T-Mobile Alters its Wireless Contract Early Termination Policy

Here's a mobile phone contract update for T-Mobile subscribers. The carrier appears to have changed its policy towards the Early Termination Fees (ETF) for its mobile phone contracts.

The new T-Mobile Early Termination Fees (ETF) policy indicates that consumers that are moving out of the carrier's coverage area or overseas will be charged with the fee. However, customers moving overseas due to military deployment will not be charged with an ETF.

This T-Mobile Early Termination Fees (ETF) policy change took effect on February 8th, 2011. This means that consumers who cancelled service (without paying the ETF) before February 8th will not be charged with the fee.

So why did T-Mobile enforce this new cell phone contract policy? Well, the word on the street indicates that the change was made to discourage the abuse by some consumers who are specifically moving out or signing contracts before they knew they were moving overseas.

What do you think of this change? Do you think that it's fair?

Stay tuned for more wireless contracts news and information.

Android Update Delay Causes Class Action Suit Against Samsung and T-Mobile

It's has been some time since we featured class action suits in this blog. The last one was on November of last year. But here's a new one filed against the 4th largest US carrier. This new class action suit filed against T-Mobile also involves Samsung and one of the manufacturer's most popular handsets.

If you own a smartphone, then you probably know that software update releases can take a long time. Now, were not talking about fix updates but new versions of operating systems. The Samsung Galaxy S has been notorious for delays in software updates. In this case it's T-Mobile's versin of the Galaxy S, the Samsung Vibrant.

It appears that one user has finally had enough and has filed a filed a class action lawsuit against T-Mobile and Samsung. This complainant claims that both companies have violated the law concerning Unfair and Deceptive Consumer Business Practices. The suit argues that these telecom companies have the deceived users regard ing the hardware, and software reliability of the Samsung Vibrant.

So do you think that this class action suit is valid?

I think that it shows that smartphone users are concerned with OS update delays. After all, no one wants to be stuck with a device with outdated and defective software.

Tune in to this blog for more issues on mobile phone contracts and related topics.

T-Mobile's Phone Return and Replacement Policy

Thousands of consumers each year go though the process of returning or asking for a areplacement for a handset vis their wireless carriers. This process can be triggered by a number of reasons including defective phones or damaged handsets.

But what are the carriers' policy towards returning phones and replacement handsets? Well, let's look at T-Mobile's phone return and replacement policy.

If you want to a newly purchased T-Mobile cell phone then you have 14 calendar days (30 in CA) from the date of purchase to return the handset. However, the mobile phone must be good working condition with original contents and packaging. Otherwise, you won't be eligible for a refund of the purchase price. One must also present a proof of purchase and a restocking fee may be charged.

Yu can return a defective phone and ask for a replacement if its is still under warranty. Remember that you need to return the defective phone to T-Mobile to complete the exchange. IF YOU DO NOT RETURN THE DEFECTIVE PHONE WITHIN SEVEN (7) DAYS, YOU WILL BE CHARGED T-MOBILE’S REPLACEMENT FEE FOR THE NEW PHONE.

If the handset is found to be outside the warranty period and/or is physically damaged then you will need to pay a replacement charge for the value of the phone. A new T-Mobile phone, it is under warranty for 12 months from the activation date on the T-Mobile network or the date of receipt, whichever is earlier. If you purchased a refurbished T-Mobile phone, then it is under warranty from either 90 days of receipt or the remainder of your 12-month service agreement, whichever is longer.

A T-Mobile cell phone is considered defective if it has stopped properly functioning due to no fault of the user.

But what about if an upgraded T-Mobile phone does not meet your expectations? Well. you can return the phone plus all associated original contents, undamaged and in good working condition, within 14 days from the day you received it.

If your mobile phone has been lost or stolen then you should read this:

Call Customer Care immediately to suspend your service. If your phone was stolen, please provide the Customer Care representative with the police report number (if available). Ask Customer Care about phone or SIM card replacement options that may be immediately available to you.
You will be charged for any call charges made prior to when you reported your phone as stolen and you will receive a credit for any charges made after you reported the phone as stolen. Your monthly bill will be prorated based on the time that your account is suspended.
Once you have called Customer Care to report the phone as lost or stolen, your service will be suspended for up to a maximum of 30 days. If your phone has not been recovered within this time period, your current account will be cancelled to prevent any possible misuse. To avoid account cancellation, call Customer Care regarding your options for replacing the lost or stolen phone.

That's if for this post on T-Mobile's phone return and replacement policy. Stay tuned as we tackle other important wireless contract policies and related topics.

T-Mobile's Early Termination Fee Schedule

T-Mobile has a pro-rated ETF (early termination fee policy) which means that consumers pay depending on the length of time have left on their mobile phone contracts. However, this system can also be confusing since consumers do ot have a fixed penalty for terminating a T-Mobile contract.

So how do you calculate your T-Mobile early termination fee?

The carrier has provided an ETF schedule that allows subscribers to estimate their fees as long as they know their contract start date (which is also listed on their wireless contract):

As listed in these Terms & Conditions, the early termination fee is $200, if termination occurs with more than 180 days remaining on your term; $100, if termination occurs with 91 to 180 days remaining on your term; $50, if termination occurs with 31 to 91 days remaining on your term; and the lesser of $50 or your monthly recurring charges (including any applicable taxes and fees), if termination occurs in the last 30 days of your term.

If you wish to know exact information about the term of contracts and the early termination fee that would apply if you cancel your then you should can call T-Mobile Customer Care.

That's it for this post. Tune in every week for more on mobile phone contracts and wireless contract topics.

How to Access Wireless Contract and ETF Information Online

Contracts are notorious for the tricky terms and hard-to-read fine print they employ. This can lead to painful fees and fines for consumers who find it hard to find out when their contract expires and other important details on their contracts. Fortunately, some important mobile phone contract and early termination fee information can be accessed right on your computer. Here are a few tips to help you find out:

AT&T

• Customers can view their contract expiration date when accessing their account online (Att.com/mywireless).
• To find out whether the contract has ended or provide a specific date for expiration simply click on the "My Profile" tab on the far right of the screen and click on "User Info."
• This section also provides a hyperlink on ETFs, which directs customers to an Answer Center that provides specific details on AT&T's ETF policy and fees as well as a two-page "Customer Service Summary" which is a PDF detailing the customer's service, plan, and support shortcuts.

Sprint

Log into My Sprint, select "My Account," and scroll over the "I Want To" tab in "About My Devices." Look for the "I Want To" tab and select the "See My Contract Details" link once the box pops up. This will lead to information on when their wireless contract expires.

Sprint provides a chart that allows customers to calculate their prorated fees. IT also provides a link from the site footer to Sprint.com/terms and conditions and Sprint.com/etf.

T-Mobile

T-Mobile subscribers can get general information about T-Mobile's ETFs within the "Terms & Conditions" link at the bottom of the home page on the carrier's main website . The "MyT-Mobile" account page also provides a link to general ETF policy details via the "Terms & Conditions" link.

T-Mobile does not currently include details about individual ETFs on the customer's online account site.

Verizon Wireless

Go to MyVerizon.com and click on "Change Plan".


That's it for this post. Tune in for more info on mobile phone contracts and related news.

T-Mobile 'Unlimited' Data Plan Results in Class-action Lawsuit

Here's a wireless contract dispute that involves T-Mobile USA. A consumer from California has filed a class action lawsuit against the 4th largest US wireless carrier for offering unlimited data but imposing caps data use once consumers are locked into a wireless contract.

The class action lawsuit against T-Mobile was brought in Superior Court in Yolo County, California.

The complainant, Trent Alvarez, alleges that advertisements for T-Mobile's “Unlimited Web & E-mail” plans falsely offer promise the consumer access to an “unlimited” amount of data.

Alvarez received a message that stated: “Your data usage in this billing cycle has exceeded 10GB; Data throughput [speed] for the remainder of the cycle may be reduced to 50kbps or less.” He was unable to do anything with his handsets except make or receive phone calls and text messages.

This cap on T-Mobile's 'Unlimited' Data Plan was only mentioned on a statement “on the very last page of the carrier's brochure. It was reportedly buried in minuscule type barely readable and states: 'Your data session may be slowed, suspended, terminated, or restricted if you use your service in a way that interferes with or impacts our network or ability to provide quality service to other users …'”

Well, this isn't the first time that a US carrier hit with a class action suit based on false advertising of its 'Unlimited' Data Plan. Other complainants have filed cases against other carrier's as well.

That's it for this wireless contract news. Tune in for more information, news and updates on mobile phone contracts.

US Carriers Respond to Rising Text Messaging Rates Concerns

Here's an update to the concerns over the rising rates of Text Massaging that are being charged by Wireless carriers.

A few weeks ago, I made a post about Sen. Herb Kohl, chair of the antitrust subcommittee sending a letter to the four major U.S. wireless network providers. The letter conveyed the senator's and consumer's concerns about the doubling of the rates for sending text messages even though the cost involved with sending them remained constant. The letter was sent ot the offices of AT&T, Sprint, T-Mobile and Verizon Wireless.

Now, these carriers have expressed their response to Sen. Kohl's letter on the doubling of the rates for sending text messages. According to an RCRWireless article, AT&T, Sprint, T-Mobile and Verizon Wireless have denied that anything illegal was involved in the doubling of the rates for sending text messages.

According to the carriers, they have offered competitive bulk texting plans that have actually made the costs of sending text messages more affordable for mobile phone to consumers. They also would like to express that thay have suffered an increase in antitrust class-action lawsuits due to the congressional questions about the rising text messaging charges.

T-Mobile's representative defended his company by declaring that charges for text messages charged by the carrier has even dropped by half. He also expressed that the concerns over the rising cost of text messaging are exaggerated and untrue. Sprint and AT&T have also released public responses to Sen. Kohl's letter. Interestingly, Verizon Wireless requested that its response remain confidential.

The wireless carriers want to make an effective response to the inquiry because a number of class-action lawsuits have been filed against them citing Sen. Kohl's letter as the foundation for the complaints. They want to clear up this problem as soon as possible since text messaging is a major part of their revenues.

Well, I expected the major US carriers to respond effectively to this inquiry. Text messaging has steadily grown in popularityover the years so they have to take it seriously. Of course, the antitrust class-action lawsuits that have been filed against them also needs to be taken seriously. Tune in to this blog for more updates on this wireless contract issue and other related news.

T-Mobile Announces New Approach to Early Termination Fees

Here's some interesting wireless contract news for T-Mobile fans. According to Gizmodo.com, T-Mobile has just announced that they are taking a new approach to the early termination fees for their mobile phone contracts to provide greater flexibility for their customers.

Well, it seems that that ETF's are still a hot issue in the mobile phone industry. This announcement may also be related to AT&T's announcement that they have begun prorating their early termination fees. Here's a statement from Sue Nokes, Chief Customer and Operations Officer, T-Mobile USA, regarding this new approach,

“T-Mobile continues to set the pace in offering customers a number of flexible plans and services that don’t require a contract to help them stay connected to those who matter most. In addition, by providing this flexibility and choice, our hope is that T-Mobile customers will be happy customers for years to come.”

Let's discuss the details of this new T-Mobile early termination fees approach as it may be a bit confusing. T-Mobile wants their customers to know that starting on June 28, 2008, the ETF for customers who choose a one-year or two-year service agreement will decline during the course their contract.

This means that if customers terminate service with 91 to 180 days remaining on their agreement, then the ETF decreases from $200 to $100. It will then decrease again to $50 with fewer than 91 days remaining. Now in the event that a customer want to terminate in the last 30 days of their term, then the ETF is $50 or their standard monthly charge, whichever is less.

Now according to Gizmodo, this new approach to the ETF's of wireless contracts is not the same with pro-rated ETF's because the fee goes down in increments and never touches zero.

I think that this is a positive step towards resolving the wireless contract disputes between the mobile phone carriers and customers. Much of those complaints are focused on ETF's so any move towards reducing it should appease customers. Even the FCC has made proposals to reduce the conflict over early termination fees for cell phone contracts. Perhaps this move by T-Mobile will encourage other carriers to develop their own consumer friendly approach towards ETF's.

Tune in to this blog for more wireless contract news and information.

More Class Action Suits Filed against Sprint and T-Mobile

Here we go again. This certainly seems to be the year of class action suits against mobile phone carriers. New just a few days ago. Both of these companies have already been hit with class actions suits this year, and the new complaints are sure to bring new problems.

Let us begin with the complaint against Sprint. This is the third class action suit filed against the wireless network this year. The first complaint filed against the company was based on complaints that Sprint illegally extended the wireless contracts of customers after they made minor changes to their service. In the second complaint, Sprint was accused of misleading consumers by improperly charging roaming fees in connection with two “fair and flexible” plans.

The third complaint against the carrier this year is also on roaming charges. The complaint that subscribers were charged for roaming charges after being told they would not incur such fees under a major calling plan were filed in Florida and in North Carolina. The suit states that,

Sprint knew or reasonably should have known that these representations were materially false, deceptive or misleading because it not only routinely charged PCS Free and Clear Plan customers roaming rates for calls made and received ‘on the network,’ Sprint even charged these customers roaming rates for calls in their home cities where the plan was sold and where Sprint purportedly provided comprehensive network coverage. In fact, Sprint not only charged its customers roaming charges for calls made on the Nationwide Sprint PCS Network, it even charged them roaming charges for calls received on the Nationwide Sprint PCS Network.”

Roaming charges are certainly controversial. People have questioned how carriers were calculating these charges and it often results in class action suits or wireless contract disputes. This recent complaint against Sprint accused the company of charging customers even if they were making calls in the location where they purchased their plans. Customers claim that they were even charged for roaming even if they only received the calls.

Let us take a look at the company's s wireless contract. Maybe we can get some info on how the carrier charges customers for roaming. Here is the statement from the wireless contract of Sprint.

"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.).

Interestingly, the terms and conditions of Sprint affirms that customers may pick up roaming coverage within and outside of their coverage areas. however, the customers claim that they were told that they will not incur these fees because they were under a major wireless plans. I guess we'll have to leave it to the authorities to figure this mess out.

Let us move on the complaint against T-Mobile. The wireless company also faces a class action suit filed in California federal court. The complaint accuses the company of not providing enough information on an “upgrade fee” that are applied on current subscribers who want to get new mobile devices.

T-Mobile’s use of wireless contract clauses that impose mandatory arbitration and waive the right to participate in class action suits was also attacked. here is a sample of this type of clause taken form T-Mobile's terms and conditions:

CLASS ACTION WAIVER. 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.

All the wireless contracts I've read has their own version of these clauses but a federal circuit court in San Francisco ruled that T-Mobile’s terms and conditions are unenforceable. I guess we'll have to see the lawyers of both parties duke it out. Perhaps the new consumer bills being drafted in congress will provide a way to solve these disputes.

Wireless Contracts and Security

After surfing the web for some news, I found this article on Security and the mobile phone industry. The RCR Wireless news article discussed the importance of security in the future of the cell phone market.

The article quoted a security adviser who feels that if security is not given enough attention then growth in the wireless industry will be stymied. The article also pointed out that software and applications used in the mobile phone industry are the most vulnerable to exploitation. Since we now use mobile devices for everything from booking flights to paying bills, we cannot overlook the importance of application security.

The article lead me to think about security as stated in wireless contracts. The existence of security policies or statements related to security may indicate if a carrier considers it as a priority. The presence of security measures or policies in wireless contracts or terms and conditions may also provide information and insight.

I scanned the wireless contracts published by major mobile phone networks on the Internet and found a couple of interesting statements. Here is a statement on security form AT&T's Terms and conditions:

AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services sold by AT&T. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures.

If you subscribe to AT&T then you should always keep in mind that your carrier does not guarantee security. You have to be careful with any sensitive information you send using mobile devices from AT&t because they are unsecured as stated in the wireless contracts.

The statement does indicate that some AT&T devices are equipped with data encryption so the company has made effort to provide security. However, customers still have to take responsibility for keeping important information safe.

Here is another wireless contract statement that involves security. T-Mobile's terms and conditions states that:

Wireless systems use radios to transmit communications over a complex network. We do not guarantee that your communications using the Service or Products will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.

This statement form the wireless contract of T-Mobile stresses the risk of transmitting important information on mobile devices. As with AT&T, T-Mobile will not be responsible for any security breach that users may experience when using their device. The customers have to take precautions to ensure that their personal information is kept safe.

These statements form the wireless contracts of two major wireless networks indicate that security in the mobile phone industry is not yet guaranteed. There are some efforts done towards data encryption and other security measures but customers still have the responsibility of protecting important information.

Sprint is the Next Target of Class Action Suit

The Class Action Suit menace has struck again.

In this early part of the year, major wireless carriers have been hit with class actions suits for a variety of reasons. Verizon Wireless was sued over the unjust early termination fees they charge in exchange for freedom from their wireless contract. Some consumers also filed a class action suit against T-Mobile for being charged with receiving unwanted text messages. This week the victim is Sprint Nextel Corp according to this RCR News article.

The complaint against Sprint Nextel Corp. stems from allegations that they are defrauding their wireless consumers. The complainants assert that the wireless network has misled and deceived them by extending their wireless contracts without their consent.

This statement from the plaintiffs in the 23-page complaint that was filed in Illinois federal court will explain,

“Defendants have misled and deceived consumers by extending consumers’ contracts for up to two years without providing adequate notice or obtaining meaningful consent to a contract extension when consumers made small changes to their telephone service, such as adding extra minutes or purchasing a new telephone; when they responded to solicitations by defendants for additional products and services; and when the consumer received ‘courtesy discounts’.”

This is a serious charge indeed. I guess you realize that being locked in a wireless contract without your consent is a problem. You will be forced to commit to that contract for at least two years and you will have to pay a fee to opt out of the contract. But the biggest issue here is the alleged deception and fraud of customers.

Being accused of deceiving customers is costly because the competition in the mobile phone industry is intense. If customers associate Sprint with shady practices and deceptive techniques then they will do business with other wireless networks. However, Sprint has protection from class action suits. The wireless contracts they require customer to sign have statements that guard against class action suits. Sprint Nextel's terms and conditions state that,

We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.

And another wireless contract statement from Sprint also expresses that,

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

These statements clearly indicate that Sprint has anticipated that they might be under sieged from class action suits. The complaints that have signed the contract may be bound to these conditions. However, the law will decide what will happen in the end.

So far, 2008 has not been great for mobile phone networks. Class action suits have been filed against them and they stand to lose a lot if the complainants emerge victorious. Verizon for instance may have to shell out billions in early termination fee refunds. The bad publicity these suits generate can also have negative effects on the networks.

I hope that this complaints will move them into initiating fair business practices and more customer friendly programs.

Mobile Phone Directories and Consumer Privacy

While I was surfing the net, my eyes caught an interesting Mobileburn article. It was about Verizon Wireless condemning data mining of wireless phone numbers in order to some sort of a directory.

The article indicated that a certain company is making plans to sell the wireless phone numbers of private citizens to interested parties. The company made it known through their website that it will offer “unlisted or unpublished” numbers and will identify the wireless service provider of consumers' for a fee. And how will this company gather the numbers and info of private citizens?

Apparently, the company will mine the information about a consumer's personal number and carrier from the World-Wide-Web, personal Web pages and other sources. The controversial aspect of their method is that they do not have the consent to gather personal information of consumers who own the rights.

How about you? Do you feel that that data mining of mobile phone numbers should be illegal? For my part, I don't think that this method should be allowed. I wouldn't want my cellphone number and other personal information to be distributed to people I do not know. The possibility of being bombarded by ads and other offers is also not an idea that I would welcome.

For these reasons, I am glad that Verizon Wireless called on that company to halt the mining and sale of wireless consumers' personal information. This wireless network prides it self in having a long-standing policy of keeping its customers’ wireless numbers private. The wireless contract or Term and condition of Verizon Wireless clearly states that,

"We don't publish directories of our customers' phone numbers. We don't provide them to third parties for listing in directories either."

This statement from the carrier's wireless contract indicates that they are aware that customers consider their wireless phone numbers as private. They also feel that wireless phones should be free from intrusions from telemarketers and other unsolicited calls and messages.

Let me give you other wireless contracts or terms and conditions that have policies against mobile phone directories and third parties. AT&T's wireless contract emphasizes that,

AT&T IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Third-party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies may differ among AT&T's content or service providers and you are bound by such policies when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content provider or service provider. Any information you involuntarily or voluntarily provide third parties is governed by their policies.

AT&T's terms and conditions do not openly state that they are against data mining of wireless phone numbers in order to some sort of a directory. They do make it clear that they are not involved with companies or any party that may attempt to do so. This carrier also puts the responsibility on their customers. I have to say that I prefer Verizon's stand on this issue. Anyway, let's move on to T-Mobile.

T-Mobile's terms and conditions states that,

We may list your name, address, and Number in a published directory with your consent. For more information on our privacy policies, please see our privacy notice at www.t-mobile.com/privacy. The way third parties handle and use your personal information is governed by their policies and we are not responsible for their policies, or their compliance with them.

T-Mobile has a softer stance on mobile phone directories. However, it will not publish your information without your consent. They also warn their customers that they have no power over third parties so customers have to exercise caution.

Lastly, here is US Cellular's stand on directories as stated in their Privacy Policy,

We will never disclose your CPNI or Personal Information to any third party other than in connection with collecting delinquent amounts owed us such as to a collection agency or credit bureau. U.S. Cellular® does not publish or support wireless directories of our customer phone numbers nor do we make this information available to third parties for listing in public directories. We may release CPNI and Personal Information about you or your account when necessary or appropriate in special circumstances such as when we, in good faith, believe that disclosure is required by a subpoena or other lawful process to enforce our Customer Service Agreement or protect the rights, property, or safety of U.S. Cellular®, our customers, or others. Disclosure may also be required in connection with a sale, purchase, merger, reorganization, liquidation, or dissolution involving U.S. Cellular®.

Like Verizon Wireless, US Cellular stress that they do not support wireless directories that contain the personal information of their clients. They also assure their customers that they will not make their information available to third parties for listing in public directories.

I guess that's all I can post today. I am oppose to companies that gather information about wireless customers in unethical ways. If you are also concerned about keeping your personal info private, then I suggest that you look into your wireless contract and find out how your privacy is being safeguarded.

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.

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.

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.

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.

Early Termination Fees of Wireless Phone Contracts

Service industries such as mobile phone phone service and subscription television commonly have termination fees or early termination fees (ETFs) as they are more commonly known. However, the imposition of these fees have been criticized by consumer interest groups. These fees prevent users from migrating to superior services so they are labeled as being anti-competitive.

The process usually works this way. A person purchases cellular phone service from a particular wireless carrier. He or she might be required to sign a two-year contract in order to avail of the service. Now that contract might stipulate a $200 fee in the event that the customer breaks the contract or wants to opt out of it.

The clamor and the disputes about the unfairness of early termination fees in wireless phone contracts have lead to positive changes. Verizon wireless was the first carrier to give in when it announced that it will prorate it's early termination fee. AT&T followed Verizon's lead and other carriers namely, T-Mobile and Sprint, have also decided that they would begin prorating their ETF in the first half of next year.

Now, what does a prorated early termination fee entail? The customer will still have a to pay a fee for ending the contract abruptly. However, the amount will decrease as the decision to end the contract early gets closer to the contract end date. This means that a customer will no longer be forced to pay the original fee if he decides to end the contract.

Here's a list of the current termination fee for each major wireless carrier:

Alltel: $200 per phone line

AT&T: Prorated

Sprint: $200 per phone line (to be prorated next year)

T-Mobile: $200 per phone line (to be prorated next year)

Verizon: Prorated

So far, Alltel has not made any announcements on making it's ETF prorated. However, it may lose customers if it remains as the only carrier to have a non prorated early termination fee next year. It would be logical to assume that the company will also follow the examples of other wireless networks to keep their consumers happy.

Wireless Phone Contracts and Privacy (Part Two)

This is the second part of my post about the privacy policy of major wireless phone service carriers.

In the first part I gave some information about the policies of Alltell, AT&T and Sprint Nextel on the issue of privacy. I also talked about the Customer Proprietary Network Information, or CPNI. This term refers to the information collected from you that is made available your carrier solely by virtue of their relationship with you. This information includes the quantity, technical configuration, type, destination, and amount of your use of the telecommunications services you purchased.

Now let's proceed with the remaining major carriers that were not included in the previous post. Let's take a look at what T-Mobile has to say about their customer's privacy:

Wireless systems use radios to transmit communications over a complex network. We do not guarantee that your communications using the Service or Products will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We may (but are not required to) monitor, intercept, and disclose your transmissions, location or communications and may disclose your billing, account, calling records, or other information, in good faith reliance on legal process, if required by law or to protect our rights, business, network or customers. We may locate you through our network. Your caller identification (such as your name and Number) even if unlisted may be displayed to others (for example, on the equipment or bill of the person receiving your call or any Internet site you visit.) We may list your name, address, and Number in a published directory with your consent. The way third parties handle and use your personal information is governed by their policies and we are not responsible for their policies, or their compliance with them.

T-Mobile is giving the customer the responsibility of taking precautions when using their device which is perfectly fair in my view. Being careful when using a mobile phone is always a good idea. They may also reveal gather information about you if the law requires it. However, they also stress that they have no control over how third parties may handle your personal information. You can visit www.t-mobile.com/privacy to get in depth info about their privacy policies.

Now let's proceed to US Cellular's policies on Privacy. The Customer Service Agreement of US Cellular states that they may, " release information about you or your account when required by a subpoena or other lawful process. We will not provide you with notice of such requests." I think that their statement is very clear.. unless you have some trouble with the law then you can be sure that your personal information is safe.

US Cellular also reassures their customers that the company is dedicated to providing superior customer satisfaction and is committed to protecting customer privacy. They will take this responsibility seriously as a key component to earning and maintaining their customers’ trust. US Cellular's associates adhere to a Code of Business Conduct that supports our commitment to protecting customer privacy. This is pretty reassuring piece of info. You can find the company's policies and practices pertaining to the use and protection of customer information at their website's Privacy policy page.

Now let's wrap this up by checking out Verizon Wireless' privacy policy. The company's Customer Agreement states that,

We may use and share information about you and how you use the services: (a) so we can provide our goods or services; (b) so others can provide goods or services to us, or to you on our behalf; (c) so we or our affiliates can communicate with you about goods or services that any of us offer (although you can call us any time if you don't want us to do this); (d) to protect ourselves; or (e) as required by law, legal process, or exigent circumstances. In addition, we may include our own or third-party advertising in the services you've purchased from us, and we may share information about you with affiliates, vendors and third parties to, in addition to the above reasons, deliver relevant advertising to you while using the services. We may collect and transmit information regarding your use of the services through applications or other software present on your device. If you do not want us to collect, transmit or use such information about you for the above purposes, you should not use the services; by using the services, you expressly authorize us to use your information for these purposes.

Verizon may collect information about their users and reveal them to third parties for several reasons including requirement by law. They also stress that the customer may choose not to use the services if these conditions prove to be unfavorable or violate the user's privacy.

I hope that I provided some insights and information on the privacy policy of various wireless service providers. I think that it's always good to research and compare options to find the most appropriate choice. Hopefully, you can find a service that will give the best protection of your personal information or privacy.

More-Flexible Contract Terms for T-Mobile Customers

This month T-Mobile USA, Inc. announced that customers entering into contracts for their service will benefit from a new and more flexible policy due to upcoming changes. For example, there will be a decline of early termination fees (ETFs) during the course of a customer’s contract with T-Mobile according to the new guidelines.

The world class company T-Mobile USA, Inc., is a member of the T-Mobile International group that is based in Bellevue, Washington. This company specializes in mobile communications, and is the mobile telecommunications subsidiary of Deutsche Telekom AG. This wireless company's innovative wireless products and services help empower people to connect effortlessly to their family and friends.

T-Mobile is ranked highest by multiple independent research studies in terms wireless call quality and wireless customer care. This year, the company also earned the highest ranking from the J.D. Power and Associates 2007 Wireless Customer Care Performance Study – Volume 2. This award marked the sixth consecutive period that T-Mobile has held the top spot in customer care.

Sue Nokes, senior vice president, Sales and Customer Service, T-Mobile USA explains that,

“T-Mobile is widely recognized as the undisputed service leader in wireless. We want to do everything possible to create a great experience so customers want to stay with us for years. This announcement builds on our heritage of listening closely to our customers and always striving to meet their needs.”

During the first half of 2008, the new ETF policy, and the specific details of the policy, are expected to be finalized and introduced. New customers as well as current customers renewing contracts with T-Mobile will all benefit when the new terms become effective.

If Your cellphone is Lost or Stolen....

Have your ever lost your cell phone? Maybe someone stole it from you or you've left it behind at school. If you this situation has happened to you then you should know the proper steps that should be done. You wireless carrier might have a certain policy that will be applied in this situation. Let's have a look at these policies.

AT&T 's service agreement states that,

If your wireless phone or other device ("Equipment") is lost or stolen, you will be responsible for all charges incurred on your phone number until you report the theft or loss and provide a police report number to us. After you report the theft or loss to us, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any monthly service fees.

This means that it is important that you should immediately inform AT&T if your phone was stolen or if you have lost it. You don't want to be charged with all the calls on your stolen or lost phone on top of the misery of having lost it.


If you signed a deal with Verizon Wireless then you should remember that,

If your wireless phone is lost or stolen, it is very important that you notify us immediately for your own protection, so that we can suspend your service to prevent further usage. If your bill shows charges to your phone after the loss but before you reported it, and you want a credit for those charges, we will investigate your account activity. You do not have to pay the charges you dispute while they are being investigated to determine whether the charges resulted from usage by someone not authorized to use the phone. Further, if we haven't given you a courtesy suspension of recurring monthly fees within the prior year, we'll give you one for 30 days, or until you replace or recover your wireless phone, whichever comes first. You may need to provide further information regarding the theft or loss if we ask for it.

Verizon's stance on the loss or theft of a cellphone is softer than that of AT&T but it still stresses the importance of reporting the loss or theft of the wireless phone immediately. They are also offering a suspension of recurring monthly fees until your replace or recovered your phone provided they did not give you a suspension a year earlier.
Sprint/Nextel has this to say about the loss or theft of a wireless phone:

Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). We may not waive any Early Termination Fees if you choose to terminate Services as a result of loss or theft of your Device.

Their policy is basically the same with other carriers. Informing them of the loss or theft is extremely important. However, if you choose to terminate Services after losing your phone they may not waive any early termination fee.


T-Mobile's terms and conditions states that,

If your Phone is lost or stolen ("Lost Phone") you will not be liable for unauthorized airtime charges incurred on the Lost Phone if you: (a) notify us immediately; (b) ask us to deactivate the Lost Phone; and (c) provide within 14 days any documentation we request, including a police report. You must fulfill the remainder of your Term by activating a replacement Phone (which may be full price) or the cancellation fee will apply.

Again this policy emphasizes the importance of letting the carrier know about the loss or theft of the cellphone. T-mobile also stresses that a customer must activate a replacement phone if he or she loses the original device.

It's clear that informing your wireless carrier is the first step you should make when you lose your wireless phone. It also helps if you have proof of the lost of your phone because investigations will follow. However, the best way to avoid this situation is to take better care of your wireless phone so that you won't misplace it or have it stolen by a dishonest person.