 phone for US$50 (along with a 2-year contract!), the next day drop it in water / drive a truck over it / simply lose it, and then get infuriated when their carrier declines to sell them another US$250 phone for $50 (and doesn't offer a 4-year contract!).

    So the industry is stuck with a customer-base who only hate one thing more then 2-year contracts, and that is paying full price for phones!

    --
    I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.