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  • Report:  #102852

Complaint Review: T-Mobile USA - Albuquerque New Mexico

Reported By:
- Huntington Beach, California,
Submitted:
Updated:

T-Mobile USA
PO Box 37380 Albuquerque, 87176-7380 New Mexico, U.S.A.
Phone:
800-937-8997
Web:
N/A
Tell us has your experience with this business or person been good? What's this?
I am writing this letter regarding an early termination fee on my account. (Account # 316377161). I used to be a sales manager for Circuit City Stores, Inc. A T-Mobile representative who handled our district set me up with a phone that we did not carry by special request. I never signed a contract nor did I agree to one orally. To my surprise when I canceled my service after 10 months I received a bill for a 200 dollar early termination fee. Upon contacting T-Mobile over the phone I was told by the supervisor that they did not have the power under any circumstances to waive this fee. The bottom line is i never signed or agreed to a contract so it is illegal for me to be charged a ''contract termination fee''.

On a side note, the reason I cancled my coverage is because I was forced to since I do not receive coverage in my complex that I just moved to. When I informed the representative about this they said ''you do not have in-building coverage but you will get coverage when you go outside so I cannot waive the fee''. So let me get this straight, I use my phone for business, am I supposed to just sense when people are going to call me and walk outside to get the call? I don't think so.

In conclusion, it is illegal to charge me this fee since I never agreed in any way shape or form to a one year contract.

After contacting T-mobile by phone I was told the only way to appeal this issue was to contact customer care by us mail or e-mail. So I logged onto tmobile.com and submited my issue. This got me a response from "Julie" telling me accounts cannot be setup without contracts, the fee stands, and I should read my service agreement. I replied obviously someone has the power to setup an account without a contract because I never signed one, please check your records for a contract and you will find I am telling the truth. This got me a response from "Luis" that said the fee cannot be waived at this time, all accounts have a contract.

This is very frustrating, anyone can see this is illegal. I would really appreciate any help you can provide to have this issue resolved with out me being forced to take the case to small claims court.

Brandon

Huntington Beach, California
U.S.A.


17 Updates & Rebuttals

Caitlin

Salem,
Oregon,
U.S.A.
ETF dispute

#2UPDATE Employee

Sun, March 26, 2006

ok, here's the thing, if you're friend at the store started your service then you need to go back to the friend and tell him to provide proof of a signature. If he cannot provide that they need to let you out of the contract at the store. i advice customers of this all the time when they upgrade or start service through a store.


Ryan

Honolulu,
Hawaii,
U.S.A.
Agree with Brandon

#3Consumer Comment

Mon, October 18, 2004

I have been a multiple account customer of T-Mobile for 5 years. I have also had service with Verizon, AT&T and NEXTEL. I would be happy to recommend T-Mobile over any of the other companies. I agree with Brandon. The T-Mobile representative cannot make up their own rules or own responses just to make the customer think that they can't disconnect without paying an early termination fee. If there was no signed contract then the customer cannot be held liable. That's just the bottom line.


Lynn

Seattle,
Washington,
U.S.A.
Fraudulent Early Termination Fees

#4UPDATE EX-employee responds

Fri, October 08, 2004

First, if you are certain you do not have a contract in effect and are facing an early termination fee (ETF), file a complaint with the FCC (go www.fcc.gov and follow directions to file a general complaint). I had to do this in order to get the ETF waived. I had the service order paperwork and although it does have check-boxes for contract term (12, 24, etc.), NONE of the boxes were checked and at the time of activation, the sales rep did not tell me there was any term. Subsequently, I learned that T-Mobile does offer 12 month contracts (not 24 or 36 as some other wireless operators offer). Still, the 12 month box was not checked on my form. I sent a copy of that to the FCC. It took several weeks, but the matter was finally resolved to my satisfaction. FYI, I also experienced a similar situation with AT&T Wireless. It's not what the activation or sales rep says (or doesn't say), it's all in what they enter into the system when they set your account up. AT&T Wireless' rep had set up one of my lines (multi-line account) with a 1 year contract and the others were set correctly with no contract term. So, when I went to terminate, I also faced an ETF. I had to go to management at the company to get the situation corrected. I think this is a common problem among wireless carriers. If you feel you are incorrectly being charged termination fees, file a complaint with the FCC. They take them seriously and so do the wireless operators.


Michael

Los Angeles,
California,
U.S.A.
Typical Moronic responses by all T-Mobile Employees

#5Consumer Suggestion

Mon, September 13, 2004

Eric - Denver, Colorado is out of line in his responses here. This is the typical arrogant, rude and unhelpful attitude all T-Mobile reps have. They are trained to be obnoxious because they KNOW that they are ripping people off. T-Mobile is a scam company, plain and simple. I don't know how Eric - Denver, Colorado can justify attacking the complainer and still sleep at night. I had identical problems with T-Mobile. It started when they wouldn't honor a "rebate" for an item I ordered on their website because the box was not right. That was pure bologna, but a precursor to the trouble I would have later. Then I got billed an extra 60 too 100 dollars a month for "Usage" and "Service Charges" and "Taxes" most of which I'm too busy to verify. This is on top of $40 a month for 1000 minutes. You "Get More" obviously. You pay MORE. Anyway, the problems after this are that they sell crumby phones that don't work. Then you are lucky to get calls to go through. The reception is the worst ever. I switched to Verizon - have NO PROBLEMS. I had to pay the $200 early term fee just to avoid damaging my credit, but I'm here researching class action lawsuits and other ways I can get my money back. Eric - Denver, Colorado is full of bull. This company is VERY BAD!


Brandon

Huntington Beach,
California,
U.S.A.
Issue The fee was not valid

#6Consumer Suggestion

Thu, September 09, 2004

The fee was not valid. There was no contract. Using a service does not entitle the service provider to charge you a termination fee of their choice when you have NOT AGREED to a contract, period. I do not see how you can not understand this.


Brandon

Huntington Beach,
California,
U.S.A.
Issue The fee was not valid

#7Consumer Suggestion

Thu, September 09, 2004

The fee was not valid. There was no contract. Using a service does not entitle the service provider to charge you a termination fee of their choice when you have NOT AGREED to a contract, period. I do not see how you can not understand this.


Brandon

Huntington Beach,
California,
U.S.A.
Issue The fee was not valid

#8Consumer Suggestion

Thu, September 09, 2004

The fee was not valid. There was no contract. Using a service does not entitle the service provider to charge you a termination fee of their choice when you have NOT AGREED to a contract, period. I do not see how you can not understand this.


Brandon

Huntington Beach,
California,
U.S.A.
Issue The fee was not valid

#9Consumer Suggestion

Thu, September 09, 2004

The fee was not valid. There was no contract. Using a service does not entitle the service provider to charge you a termination fee of their choice when you have NOT AGREED to a contract, period. I do not see how you can not understand this.


Eric

Denver,
Colorado,
U.S.A.
Pt 2

#10UPDATE Employee

Wed, September 08, 2004

Well, I promise I can read...though i'll be honest;the part about the recent move did'nt immediately register, sorry, And I am sorry the service was'nt as good as before you moved. I really have had that very same situation, but a new phone did fix my particular issue. The specific policy though, is similar to many Gym/health clubs, to get out of my health club's dues, before my agreement is up for example, I would have to prove residence outside of a 25 mile radius of any of thier clubs (no easy feat). This is not mentioned during the sign up phase, but is in the agreement. I understand your argument, but I honestly don't feel this is deceptive on the gym's part; it simply doesnt come up too often, nor do I think it's deceptive or out of the ordinary for T-mobile to ask that you be in an area with NO service, but I do see why the fee was waived, however it does not change that the fee was a valid charge, as the agreement was honestly real and valid by using the service. In the future, be sure to REQUEST a copy of the agreeemnt if you arent for some reason given one with whatever company you go with. Trust me, most major companies have an army of lawyers to go over thier contracts for them, to make sure they're airtight in these situations no company wants legal troubles etc, the only real defense against the odd charge or billing issue you may have is to know the rights that are provided for you, and what are provided for the company, when you use their service. Good luck with your new service, and sorry T-Mobile could'nt get ya better service in your new place.


Eric

Denver,
Colorado,
U.S.A.
well, actually.... Ignorance allows that you weren't aware of these things, but it doesn't change the fact that by USING the service... it was horrible and you don't want it anymore?

#11UPDATE Employee

Tue, September 07, 2004

lol, why yes, I can read, thank you for asking. I said ignorant, not stupid; I try to avoid name calling, it's not productive. Ignorance allows that you weren't aware of these things, but it doesn't change the fact that by USING the service, it's valid. Did you cancel the service within just a few days when you noticed that it didn't work well at your house? There is a specific allowance to let a person out of contract no questions asked in this case. No, you waited 10 months according to your letter. Why would you have poor service for 10 months THEN say it was horrible and you don't want it anymore? I had the same experience, but got a different phone and problem solved, this wasn't what you wanted, understandable, but because there are alternatives, it is not the company's responsibility to let you out of an agreement. As a consumer, it is your responsibility to see what you are getting into when you start any new service, mobile phone, satellite, new credit card, whatever, ALL the information concerning this is available, if this particular representative did not provide it, A) personally I would NEVER start a service like that without the information, how did you know for sure what rate plan you were on? B) Why did questions like this not happen? Perhaps your complaint should be with that rep, not trying to slander a company by crying "rip off" when YOU are at least as much at fault for not trying to find out. I don't believe anyone is trying to hide anything from you, as I said earlier, this info is all available in many locations, personally I WISH people would read their agreements, or go to the store and get some printed material when they have questions. Ignorance of a rule/law/policy does NOT free a person from it's constraints. T-mobile recently won the #1 ranking in customer service from JD Power and associates, but realistically, no one will please everyone all the time, and our culture is such that if someone sees something that they don't like, it's automatically a rip off, and someone else's fault. Looking through this site, I checked the other carriers, and couldn't help but notice that of the major ones, T-mobile has significantly fewer. No company is perfect, and no major company is going to try to defraud you, but next time, please take into consideration the simple fact that if a company did not have policies such as the ETF for not completing the year, that company would be in deep financial trouble, every time someone gets angry that their bill is too high from their own usage, they would jump ship, so they have the choice of crediting anytime someone doesn't like something (which happens WAY too often as is) or losing the customer all together, either way time and money are wasted, not the best way for a company to grow and or be profitable. We honestly strive for a Win-Win situation whenever possible, but sometimes charges are valid, and just shouldn't be waived.


Brandon

Huntington Beach,
California,
U.S.A.
What?!

#12Author of original report

Sun, September 05, 2004

It was not a magic loophole. The person who signed me up was a T-mobile account rep who offered to get me a select phone that was did not carry. He was not and did not become a friend. Apparently you cannot read. I stated I had no coverage inside, PERIOD, and a little coverage outside. That alone should have voided any contract. I did not make this up. I liked t-mobile until I moved and no longer got coverage, that is the ONLY reason I switched carriers. You said: -------------------- it would be fantastic if people could take just even a hint of responsibility for their choices and actions, and actually pay for thier charges without whining and trying to have everything they didnt take the time or energy to read, just credited off. All this information is available at any store, tmobile.com, through customer care, etc.. but for some reason ignorance seems to be an acceptable reason to credit these days... ------------------- How did I not take responsibility, because T-mobile screwed up both in providing me with a contract and providing acceptable service I should pay a fee? I'd like to see how you feel if your cable company charged you 200.00 dollars because you moved to an area they don't cater to for a contract you never ever signed and was never told about that says you pay 200.00 if you close your account before 1 year. I'd like to see the company take responsility for their crappy service and failure to obey the law without having to go this far. What about my complaint was ignorant in ANY way?


Eric

Denver,
Colorado,
U.S.A.
ugh..

#13UPDATE Employee

Sat, September 04, 2004

I'm thrilled for you that you got out of paying for your service in this way, but since you never "signed a contract" well, surely that means you wouldnt be obligated to pay for any of the service you used either? Lucky you, you found a magic loophole in the system; have a friend sign you up, and not give you a contract, that's cool. Had your "Friend" provided you with ANYTHING from T-mobile, you would have noticed that the first line of the agreement states "by using this service, you agree to be bound by our terms and conditions which include...." and goes on to explain the termination fee, applicable charges, etc. It makes me sad that Excecutive relations would simply drop this charge though it is entirely valid, the only reason I can see is the lack of coverage, however if you had good coverage outside, you would have some coverage inside, just not perfect, which is simply a fact of life with any wireless carrier you go with, as they will all vary in strength within certain areas. it would be fantastic if people could take just even a hint of responsibility for their choices and actions, and actually pay for thier charges without whining and trying to have everything they didnt take the time or energy to read, just credited off. All this information is available at any store, tmobile.com, through customer care, etc.. but for some reason ignorance seems to be an acceptable reason to credit these days...


Brandon

Huntington Beach,
California,
U.S.A.
Situation Resolved.. Thank You, Rip-off Report!

#14Consumer Suggestion

Fri, August 20, 2004

The BBB contacted T-mobile for me and I was contacted by a member of T-mobile's executive relations and the fee was waived. Thanks BadBB.


Brandon

Huntington Beach,
California,
U.S.A.
Situation Resolved.. Thank You, Rip-off Report!

#15Consumer Suggestion

Fri, August 20, 2004

The BBB contacted T-mobile for me and I was contacted by a member of T-mobile's executive relations and the fee was waived. Thanks BadBB.


Brandon

Huntington Beach,
California,
U.S.A.
Situation Resolved.. Thank You, Rip-off Report!

#16Consumer Suggestion

Fri, August 20, 2004

The BBB contacted T-mobile for me and I was contacted by a member of T-mobile's executive relations and the fee was waived. Thanks BadBB.


Brandon

Huntington Beach,
California,
U.S.A.
Situation Resolved.. Thank You, Rip-off Report!

#17Consumer Suggestion

Fri, August 20, 2004

The BBB contacted T-mobile for me and I was contacted by a member of T-mobile's executive relations and the fee was waived. Thanks BadBB.


Jessica

Woodland Hills,
California,
U.S.A.
No Meeting of the Minds...

#18Consumer Suggestion

Thu, August 12, 2004

You probably already know this, but for all those other people who don't... If they can't provide a signed contract, then you have no obligation to pay their "early termination fee". You're not terminating your contract early - you didn't have a contract. If there's no contract, they don't have a leg to stand on. It'll be a pain in your rear end, but it will be worth it in the long run!!!

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