T-Mobile also Gets Hit with Class Action Suit

A few days ago I made a post about the class action suite that has been certified against Verizon wireless. Now it seems that its T-Mobile turn to be nailed with a complaint. Nobody has told me that this is the season for class action suits or prosecute your Wireless carrier month.

The complaint against Verizon Wireless ordinated from the Early Termination fee they charged their customers. Their wireless contract or terms and conditions prohibits a customer from transferring into another carrier or wireless plan without paying a fee. On the other hand, the class action suit filed against T-Mobile involves text messages.

Enraged T-Mobile subscribers want justice for the charges that they have been made to pay for unwanted text messages. The class action suit was filed in the U.S. District Court in Seattle. They are accusing their carrier charges for text messages regardless of whether customers want the missives.

Here is a statement from plaintiffs who are representing the complainants,

"T-Mobile refuses to disable the texting messaging feature on its customers’ accounts, even when the customer has no interest in sending, or, more importantly, receiving text messages. Moreover, T-Mobile requires each of its customers who have not subscribed to one of T-Mobile’s Messaging Value Bundles to pay for each and every unsolicited text message they receive. In sum, T-Mobile, the party with the superior bargaining power, has carried out a wrongful business scheme regarding text messaging to deliberately cheat a large number of consumers out of individually small sums of money.”

This seems like a very serious accusation. Of course, I can sympathize with the sentiments of the subscribers. After all, nobody wants to be cheated. However, T-Mobile also has a policy concerning class action suits that is stated in their wireless contracts or Terms and Conditions. Check out this statement from their Terms and Conditions,

WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. NOTWITHSTANDING SEC. 22, IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.

This statement is actually a waiver that is a part of the T-Mobile contract. However, with the certification of the complaint against Verizon Wireless, this complaint may also cause problems to T-Mobile. They may be forced to pay back the customers they have charged for these unwanted text messages.

The events in these recent weeks have certainly been interesting. Will the wireless contract disputes and other conflicts between wireless and customers continue to escalate? Well, I guess we'll see in the upcoming weeks. The consumers seems to be putting a lot of pressure on their carriers and we will see how they will respond.

So far, the spokespersons of the networks have released no comments regarding the class action suits they are facing. We'll just have to sit back and observes as the opposing groups go at it and hope that verything will still be fine when the dust settles.

News: Class Action Against Verizon has been Certified

I found an interesting article concerning Verizon Wireless today.

Apparently, a huge class action against the wireless network has been certified by an arbitrator. How huge? Well, the RCR News article says that Verizon may be forced to pay nearly a billion bucks in refunds for the early termination fees they have charged over the years.

This article caught my interest because Verizon wireless as well as other mobile phone carriers have class action policies stated in their wireless contracts or terms and conditions. Here's the statement from the wireless contract or terms and conditions of Verizon:

THIS AGREEMENT DOESN'T PERMIT CLASS ARBITRATIONS EVEN IF THOSE PROCEDURES OR RULES WOULD. IN EXCHANGE FOR YOUR AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS, WE'RE PROVIDING YOU A FREE INTERNAL MEDIATION PROGRAM. MEDIATION IS A PROCESS FOR MUTUALLY RESOLVING DISPUTES. A MEDIATOR CAN HELP PARTIES REACH AGREEMENT, BUT DOESN'T DECIDE THEIR ISSUES. IN OUR MEDIATION PROGRAM, WE'LL ASSIGN SOMEONE (WHO MAY BE FROM OUR COMPANY) NOT DIRECTLY INVOLVED IN THE DISPUTE TO MEDIATE. THAT PERSON WILL HAVE ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR. NOTHING SAID IN THE MEDIATION CAN BE USED IN A LATER ARBITRATION OR LAWSUIT.

Well, I'm not really an expert in law but it seems that the fact that this arbitration has been certified is not favorable to the beleaguered wireless network.

The arbitrator who made the decision is Eugene I. Farber, a former federal judge and senior arbitrator-mediator for the American Arbitration Association in White Plains, N.Y. He explained his decision in this statement,

“I find the claimants have complied with the criteria for class certification. My decision is also motivated by my conclusion that as a matter of equity and fairness, millions of class members are entitled to adjudication of the central common questions of fact or law in this arbitration related to whether the $175 early termination fee imposed by respondents Cellco Partnership d/b/a Verizon Wireless … is based upon an unenforceable liquidated damage clause.”

Farber's decision to certify the class action has historical significance as well as financial implications. Financial because the refunds that Verizon make hand out is estimated to be worth nearly a billion bucks. Historical because with approximately 70 million members of the subscriber class it is the largest class ever certified in arbitration. This class action suit is also the largest class ever certified on a contested motion in any type of forum, litigation or arbitration.

The implementation of early termination fees have always been a controversial issue. Consumer groups and customers have complained that it is an unfair practice and they have succeeded in forcing some carriers to make their ETFs pro-rated. In fact, Verizon Wireless was the first carrier to announce that their ETF will be prorated.

If this class action suit succeeds then Verizon Wireless consumers will gain a great advantage. They will be able to seek a refund worth nearly a billion dollars. And maybe this ruling will also trigger similar suits in other wireless networks because they too have been imposing early termination fees on their consumers. It may also change some of the statements in the wireless contracts and terms and conditions that will be signed by subscribers.

I'll continue to monitor the progress of this development. I'll also make sure that I post any updates of this class action suit as well as other related incidents in this blog.

Roaming Policies In Wireless Contracts part 2

This the the second and final part of my post about the roaming policies of the major wireless service networks. We took the wireless contracts of these companies and looked for statements that relate to their roaming policies.

In my last post, I gathered the roaming policies of Alltel, AT&T and Sprint Nextel and made a few comparisons. I am aiming to the same for three more carriers. But before I do that let me give a brief review of the definition of roaming.

The term roaming as used in the wireless telecommunications industry refers to the extending of connectivity service in a location that is different from the home location where the service was registered. Basically, if you use your mobile phone on a network that is outside the home service area of your carrier then you are roaming. OK, lets proceed to the roaming policies.

Let us begin with the roaming policy of T-Mobile. The Billing, Charges, and Late Fees section of T-Mobile's terms and Conditions express that,

Except to the extent prohibited by law, billing of roaming charges and minutes or Services used may be delayed or applied against included minutes or Services in subsequent billing cycles, which may cause you to exceed your included minutes or Services in a particular billing cycle. Roaming and other call rating (such as time of call) depend on the location of the network equipment providing Service for a particular call and not the location of the Phone. For billing purposes, you agree not to rely on indicators on your Phone (such as roaming and call time), which may be inaccurate.

In the first statement, T-mobile informs the customer that he or she may exceed the allotted included minutes because the billing of roaming charges or minutes may be applied to the included minutes of a plan. That is certainly something to consider before you make calls outside the home service area of your carrier.

The carrier is also warning their customers not to rely on the indicator of their mobile phones as they may be inaccurate. Arguments on bills based on the indicators will not be valid. they are also making it clear that the location of the phone is not the basis of roaming ratings but the location of the network providing the service.

Let us check out how US Cellular treats roaming. Their Customer Service Agreement states that,

Due to delayed reporting by other carriers, some wireless usage while roaming outside a U.S. Cellular market may be billed in months subsequent to your actual usage. The minutes used, and associated charges, will be applied against your monthly plan minutes in the month that the usage appears on your bill rather than the month the calls were actually placed.

US Cellular's roaming policy focuses on the billing aspects of roaming. Unlike the other carriers, they did not touch upon any penalties when abusing roaming or the inaccurate roaming indicators on the mobile phone.

They explain to their customers that the roaming charges they incur may be billed in months subsequent to their actual usage due to delays on the reports of other carriers. They also exp0lain that due to the delay the charges will not be deducted on the months that they actual roaming calls were made.

Let us now look at the the Customer Agreement of Verizon Wireless. The Roaming and Roaming Charges section of that document states that,

You're "roaming" whenever you make or receive a call using a transmission site outside your Home Rate and Coverage Area, or using another company's transmission site. Your wireless phone may sometimes connect to and roam on another company's network even when you're within your Home Rate and Coverage Area or Local Calling Area. There may be extra charges (including charges for long distance, tolls, or calls that don't connect) and higher rates for roaming calls, depending on your Calling Plan.

Interestingly, Verizon warns their customers that they may actually be roaming even if they are within their Home Rate and Coverage Area or Local Calling Area. This may be similar to T-Mobile's policy that the rating does not depend on the location of the phone but on the network.

They are also notifying their customers that roaming calls may have higher rates and additional charges depending on the wireless plan. However, they do not offer any policy that states a penalty may be incurred if the customer make too many roaming calls or the unreliable indicators on the cell phone.

Those are the roaming policies of T-Mobile, US Cellular, and Verizon. Every roaming policy is different but they also share some similarities. One constant factor is that roaming calls mean extra charges for the customer. I hope that my posts on the roaming policies of different wireless networks can give you some useful info.

Roaming Policies In Wireless Contracts part 1

Roaming is an important aspect of using a mobile phone. Since roaming can add more charges to your monthly bill, it would be a good idea to know what your wireless contract states about it. But for the benefit of those who are unfamiliar about this term or for those who never cared before, let me give a brief explanation.

In the wireless telecommunications industry, roaming is a general term that to refers to the extending of connectivity service in a location that is different from the home location where the service was registered. This means that you are "roaming" if you use your mobile phone on a network that is outside the home service area of your carrier. More importantly, you might be charged for "roaming".

Let us look at the roaming policies of different mobile phone networks so that you will have an idea of the charges that you might incur. These policies are often stated on their wireless contracts or terms and conditions so let us tackle them individually.

Let's being with Alltel Wireless' roaming policy as that on their wireless contract. The Charges for Services and Equipment section of Alltel's Terms and Conditions states that,

"You may incur additional charges for roaming or long distance calls. Rates and charges while roaming outside of your local Alltel service area may be different from your Alltel service area rates."

This statement clearly express that an Alltel customer may suffer from additional charges if he or she makes calls outside Alltel's home service area. They also make it clear that the charges incurred while roaming may not be the same as the rates in their service area.

However, there is something very important that you need to remember if you are an Alltel customer. You should never abuse roaming because Alltel may limit, interrupt, terminate or refuse to provide service if "the majority of your Service is used roaming on a network not owned or operated by Alltel."

Let's proceed with AT&T's policy on roaming. The Roaming section of the terms and Conditions of this network states that

Roaming charges for wireless data or voice service may be charged with some plans when outside AT&T's wireless network. Display on your device will not indicate whether you will incur roaming charges. Services originated or received while outside your plan's included coverage area are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier's support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Billing for domestic and international roaming usage may be delayed up to three billing cycles due to reporting between carriers. If your usage of the Services on other carriers' wireless networks ("offnet usage") during any two consecutive months exceeds your offnet usage allowance, AT&T may at its option terminate your wireless service or access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for offnet usage. Your offnet usage allowance is equal to the lesser of 6 megabytes or 20% of the kilobytes included with your plan and for messaging plans the lesser of 3000 messages or 50% of the messages included with your plan. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement. You may be required to (1) use a device programmed with AT&T's preferred roaming database; and (2) have a mailing address and live in the United States, Puerto Rico or the U.S. Virgin Islands.

Well, that was quite a handful. Customers that have signed up for some AT&T wireless plans may be charged if they use their phone beyond the scope of AT&T's network. A mobile phone will not be able to inform a customer that he is "roaming" while making a call. You will also suffer penalties including the termination of your services if your offnet usage exceeds your roaming usage allowance during any two consecutive months. AT&T subscribers should read their contracts carefully.

Let us now check out Sprint Nextel's take on roaming. Their roaming policy as found on their Terms and Condition states that,

"Roaming" typically refers to coverage on another carrier's network that we make available to you based on our agreements with other carriers. These agreements may change from time to time and roaming coverage is subject to change. Your ability to receive roaming coverage depends on the radio transmissions your Device can pick up. You can pick up roaming coverage both within and outside our network coverage areas. Your Device will generally indicate when you're roaming. Depending on your Services, separate charges or limits on the amount of minutes used while roaming may apply. Certain Services may not be available or work the same when roaming (including data Services, voicemail, call waiting, etc.)

Sprint explains that roaming coverage is dependent on the agreements they have with other wireless networks. They also emphasize that these agreements may undergo change at anytime. A Sprint mobile phone will also indicate if the owner is outside their home coverage area. They may charge separately for roaming calls and limits the minutes that may be spent roaming. However, Sprint does not indicate any penalty for excessive roaming calls unlike AT&T and Alltel.

Those are the roaming policies of a few mobile phone networks as stated on their wireless contracts. I will blog about the roaming policies of other networks on the second part of this series. I hope the info on this post will prove useful to you.

Wireless Contracts and Credit Ratings part. 2

This post is the sequel to a post I made about the effects of bad credit on getting a mobile phone plan.

I focused on the wireless contracts of mobile phone carriers because they have certain policies when it comes to dealing with customers with bad credit. I began with the credit rating policies of Alltel and Sprint.

Both companies basically favor customers with good credit. They also require that a customer provide them access to credit records as well as credit status updates before the provide their services. Let's move on to the credit rating policies of other mobile phone networks.

Let us look at T-mobiles plicy regarding this issue. The Billing, Charges, and Late Fees section of T-Mobile's terms and Conditions states that, "You authorize us to verify your creditworthiness with a credit-reporting agency at any time" and "If we reinstate Service to you after discontinuing Service, you may be subject to a credit check and agree to pay reactivation charges or deposits."

These statements clearly indicate that a good credit rating will be an advantage if you are an customer of Touch Mobile. You will have to submit to a Credit status check policy so having a terrible credit history will get you nowhere. You will also be subjected to a credit check if you want to be reinstated after you discontinue services. Let us move on to US Cellular's attitude towards credit ratings.

The credit Information section of US Cellular's Terms and Conditions states that, "You authorize personal references or consumer reporting or credit agencies to furnish U.S. Cellular with your credit records or history."

Well, US Cellular did not indicate any penalty or restriction if a customer has less than perfect credit. However, they do require that you give them access to your credit records or history. This mean that you won't be able to hide your bad credit practices and that they may refuse to serve you based on your credit history.

Now, let us check out Verizon Wireless' credit status policies. According to Verizon's Customer Agreement.

WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, including, but not limited to: (i) if you: (a) breach this agreement; (b) pay late more than once in any 12 months; (c) incur charges larger than a required deposit or billing limit (even if we haven't yet billed the charges); (d) provide credit information we can't verify

The Privacy section of Verizon's Customer Service Agrrement also states that,

Further, you've authorized us to investigate your credit history at any time and to share credit information about you with credit reporting agencies and our affiliates. If you ask, we'll tell you the name and address of any credit agency that gives us a credit report about you.

These statements show that Verizon appreciates honesty as much as a good credit record. You must avoid giving Verizon Wireless an unverifiable credit history or they will suspend your account. You will also have to give them authority over your credit records. This means that you must be honest with your payments or they will let credit reporting agencies know about your mistakes.

That's about it. We've learned that you will have to expose your credit status to major wireless phone carriers if you want to get a monthly plan. you have no choice about it because they all require you to give them authorization. The wireless contracts also state that you might face various penalties if you have bad credit or if your rating declines. I hope that the information I posted non credit ratings and wireless contracts will prove valuable to you.

Wireless Contracts and Credit Ratings part. 1

Do you have a bad credit rating?

In this modern world, an undesirable credit history can make life difficult. You will find it hard to take out a loan or be approved for a credit card application if your credit rating is terrible. Now, the effect of bad credit also extends to the mobile phone industry.

The wireless contracts of many cellphone networks have certain policies when it comes to dealing with customers with bad credit. Some contracts may ask for a considerable down payment or other kinds of penalties from a customer. Wireless phone service providers may also demand a credit check to ensure that their customers maintain good credit.

Let us take a look at the contracts of some cellphone service providers to see what they say about the credit history of potential customers. Let us begin with Alltel, one of the top mobile phone carriers.

The Credits and Deposits section of Alltel's Terms and Conditions states that,

You authorize us to ask credit-reporting agencies for credit information about you. We may, in our discretion, require you to submit a deposit as security for payment of charges. An additional deposit may be required if either the amount or number of Services is increased or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of service. We reserve the right to apply the deposit to any amount due and unpaid. We may require a guarantee of payment by an individual or entity approved by us.

As you can clearly see by this statement, having a good credit rating is a great advantage when getting a plan from Alltel. You will need to authorize them to access your credit records before you can use their services. They may also ask you for an additional deposit if your credit rating changes or if the amount of services you use increases.

Let's check out Sprint's policy on credit rating. Their online Terms and Conditions states that,

We agree to provide you Services on the condition you have and maintain satisfactory credit according to our standards and policies. You agree to provide information we may request or complete any applications we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services, or place limits or conditions on the use of our Services. You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse.

Sprint makes it clear that unless a customer maintain a rating that satisfies their standards, they will not provide services. You have also to provide them with the required credit information so that they can decide whether they will allow you to use their services.

Sprint customers will also be required to provide updated credit information when their carriers request for it. The company may also provide credit reporting agencies or industry clearinghouses with your payment history so you have to keep up with your bills.

That's it for this post. I will tackle the credit rating policies of other wireless carriers on my next post so that my current post will not bore you. I hope that this blog post has provided valuable information and that your credit history will improve or remain immaculate.

Billing Calculations on Various Wireless Phone Contracts part. Two

This is the second part of my post about the billing calculations of various mobile phone carriers. I wanted to post this second part right after the first one but immediate changes to texting policies of cell phone carriers sort of derailed me from my plan.

Anyway, I posted the the billing calculations of Alltel, AT&T and Sprint Nextel in my initial post. In this sequel, I will offer information on the billing calculations of T-Mobile, US Cellular, and Verizon as stated in their online Terms and Conditions.

Let us begin with T-Mobile. This companies online Terms and Conditions on Billing, Charges, and Late Fees states that,

UNUSED MINUTES OR OTHER ALLOTMENTS FROM YOUR RATE PLAN EXPIRE AT THE END OF YOUR BILLING CYCLE AND DO NOT CARRY OVER TO SUBSEQUENT BILLING CYCLES. PARTIAL MINUTES OF AIRTIME USAGE ARE ROUNDED UP AND CHARGED, OR DEDUCTED FROM ANY INCLUDED MINUTES, AS FULL MINUTES; AIRTIME USAGE IS MEASURED FROM THE TIME THE NETWORK BEGINS TO PROCESS THE CALL (BEFORE THE PHONE RINGS OR THE CALL IS ANSWERED) THROUGH ITS TERMINATION OF THE CALL (AFTER YOU HANG UP). FOR BILLING PURPOSES, THE TIME OR DAY (SUCH AS NIGHTS AND WEEKENDS) OF AN ENTIRE CALL IS DETERMINED BY THE TIME THE CALL STARTS. UNLESS OTHERWISE SPECIFIED IN YOUR RATE PLAN MATERIALS, WEEKENDS ARE MIDNIGHT FRIDAY TO MIDNIGHT SUNDAY. NIGHTS ARE 9:00 P.M. TO 6:59 A.M.

T-Mobile like other major carriers will round up partial minutes and will deduct them from your included minutes as full minutes. They begin to count your used minutes before the phone you are calling rings or is answered. They are also stressing that all unused minutes and allotments from your rate plan will expire on your next billing cycle.

Let us go on to US Cellular's policy on calculating their customer's use of minutes. The Billing practices section of their Customer agreement states that,

Each partial minute of airtime will be rounded up and billed as a full minute. You may be charged for calls that are not completed but ring longer than 59 seconds. For completed calls, you will be billed from the time you push the “send” button until you terminate your call by pushing the “end” button on your phone. “Application charges” include the charges incurred for downloading data applications and monthly subscription fees for data applications. “Data network usage charges” are the charges for transferring data (i.e., downloading applications, accessing the Internet, etc.) rendered in units of kilobytes or megabytes. Each partial kilobyte of data transferred will be rounded up and billed as a full kilobyte.

As with other mobile phone carriers, US Cellular will round up each partial use of airtime and will bill them as a whole minute of use. The calls you make will be billed form the moment you press the send button just like the other networks.

They may also bill their customers for unanswered calls s that ring longer for a minute or longer. This policy is bit more lenient than AT&T who will count answered calls that ring for more than 30 seconds as a full minute.

Let us finish this post with a look at Verizon's online Customer Agreement. On calculating a customer's bill it states that,

Charges may vary depending on where your wireless phone is when a call starts. If a charge depends on an amount of time used, we'll round up any fraction of a minute to the next full minute. Time starts when you first press SEND or the call connects to a network on outgoing calls, and when the call connects to a network (which may be before it rings) on incoming calls. Time may end several seconds after you press END or the call otherwise disconnects. For calls made on our network, we only bill for calls that are answered (which includes calls answered by machines). Most calls you make or receive during a billing cycle are included in your bill for that cycle. Billing for airtime (including roaming) and related charges may, however, sometimes be delayed. Delayed airtime will be applied against the included airtime for the month when you actually made or received the call, even though such charges may show up on a later bill. This may result in charges higher than you'd expect in the later month.

If you are a customer of Verizon, then the place where you make call can affect the charges you'll incur. They will also round up any fraction of a minute to a full minute just like the previous wireless phone carriers. The good thing is that they will not bill incomplete or unanswered calls as long as it is within their network. That policy is certainly different from other networks who will bill customers for unanswered calls that ring for a certain period of time.

This concludes my post on the billing practices or policies of major mobile phone networks. I hope that this post will be able to give you useful info. Just remember that Wireless phone carriers can alter their wireless phone contracts so do not neglect to look out for updates.

Text Messaging Policies

This week, Verizon Wireless has announced that it will increase text messaging rates from 15 cents to 20 cents per message. Some experts say that the increase is an attempt to to push its messaging bundles.

I thought that ti would be interesting to look at the text messaging policy of Sprint Nextel because they initiated the increase in Text Messaging rates. Shortly after the move, the rest of the nation’s major carriers also raised their casual text messaging fees from 10 cents to 15 cents.

I think the recent increase in Sprint's messaging rates should also be discussed especially it's relation to being able to opt out of a contract without paying an early termination fee (ETF). About three months ago, Sprint decided to increase their casual text messaging rate from 15 cents per message to 20 cents per message.

They explained that casual text messaging fees starting next month will be 20 cents per message sent or received. Overage SMS charges for customers who have a texting package will also increase, from 10 cents to 20 cents per message.

However, the carrier stressed that the will not allow customers to slip out of their contracts without paying an early termination fee. Sprint Nextel’s current terms of service allow for changes to text messaging fees but only a “material” change in rates would allow customers to abandon contracts without paying an ETF. The company decided that the increase did not qualify as a "material" change.

Here is the section of the contract that deals with the need for a "material" change before a customer can be exempt from paying the ETF.

Your service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.

Sprint Nextel spokeswoman Roni Singleton, stressed their side by saying that, “This casual text messaging rate change does not qualify any of our customers for any kind of early termination fee waiver.”

I expect that the other carriers will follow the text rate increase started by these wireless phone carriers. However, there may also be a lot of complaints that will follow the increases in rates. Some suits and disputes related to wireless phone contracts will also probably follow.

Complaints on Wireless Phone Carriers' Texting Policies

It seems that the texting policies of mobile phone carriers have caught the attention of Public interest and consumer groups. Recently, these groups have requested that mobile-phone operators should not be allowed to make discriminatory interference with text messaging.

They have made this request to the FCC. Public Knowledge, Consumer Federation of America, Consumers Union, EDUCAUSE, Free Press, Media Access Project, New America Foundation and U.S. PIRG are behind the petition for declaratory ruling.

The petition states that,

“Mobile carriers currently can and do arbitrarily decide what customers to serve and which speech to allow on text messages, refusing to serve those that they find controversial or that compete with the mobile carriers’ services. This type of discrimination would be unthinkable and illegal in the world of voice communications, and it should be so in the world of text messaging as well.”

Gigi Sohn, president and co-founder of Public Knowledge, explains their request,For many people, texting has replaced calling as a way of keeping in touch. The FCC should make certain that text messages, and the short codes used to dial them, are protected from interference from telephone companies.”

There have also been other complaints made to mobile phone carriers made by these groups. For instance, NARAL Pro-Choice America had a run-in with Verizon Wireless. The complaint was about a short code that the carrier wanted to use to send wireless alerts to supporters. Verizon had no choice but to reversecourse and give the abortion-rights organization access to its network in the face of the controversy gaining the attention of the national media.

Also, a Voice over Internet Protocol (VoIP) firm called Rebtel has not fared as well in efforts to secure short code-enabled text message rights from Verizon Wireless, Alltel Corp. and T-Mobile USA Inc. Rebtel offers low-cost international calling on mobile phones. Verizon responded that it is standard practice to reject short codes from companies with whom it competes.

Let us hope that this petition would resolve the issue and a solution that is favorable to both parties will be reached.

Billing Calculations on Various Wireless Phone Contracts part. One

Do you how your wireless carrier calculates your bills? I think this is important because the amount you pay every month relies on the minutes your carrier deemed you spent.

Knowing how major mobile phone carries calculate phone usage will also give you an idea of the best possible deal. This information is also useful if you want to keep track of how much minutes you have used. It would also be important for you to know the other charges that you may incur while making calls on your mobile phone such as roaming or long distance charges. So let me give you some info on how carriers calculate your bills. Let us begin with Alltel.

According to Alltel's Terms and Conditions,

Airtime usage on each call is billed in full minute increments, with a minimum charge of one minute per call. Partial minutes of use are rounded up to the next full minute. Access charges are billed in advance and will not be deducted from your bill or refunded in the event of termination. Unused plan minutes are not carried over to subsequent monthly billing cycles. In some instances, information regarding airtime usage, including roaming or long distance charges, is not available to be included in the bill for the month that the Service is used, and will be billed to you in a subsequent bill. The Service will be charged, and deducted from your plan minutes, in the month it is billed. The length of a call will be measured from when you initiate it (typically, when you press the "Send" key) until you terminate it (typically, when you press the "End" key). You may incur additional charges for roaming or long distance calls. Rates and charges while roaming outside of your local Alltel service area may be different from your Alltel service area rates. We reserve the right to select the carrier you will use while roaming. Rates during peak hours may be higher than rates during off-peak hours. Use of custom calling features (such as voicemail or three-way calling) will be billed like any other call. To be eligible for Service, we may require you to reside in our Service area and to use most of your Service on a network owned or operated by Alltel.

If you subscribe to Alltell's mobile phone services, then you need to remember that each of the calls you made will be billed in full minute increments, with a minimum charge of one minute per call. The partial minutes you used will also rounded up to the next full minute. Alltel's terms and conditions also inform you that additional charges for roaming and long distance may be added to your bill. Let's move on to AT&T's billing calculation.

AT&T's Terms and Conditions for Nation GSM plan states that,

Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. AT&T charges a full-minute increment of usage for every fraction of the last minute used on each wireless call. Minutes will be depleted according to usage in the following order: Night and Weekend Minutes, Mobile to Mobile Minutes, Anytime Minutes and Rollover® Minutes . Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Those minutes will be applied against your Anytime monthly minutes in the month in which the calls appear on your bill. Unanswered outgoing calls of 30 seconds or longer incur airtime. You may obtain usage information by calling customer service or using one of our automated systems.

AT&T's billing calculation is similar with Altell's because calls will be billed in full-minute increments and will be rounded up to the next full increment at the end of the calls you make. However, minutes spent in roaming calls will be applied yo your monthly Anytime minutes and unanswered call s that last for half a minute or longer will be counted as spent minutes. Let's us end with Spint Nextel's calculation of used minutes.

According to Sprint Nextel's Terms and Condition regular voiced calls are billed,

We round up partial minutes of use to the next full minute. Time starts when you press "Talk" or your Device connects to the network and stops when you press "End" or the network connection otherwise breaks. You're charged for all calls that connect, even to answering machines. You won't be charged for unanswered calls or if you get a busy signal. For incoming calls answered, you're charged from the time shortly before the Device starts ringing until you press END or the network connection otherwise breaks. If charges vary depending on the time of day that you place or receive calls (e.g., Nights and Weekend plans), you're charged for the entire call based on the rate that applies to the time period in which the call starts.

Sprint users should know that the partial minutes they use will be rounded up to the next minute. It is also important to remember that Sprint Nextel will charge for all calls that connect but they will not charge unanswered calls. This is different from AT&T who will charged for unanswered calls that last half a minute and more.

I hope the info provided here will help you understand how carrier's charge the minutes they spend. if you haven't subscribed to any network, then I hope this post will help you compare them. I will feature three more carriers in the next part of this post.

Ad Targeting and Wireless Phone Privacy

A mobile phone is an important tool of communication and is considered by many as a necessity in this day and age. However, most of us do not realize that our cell phones are also valuable for marketers.

A cellphone contains a wealth of information about the owner that are important for advertisers. It can give them an idea of your location as well as your preference for games or music. In fact, limited targeting based on users' age, gender, ZIP code and other characteristics is being done today. However, advertisers and marketers must first deal with privacy policies before they can gain more access to mobile phone users' personal information.

Major mobile phone carriers want to protect their customers' privacy because annoyed subscribers might defect to rivals if they did a sloppy job. of course, there is also the danger of contracts disputes or lawsuits that may come after any violation of privacy.

However, marketers may be able to target ads to a potential customer's location and actions through mobile phones. After all, the carriers can also benefit from the lucrative mobile phone advertisement business. Some researches also project that U.S. spending in mobile ads will grow more to nearly $4.8 billion in the next three or four years.

Furthermore, both technology companies and privacy advocates have also been making speculations about the availability of phones' location information to commercial services and advertisers. The Federal Communications Commission ruled in 1996 that wireless carriers must help 911 dispatchers identify a caller's location may pave a way for this development.

Many advertisers have also experimented with mobile ads in anticipation of a possible opening in this niche. it makes perfect business sense to take advantage of location information with the success of GPS devices and location services like maps and child tracking.

However, privacy red flags will be flown due to mobile phones' highly personal nature. Some marketing associations have started to develop guidelines on how to deal with the issue of consumer privacy. For instance, finding an ethical and legal way of getting a customer's permission and periodically reminding them of any tracking.

I think that all the sides of this mobile advertising equation will eventually come to a common ground. There will be problems and the possibility of disputes over privacy violations are inevitable but the potential of mobile advertising is just too hard to pass up. Cell phone carrier's, customers and advertisers will eventually reach an agreement and mobile advertising will flourish.