Slaying the Verizon Dragon

Can you hear me now, bitches?

Anyone who's lived in the US knows how oppressive the cellphone carriers can be. They offer you inexpensive handsets in return for binding, long-term contracts which doesn't square with the shitty service they offer. If you want to terminate your contract, you have to pay an exhorbitant termination fee and if you sign with another carrier, you end up tied to another eon-long contract with a service that may or may not piss you off soon.

A couple of weeks ago, Verizon made a change to the cost of text messages, raising the rates from $.10 to $.15 per message. I seized on this as a 'material change' in my contract and demanded they terminate my contract without assessing an Early Termination Fee because they were in breach of our contract. I also threatened legal action, as a bluff. To my surprise, they capitualted and I signed up with T-Mobile, who gave me a Blackberry 8700g for $99. It's instructive that all these companies routinely break their own contracts, don't feel the need to apprise you of your rights and only really respond to the threat of litigation. I'm including the text of the correspondance between us, in case anyone wants to follow suit.

From me:

Dear Sir/ Madam,

I understand that Verizon Wireless is planning a price hike for the cost of sending a text message, from $.10 to $.15, in the U.S., Puerto Rico, Canada and Mexico. Further, I understand that the cost of receiving a message from customers of foreign wireless carriers will increase to $0.15. These rate hikes constitute a material change to my contract with Verizon Wireless which means that my 2 year contract with you can no longer be considered binding and I am free to terminate it without an Early Termination Fee.

Please process this contract termination immediately without assessing an Early Termination Fee and provide me with the related paperwork. A copy of this email has been sent to you as registered letter from my attorney. I look forward to hearing your response on this matter, which I hope will be concluded to my satisfaction.

Best Regards,

MN

From them:

Dear M,

Thank you for contacting Verizon Wireless through our website. I appreciate your inquiry regarding the option to cancel your service without an Early Termination Fee due to a notice of increase in text message rates. My name is Augusta, and I am happy to assist you today.

The rate for sending and receiving text messages to the U.S., Canada, Mexico, and Puerto Rico for postpay customers who do not subscribe to a messaging package will increase from $0.10 to $0.15 per message effective 3/1/07.

In review of your account, I show that you are currently subscribing to the $10.00 per month Unlimited IN/ 500 non Verizon Wireless messages package. Messaging package overage rates will not be affected by this change and will remain at $.10 per message if you exceed your package.

If you wish to proceed with disconnecting your service, the Early Termination Fee of $175.00 will be charged.

We appreciate your business. Thank you for using Verizon Wireless products and services. Should you have additional questions or concerns, please reply to this e-mail.

Sincerely,

Augusta
Verizon Wireless
Customer Service

From me:

Hello Augusta,

Subscribing to a messaging package is my option and when I undertook
this contract, I agreed to the terms contained therein in their
entirety. I also signed up on a message-by-message basis but later
switched to a message package. I was considering reverting back to
message-by-message because of my low number of text messages...except
that your recently announced price hike has made that prohibitive for
me.

A change to any portion of the contract on your part, especially one
which constitutes a material change, is a breach of said contract and
can therefore no longer be binding. Regardless of whether or not I am
currently enrolled in the specific option which will be affected by
your price hike. I believe there are precedents to this, albeit with
another carrier.

Again, I ask that you process this contract termination immediately
without assessing an Early Termination Fee and provide me with the
related paperwork. I assure you I am on solid legal ground and will
not hesitate to instruct my attorney to begin court proceedings
against Verizon if this matter is not settled to my satisfaction.

Looking forward to your prompt reply.

MN

From me again:

Hello,

This is the third time that I've written you.

I got a voicemail today from someone at Verizon today who did not
leave a phone number. He basically reiterated your position, amidst a
lot of double talk about how any overage in text messages, beyond my
current subscribed plan would be charged $.10 until the price hikes
take effect after which "you'll be charged $.15". He ended his message
by saying that if I wish you to cancel our contract, an Early
Termination Fee ($175) will be assessed.

I don't accept this. A price hike which, as the person who left me a
message confirmed, would ultimately end up affecting me, such as in
the case of overages, is a material change to our contract and I
demand that you process a contract termination immediately without
assessing an Early Termination Fee and provide me with the related
paperwork.

Please respond via email as I would prefer to have written records of
your responses. If you decline to cancel our contract without
assessing an early termination fee, or if I do not hear your final
response within three business days, I will immediately instruct my
attorney to begin proceedings against you. As you are well aware, I am
on solid legal ground.

This will be the last time I respond to you. If you inform me that you
will not process the cancelation of our contract without assessing an
Early Termination Fee, I will turn things over to my attorney without
delay.

I look forward to hearing your final response via email. A copy of
this notification has been sent to you in letter form.

MN

From them, this time from someone named Kenneth:

Dear Mr. N.,

Thank you for contacting Verizon Wireless through our website. My name is Kenneth, and I am happy to address your concerns about the rate increase for text messages per our pay as you go rate plan. Moreover, I also want to address your request to terminate your account without paying the early termination fee.

I regret to learn that you became dissatisfied about the rate increase, which takes affect on March 1, 2007. I called and left a message at phone number 718-721-5912 to discuss options.

First, I want to advise you that in your contract we disclosed that rates and pricing for features are subject to change and we will notify you in advance if those changes occur. This term and condition never changed. All we did was exercise the terms and condition that was always part of your contract. However, we recognize that you want to consider an alternative service and close your account. I would like to provide you with some options that may benefit you.

1. We do have an option where you can save $175.00 per line. You can request an assumption of liability instead of terminating your account.

The following are the requirements for the existing account holder:

· Your authorization is required to transfer the financial responsibility to another individual. If you have not provided this information, we will need the name of the individual you are authorizing to assume the service along with the wireless numbers(s) you are authorizing to be assumed.
· Your account balance must be current (no overdue balance is allowed) and remain current until the transaction is complete.
· You will be responsible for any charges on the account until the transaction is complete.
· The individual assuming responsibility for the service must review and accept the Verizon Wireless Customer Agreement Terms and Conditions. The Customer Agreement Terms and Conditions can be found on our website atwww.verizonwireless.com and then selecting Customer Agreement. If the individual does not have online access, we would be happy to mail a copy to the current address on your account or, if you include their mailing address in your reply, we will mail a copy directly to him/her.
· If the service you are transferring is on a Family Share Plan, the calling plan will need to be changed before the transaction can be completed.

The following are the requirements for new account holder:

· He/She must review and accept the Verizon Wireless Terms and Conditions.
· He/She must agree to a one (1) year contract term.
· Handset must be E911 Compliant. To verify if your handset is compliant please use the following link http://www.vzwshop.com/e911/MakeModel.aspx
· The assumption of service will require a credit check and a security deposit may be required.
· If he/she is adding the service to an existing Verizon Wireless account, the account balance must be current (no overdue balance is allowed) and remain current until the transaction is complete.
Please reply to this e-mail with the new account holder's first and last name and the wireless phone number to be assumed.

Once all of the requirements have been met and the new account holder has reviewed and agrees to accept the Terms and Conditions, the new account holder may contact our Customer Service Department at 800-922-0204 or dial *611 (SEND) airtime free from a Verizon Wireless phone to complete the transaction.

2. I see that you average 135 text messages per month. Even if we did not change the rate, you would end up paying $13.50 per month on a pay as you go plan when the rate is $0.10. I noticed that since the beginning of the bill cycle you have already sent and received 84 messages as of January 15, 2007. If you were on the pay as you go plan for $0.10. The cost of the messages as of January 15, 2007 would be $8.40. You would save more money with our 250-text/picture plans for $5.00 per month since you will stay under 250 allowances.

Please keep in mind that the rate increase only affects the pay as you go plan. If you select our 250-text/picture plans for $5.00 per month, the charge for each additional text over 250 is $0.10.

If you want to avoid the $0.15 per message rate after March 1, 2007, I recommend the 250-text/picture plans for $5.00 per month. If you select the 250-text plan for $5.00 per month, I will issue a lump sum credit $20.00 to you cell phone account.

I hope you consider my offer.

You can also dial #646 and send to receive information on an estimate of minutes used. This call is airtime free. You can dial #Data (3282) and send for text and picture messages used. The call is free. You can now review text message details via MY Account. All you need to do is login to My Account and click on ?Text/Video/Picture Messaging Usage? in the MY Bill section on the overview page.

I also notice that you average 292 minutes for calls to non-customers during peak hours. You currently have our America's Choice II 900 minute plan for $59.99 per month. You can save $20.00 per month by decreasing your allowance minutes to 450 minutes if you feel that you will continue to stay under 450 minutes. Your 15% discount will transfer to the 450-minute plan. If you change your plan, you can keep the same June 5, 2008 contract end date.

I want to thank you for the payment of $93.90 on January 1, 2007. Did you know you can make a payment from your cellular phone by dialing #PMT/786 and send? Please be advised that you will be asked to provide the last four digits of your Social Security number. You can also find out your balance by dialing #BAL/225 and send from your cellular phone. These calls are airtime free.

We appreciate you taking the time to contact us, and thank you for choosing Verizon Wireless. Should you have additional questions or concerns, please reply to this e-mail.

Sincerely,

Kenneth
Verizon Wireless
Customer Service

From me:

Sorry, that's not acceptable to me. I'm done talking with you because,
apparently, you're not hearing me.

The only thing I'm going to accept is a termination of my contract
WITHOUT an early termination fee, due to a material change on your
part which constitutes a breach of our contract.

I've turned matters over to my lawyer, who's going to begin taking
legal action against you. You can expect to hear from his office.

MN

From Kenneth:

Dear M,

Thank you for contacting Verizon Wireless through our website. This is Kenneth. I did hear you. I just wanted to offer you some options that could save you money. I also wanted another opportunity to retain your business.

I am sorry that I was not able to retain your business. Please understand that we have always disclosed a clause in the terms and conditions of your contract. We advised you that rates and pricing of our features are subject to change. Moreover, we will advised you in advance of the change. We have done that by advising of the rate change that is effective on March 1, 2007. Therefore, there is no breach of contract because we excercised a term and condition that we have always advertised and provided with your contract.

I have already provided you an option to avoid the early termination fee by completing an assumption of liability. I regret that this option is not feasible for you. If you want me to go ahead and officially terminate your account, please reply to this e-mail. Please be advised that the early termination fee will apply since you are not doing an assumption of liability.

We appreciate you taking the time to contact us, and thank you for choosing Verizon Wireless. Should you have additional questions or concerns, please reply to this e-mail.

Sincerely,

Kenneth
Verizon Wireless
Customer Service

From me:

I have referred this matter to my attorney who will be contact you shortly. Please refrain from contacting me as I have been advised that all communications should be through his office.

MN

A couple of days later:

Dear M,

This is Kenneth. I am referring your case to my Supervisor to see if there are any other exceptions for waiving the early termination fee. I will follow up with you.

We appreciate you taking the time to contact us, and thank you for choosing Verizon Wireless. Should you have additional questions or concerns, please reply to this e-mail.

Sincerely,

Kenneth
Verizon Wireless
Customer Service

A couple of days later:

Dear M,

This is Kenneth. I receive your phone message and returned it. I spoke to my supervisor about an exception. We are giving a temporary exception to customers who demand cancelation due to the rate change on the pay you go text plan even though the change is within accordance to the terms and conditions that we disclose in each contract.

I understand that you want to port your number. As I explained, you have to contact the new carrier so they can initiate the port request. Once they finish the port on their end. Your Verizon Wireless account will automatically close. My supervisor will manually issue credit for the early termination fee. I already explain to her that you rejected the option of assumption of liability and the offer to reduce your text plan from $10.00 per month to $5.00 per month and an additional $20.00 credit.

Please reply to this e-mail, after you complete the port of your phone number with the new carrier so we can properly issue credit to your account.

We appreciate you taking the time to contact us, and thank you for choosing Verizon Wireless. Should you have additional questions or concerns, please reply to this e-mail.

Sincerely,

Kenneth
Verizon Wireless
Customer Service

"We never stop working for you!"

I did it! I beat them!! Yay for me!!!