Showing posts with label wireless carriers contracts. Show all posts
Showing posts with label wireless carriers contracts. Show all posts

Tuesday, June 8, 2010

Class Action Suit Against Verizon Wireless Now Allowed

Here's some good news for consumers who have some wireless contract grievances against the nation's largest carrier. Last month, a federal appeals court has ruled that Verizon Wireless customers can resolve disputes over alleged fraudulent cell phone charges on wireless contracts as a class.

The former ruling only allowed consumers to dispute fraudulent cell phone charges on wireless contracts individually through arbitration.

Verizon's wireless contract states that disputes should only be arbitrated individually. However, various consumer advocates say this can unreasonably favor companies since it makes arbitrations, especially small claims, very expensive.

This decision made by the U.S. Third Circuit Court of Appeals in Philadelphia is more consumer friendly towards those who wish to dispute any wireless contract problems a s a class.

That's it for this wireless contract update on class action suits. Tune in next time for more on the latest happenings in the world of cell phone contracts.

Wednesday, June 11, 2008

The Battles Over the ETF Policies of Wireless Contracts

I have often blogged about ETFs or early termination fees in this wireless contract blog. That's no surprise because ETF's are probably the most controversial fees charged by wireless contracts.

These fees are very restrictive and expensive. The huge numbers of contract disputes and consumers complaints arising from early termination fees have been documented. All you have to do is to visit consumer rights websites, and you'll see that plenty of consumers are unhappy with these fees and the wireless contract policies that enforce them.

Currently, significant battles or disputes over early termination fees raging in major courts while carriers are being encouraged to make commitments on embracing consumer-friendly practices and opening their networks. The current scenario indicates that the foundation of a decades-old reign of ETF's are under attacked on all sides and it could be on its way out. I'm sure many consumers would like to see the demise of ETF wireless contract policies. Let us explore it more deeply.

Apparently,
the mobile phone industry’s long-held argument that ETFs allow carriers to recoup costs associated with subsidized handsets are being undermined by a series of class-action lawsuits in California state court against national cellular carriers. Complainants feel that ETF's have another purpose and they intend to show the ETF was embraced as an arbitrary penalty. Experts say that other suits will use the same line of argument in pending class actions.

The disputes are also being held in the nation's capital.
CTIA continues to lobby the Federal Communications Commission to approve a 2005 request to declare ETFs a component of wireless rates and therefore off limits to states. A 1993 law pre-empts state regulation of wireless rates, but reserves limited powers over “terms and conditions” to states. Some senators are also pushing a wireless consumer empowerment bill that would mandate pro-rated ETFs.

Experts are also saying the the impact of these battles over wireless contract ETF policies might be significant. For example, if courts rule in favor of the complaints then carriers may be forced to pay huge amounts of money. Some estimates say that the figures run in the billions.

The disputes over early termination fees might also have a huge impact on
churn or the transfer of consumers from one carrier to another. Some carriers may be deeply affected if frequent shifts in subscribership results from the absence of wireless contract ETF policies.

I guess there's nothing we can do but wait. the battles are still raging and there are no clear winners. Tune in to this blog for more updates on wireless contracts, early termination fees and related topics.

Tuesday, May 20, 2008

Sprint May Change Wireless Contract to Limit Data Usage

Here's some bad wireless contract news for Sprint Data subscribers.

According to sources at the Sprintusers. com forum, Sprint will be updating its Terms Of Service or wireless contract in mid-July and will be capping its mobile broadband data usage at 5GB. A sad bit of news for subscribers who enjoyed the unlimited services of "best data" carrier.

Here's the statement that conveyed the decision:
Sprint reserves the right to limit throughput speeds or amount of data transferred and to deny, terminate, modify, or suspend service if usage exceeds 5GB per month in total or 300MB/month while off-network roaming. Check your subscriber agreement rights on Sprint.com

Before this disheartening announcement, Sprint was praised for offered truly unlimited mobile broadband. Remember that once the new Terms Of Service or Cwireless contract policy becomes active, users who go over the 5GB cap, or a 300MB roaming cap will incur extra fees. This policy will be applied to both network cards as well as tethering mobile phones to laptops.

Sad as it may seem this decision is not out of line with other carriers. AT&T and Verizon Wireless also impose the same limitations to subscribers. I guess, it's in Sprint's interest to place the cap on mobile broadband data usage. However, these means that many Sprint subscribers will migrate to other carriers. I thought Sprint was trying to keep their subscribers from migrating to other networks.

Some experts say that the CAP could be rolled out in advance of the QChat introduction. Sprint may have a vested interested in cleaning up their network throughput because QChat will replace the older iDen Direct Connect and requires EVDO Rev A. The impact of the data cap on the widely anticipated WIMAX rollout is an object of interest for those in the know.

Anyway, this is being seen by some as a good opportunity to cancel their Sprint wireless contract due to a material change in the policy. Disappointed subscribers have the normal 30 day window to cancel without paying the ETF or early termination fee fee. If you have been waiting for a good opportunity of getting out of a Sprint wireless contract then this maybe your chance.

Monday, May 12, 2008

New Class Action Suits Filed Against Sprint and Verizon

Here we go again. It seems that class action suits are once again targeting wireless carriers. I have made several post that documented the disputes between carriers and customers over wireless contracts and other aspect of consumer-seller relationship. Let's take a look at the case filed against Sprint.

Sprint has been the subject of numerous class action suits and this time the mobile phone carrier has been accused of charging subscribers for unauthorized mobile content. A similar complaint was hurled against Alltel more than a month ago in Illinois federal court.

Subscribers have accused
Sprint of billing customers of unauthorized charges that are caused by collaboration between wireless carriers and aggregators that represent premium mobile content providers. The lawsuit that began in state court before being moved to federal court in Kansas states:
“Sprint has for years been systematically, repeatedly and without authorization, billing its customers for purchases of products and services not agreed to by those customers. Sprint and third-party service providers have, on information and belief, profited significantly through this practice.”

In response to this accusation, Sprint emphasized that they are adhering to standard industry practices. A spokesman commented that "we adhere to the Mobile Marketing Association guidelines which emphasize the need for subscriber consent before third-party content is delivered to a handset.”

Sprint's wireless contract devotes a paragraph to third party-content. Here is a part of that paragraph

To protect our network, Services, or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.), impose separate charges, limit throughput or the amount of data you can transfer, or otherwise limit or terminate Services. If we provide you storage for Data Content you have purchased, we may delete the Data Content with notice or place restrictions/limits on the use of storage areas. You may not be able to make or receive voice calls while using data Services.
Let's now look at the class action suit launched against Verizon Wireless. The wireless carrier is once again being accused of violating the Fair Credit Reporting Act. The complaint filed inn Alabama federal court claims that TransUnion L.L.C. and Verizon are ruining the credit of a wireless subscriber. Verizon Wireless and Alltel Communications L.L.C.. were also accused of violating FCRA laws in Pennsylvania and Georgia federal courts because of alleged breaches of credit privacy.

According to the plaintiff, Verizon Wireless is continuously trying to collect more than $1,000 from him. He feels that this is unlawful because The carrier falsely reported the disputed debt on his credit reports. The plaintiff claims to have followed Verizon Wireless’ instructions with regards to dealing with possible identity theft by filing l out a police report and sending a copy to the carrier.

Unfortunately, the problem remained even though, a collection agency later received the police report. The plaintiff was forced to
contact TransUnion L.L.C. and Equifax because the overdue account remained on his credit reports. Equifax responded by removing the account but TransUnion allegedly did not do the same.

Verizon declined to release any statements in response to this accusations. Here is a part of Verizon's wireless contract statements on credit information,

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. It’s illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality assurance, we may also monitor or record our calls with you.
I hope that both parties can sort out their differences and reach a settlement. Of course, it would be naive to think that wireless contract disputes and other problems will cease.The mobile phone industry is among the leader at customer complaints so it's unlikely that customers will stop filing complaints against their service providers.

Thursday, April 24, 2008

Two Carriers Defy Class-Action Suit over Credit Privacy

I've blogged about disputes and conflicts between customers and Mobile Phone carriers in this wireless contract info blog. Most of these disputes originate from problems over wireless contract polices.

Now it seems that plaintiffs’ lawyers have found a new weapon to pursue class-action consumer litigation against the mobile-phone industry. It's known as the "Fair Credit Reporting Act". After doing a bit of research I found out that the Fair Credit Reporting Act is an American federal law that regulates the collection, dissemination, and use of consumer credit information.

Amendments made to the FCRA about five years ago, orders that account information on printed receipts given to customers should be significantly limited by businesses that accept credit cards or debit cards for payment. This new guidelines have been imposed by early December 2006.

Recently, class-action lawsuits have been filed against Verizon Wireless and Alltel Corp. because of alleged noncompliance with the law. The financial implications of the class-action suits are potentially massive because both companies have millions of subscribers.

If a court finds willful noncompliance with the law, then the consumer is entitled to a maximum of $1,000 in statutory damages, plus actual damages, punitive damages and reasonable attorney’s fees and costs.

The lawsuit against Alltel states that:
“Although defendants had up to three years to comply, defendants have willfully violated this law and failed to protect plaintiff and others similarly situated against identity theft and credit card and debit card fraud by continuing to print more than the last five digits of the card number and/or the expiration date on receipts provided to debit card and credit card cardholders transacting business with defendants,

In court filings, Alltel and Verizon Wireless have denied allegations in the lawsuits. Let's see the wireless contract policies of both carriers when it comes to credit information. I have posted on this topic before but this should refresh you minds.

Here is Verizon Wireless contract policy on customer credit information.
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.
This is a very interesting piece of news because of its possible impact. Verizon has a lot of customers so this may be a big blow for them. The same goes for Alltel. It's a smaller company so it would be interesting to see how they handle themselves if the court rules for the plaintiffs.

Wednesday, April 16, 2008

Wireless Contracts and the CTIA Mobile Phone Tax Petition

I stumbled upon some interesting mobile phone news today. I found out the CTIA is petitioning for a five-year hiatus on new discriminatory state and local wireless taxes. A new bill was also drafted to put this petition into action.

I was intrigued by these scoop because wireless taxes are part of the wireless contracts offered by mobile phone carriers. But before we look at the wireless contract policies that deal with these taxes, let us first go over the details of the petition.

CTIA issued the petition for a five-year ban on any taxes on mobile phone bills because these taxes may slow the growth of the wireless phone industry. The Association based the petition on studies indicating state and local wireless taxation receive nearly fifteen percent of each mobile phone bill. The researches also show that the taxation rate on wireless bill grew four times than that of other goods and services in the last four years.

In support of the CTIA petition to impose a five-year freeze on new discriminatory state and local wireless taxes, Reps. Zoe Lofgren (D-Calif.) and Chris Cannon (R-Utah) introduced a bill.
The bill that was introduced to the House of Representatives is called the "Cell Tax Fairness Act".

About a year ago, presidential candidate John Sens. John McCain (R-Ariz.) and Jim DeMint (R-S.C.) sponsored a similar legislation. The bill they authored would mandate a three-year moratorium on new discriminatory wireless taxes by states. There are also some bills that may have an impact on the wireless industry such as the The Wireless Consumer Protection Bill and the The Cell Phone Consumer Empowerment Act of 2007.

CTIA President, Steve Largent made this statement to explain the petition:

“Keeping wireless taxes at a fair and reasonable level is critical to growing the economy and making the workforce more productive, efficient and informed. We should do everything in our power to remove the roadblocks -- such as excessive, discriminatory wireless taxes -- that stand in the way of progress.”

Now let us see a few wireless contract policies that deal with government and state taxes. Here is the policy from Sprint. This statement indicate that Sprint is required to collect taxes that may change without any notice. You have to provide a genuine certificate if you want to be exempted from any taxes.
You agree to pay all federal, state and local taxes, fees and other assessments that we're required by law to collect and remit to the government on the Services we provide to you. These charges may change from time to time without advance notice. If you're claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won't be applied retroactively.
Here is Verizon's version.This policy is similar to Sprint's policy. A certificate is required for exemption claims and notices may not be issued.
You agree to pay all taxes, fees and surcharges set by the government. We may not always give advance notice of changes to these items. If you’re tax–exempt you must give us your exemption certificates and pay for any filings we make.

Well, I hope that CTIA's petition and the Cell Tax Fairness Act will be approved. I'm sure that all wireless consumers can appreciate a ban on wireless taxes. The wireless contract policies show that subscribers are required to pay them so we can all benefit from the petition and the bill.

Wednesday, April 9, 2008

Break Free from Expensive Wireless Contract Fees

There is no doubt that people spend a lot of money on mobile phone expenses. They spend a significant amount of money on minutes, mobile phones, plans and fees. No one can also deny that this is a business so carriers are also trying to make a profit through the services they provide to customers.

Many experts have observed that making a phone call has become less expensive. A great example of this trend is the unlimited calling plans that have been launched by wireless carriers. For a hundred bucks a month, a subscriber can make unlimited phone calls!

The trend of less expensive calls also indicate that carriers to market data plans. After all, this the the age of the Internet so it's only logical that data plans would become a good source of income for carriers.

Carriers have also turned to text messaging as a goos source of income. Many text messaging providers have installed a series of increase on text messaging rates in the past few months. Text messaging rates in some wireless plans recently increased from 15 cents to 20 cents.

These changes prompted many consumers to explore the option of canceling their wireless contract without paying any termination fee. Many wireless contracts have a clause that allows the subscriber the option of opting out of a contract if a change in fees have a material effect on your service.

However, caution must be applied with using this option. A consumer should examine the policies of a wireless contract before informing the carrier of this decision. Keep in mind that an early termination fee is charged to customers who choose to switch to a different cell phone carrier before the contract expires. Due to consumer complaints, cell phone providers like AT&T have decided to decrease this penalty as the consumer moves closer the end of his or her contract.

To avoid paying for fees attached to carrier switching, some consumers use third party carriers. These sites usually work by matching prospective buyers with cell phone owners with prospective buyers. The site would require a small fee to allow a consumer to post wireless contract terms. The site will then facilitate the transfer opf contracts between a buyer and an owner.

Consumers who want to settle disputes with their carriers may find success by negotiating near end of their wireless contracts. Carriers may give in to your demands if you express that you are thinking about transferring to another carrier if some fees are not reduced or waived. The stiff competition in the mobile phone industry may work in your favor.

Consumers should also exercise caution when they decided to add a new service or make changes to their wireless plans. Carriers may automatically renew your wireless contract if you make changes to your plan or activate new services. Many wireless contract disputes have originated from contracts being renewd without the knowledge of the consumers.

Thursday, March 27, 2008

Suit Attacks Class Action Ban on AT&T's Wireless Contract

Recently, a class action suit against AT&T was filed in the federal court in Washington state. This complaint wants to invalidate the class-action ban AT&T Mobility’s wireless contracts.

Mobile phone service providers usually place
class-action bans or waivers in their wireless contracts as a form of protection against legal action. However, these policies have been criticized by consumer rights groups and by subscribers. These policies have also not prevented angry and dissatisfied customers from filing suits and legal complaints against mobile phone carriers.

Harvey Rosenfield, a lawyer with the non-profit Foundation for Taxpayer and Consumer Rights made a statement regarding the significance of this complaint. He explains that, “At stake here is the right of AT&T customers to get a fair hearing and obtain justice. If the court rules that AT&T and Cingular's customers cannot join together to sue these companies, then the companies will never be held accountable.”

According to the plaintiffs, that
Cingular Wireless promised regulators and the public that customers would continue to enjoy the same quality service when it merged with AT&T Wireless. Problems began to surface when Cingular allegedly degraded the quality of the AT&T network. It was alleged that this move was designed to force AT&T customers into moving to Cingular's network, paying an $18 upgrade fee, buying new phones and signing up for new two-year plans. To make matters worse, early termination fees of $150 or more were charged to dissatisfied consumers who wanted to move to a different Mobile phone service provider.

In response to this complaint, AT&T released statements regarding the way the handle consumer complaints and grievances. The company stated,

“We continue to believe that a consumer is better off pursuing a claim under our arbitration clause, rather than pursuing a class action. Arbitration is typically a fast, cost-effective, and pro-consumer way to address disputes, and AT&T's arbitration agreement is among the most consumer-friendly in the nation. “In fact a year and a half ago we changed our arbitration clause to make it even more consumer friendly. Our current arbitration clause calls for the company -- if it does not settle a consumer complaint and loses arbitration -- to pay the greater amount of either the arbitration or the state's statutory definition of a small claim (commonly $5,000). Also, if the consumer has used a lawyer in winning an arbitration case, the company would pay two times the lawyers fees. Finally, we pay the entire cost of the arbitration.”
This is certainly interesting. AT&T responded to the complaint when carriers facing class action suits decline any comment. I hope that this dispute will be resolved and end in a compromise that will be fair for both parties.

Monday, March 3, 2008

AT&T Reimburses Customers for Third-Party Scams

I just came upon an interesting piece of news. it seems that thousands of Florida customers were billed for third-party services such as ringtones and text messaging that were advertised as free. As a result AT&T Mobility has agreed to reimburse these customers in fees that could amount to more than $10 million. That's a lot of dough.

According to this CNN Money article , the blame rests in third-party companies. Apparently, these companies advertise ringtones and other services on the web and promised customers that the service will not cost them anything. The problem begins when teenagers sign up for these "free" services without consent from their parents. When the monthly bills arrived and parents find charges on their wireless bill, they would naturally complain to customer service.

The charges that appear in the monthly bills are often unclear so AT&T Mobility has agreed in the settlement to police such agreements with third-party providers. They will clarify what the charges are for as part of the agreement. The wireless carrier want to make amends for the damage done by this fraudulent and deceptive advertisements.

This news intrigued me so I decided to look at the wireless contract of AT&T. I want to see if the AT&T wireless contract contains any provision or policy on third-party services. Well, I scanned the terms and Conditions and observed that AT&T has mentioned third parties numerous times. Here is the statement that may be most relevant to this issue,
Certain information or content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice. 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. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information or downloaded data is not guaranteed or warranted by AT&T or any content providers or other third party. Delays or omissions may occur. Neither AT&T nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service. You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither AT&T nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever.

The wireless contract of AT&T states that they are not responsible for any information, services or goods provided by third-parties. Then, Why did the company agree to reimburse the customers who were charged for the third-party services? My guess is this policies were updated after this issue came out, AT&T has change the wireless contracts to protect itself from similar incidence. However, I'm not sure about this. Perhaps these statements were already in the contract before this issue became public.

I think they did the right thing. By agreeing to reimburse the customers victimized by these scams, AT&T can maintain a reputation as a just company. And by stating in their contract that they are not responsible for any services provided by third-parties, the company is protecting itself from problems that may stem from these companies.

The important lesson to learn here is that one not trust third-party services easily. The offers made on the Internet should not be trusted unless they have been verified. The wireless contracts of carriers already have statements that protect the carriers from these scams, so wireless customers should avoid getting mired in these fraudulent practices.

Wednesday, February 20, 2008

Some Things to Look at before You Sign a Wireless Contract

Many cell phone companies are offering attractive mobile phone plans to encourage people to hire their services. For example, a few major wireless carriers just announced that they are now offering plans that provide unlimited calling texting. However, before you can enjoy this great wireless plan benefits you must sign a wireless contract.

The benefits and promotions that go with some postpaid wireless plans are tempting but there a few things you need to look at before you sign your name on the dotted line. Keep in mind that a contract will keep you locked into a plan and carrier for at least a year so you have to choose a plan that wont give you regrets.

One of things you need to focus on before you sign a wireless contract is the trial period. Wireless carriers usually grant their customers a trial period before they commit to a certain wireless contract. You should use this time to judge if the device or the features of a wireless plan fit your lifestyle and your budget.

You should also keep an eye on the activation fee before you commit to a wireless contract. Long term contracts usually have less expensive activation fees than contracts that last only for a year. You can also generally get more discounts on a long term contract but there also some risks involved. Since the you will be stuck with a plan for a long time, you may also spend more in repairs and other expenses. You will also have to spend more time being stuck with an unwanted contract if it turns out that your lifestyle does not match your wireless plan.

Looking at your usage patterns is also a good idea before you sign on the dotted line. If you want to save money then you should make sure that the wireless plan you choose will match your usage pattern. If you sign a wireless contract that does not match your needs then you might find yourself paying a costly monthly fee. You might even discover that you don't need to sign a contract after a careful examination of your usage pattern. A prepaid wireless plan that does not require a contract might be more suitable for your calling practices.

You should also look at the the penalties or fees that are attached to a contract. The biggest fee that you can incur is probably the early termination or the penalty you incur for canceling a contract before the contract term expires. It would probably be smarter to go for a contract with a prorated termination fee so that you won't be forced to pay the full amount if you have only finished a few months of your contract term.

These are just some of the factors that you need to look into before you sign a mobile phone contract. It is always important to examine every angle before you make a decision. Asking questions is also a good idea as well as comparing the offers. I hope that this post gave you some useful info and insights. I also hope that you'll be able to sign on a wireless contract that will fit your needs.

Thursday, February 14, 2008

Cancel Your Wireless Contract Without Paying for the Early Termination Fee

Many consumer groups and customers feel that the early termination fees that are charged by wireless carriers are unfair. This fees prevent people from withdrawing their commitment to a wireless contract and discourages them from transferring to another service provider.

These complaints eventually caused some networks to become less strict with the early termination fees of their wireless contracts. They have done away with fixed fees and have chosen to go with prorated fees which are more consumer friendly. However, the dispute on early termination fees are not yet over. For instance, a class action suit has recently been certified against Verizon Wireless due to the early termination fees they have charged their customers.

Early Termination fees may dampen the spirits of unsatisfied wireless customers but there are actually legal ways to terminate a contract with out paying a fee. A customer simply has to read the wireless contract he signed in order to discover these ways. Let me enumerate some of the ways in which people can cancel their cellphone contract without paying any termination fees.

One of the best ways to avoid paying an early termination fee is by canceling your wireless contract within a month or thirty days of accepting it. I've looked at the Terms and Conditions of many contracts and thirty days seems to be the standard for the early cancellation of a contract. I even found out that with AT&T you can even receive a refund if you cancel your contract within three days of signing it.

However, you will still be charged for any services that you used within this 30 day period. Returning the device and accessories that are pert of the long term deal or wireless contract is also a requirement. Here is a statement from AT&T's terms and conditions that deals with early cancellation:
You may cancel your service, for any reason and without incurring the Early Termination Fee, within thirty (30) days of signing your Wireless Service Agreement, PROVIDED, however, that if you cancel service you will remain responsible for any service fees and charges incurred. If you cancel within three (3) days of signing your Wireless Service Agreement, you will be entitled to a refund of your activation fee, if any. If you exercise this option, you may be required to return devices and associated accessories purchased in connection with your Wireless Service Agreement.
Another way of escaping from a wireless contract without spending a dime for the early termination fee is by canceling it after the carrier initiated a "material" change in the contract. Mobile phone service providers, give their customers to opt out of their contracts if a change they made causes adverse effects. Customers who cancel their contract within a certain period after the material change takes effect are not required to pay any early termination fee.

This statement from Sprint Nextel's Terms and Conditions describe cancellation after a material change in the services and also includes the conditions a customer has to follow to become exempted from paying an early termination fee,
We will provide you notice of material changes, and may provide you notice of non-material changes, in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.
These are just a couple of legal ways of ending a troublesome contract. I'm sure that there are a few more ways to end your commitment to a wireless contract you find unacceptable. The best way to find one is to read the contract or ask questions. I hope this information can help you become free from an unwanted wireless contract.

Wednesday, February 6, 2008

Protecting Consumer Privacy

In my last post, I blogged about the efforts of Verizon Wireless to stop a company from mining the Internet and other sources to get wireless phone numbers and other private info. The company's aim was to create a profitable mobile phone directory.

Verizon Wireless is staying true to the privacy statement found in their wireless contract or Terms and Conditions. Let me post that lovely statement from the wireless contract of the "most reliable wireless network" again,
We don't publish directories of our customers' phone numbers. We don't provide them to third parties for listing in directories either.

Well, I found an update to this consumer privacy crusade of Verizon and other consumer rights groups. This article reported that after receiving numerous complaints, the controversial company, Intelius Inc. has made a decision to shut down the service. This is certainly good news for consumers who want privacy protection from their wireless contracts, cellphone network and consumer rights activists.

Intelius Inc. made a mistake by launching their online directory assistance for cell-phone numbers. Their website claims to have 90 million numbers in its database and for $15 each, interested can have as many numbers as they want.

In the face of stiff resistance, Intelius had no choice but to give up a potentially lucrative service. Liz Murray, a spokesperson for the besieged company explained her company's decision in this statement,
"As a company, we have strived to be at the forefront of innovation. We realize that in this instance we may have been ahead of our time. Wireless carriers attempted to develop a similar product a few years ago and found the market wasn’t ready; it’s clear that the market is still not ready. We always listen carefully to our customers, which is why we recently discontinued our cellphone directory.”
Well, I agree with them that the market isn't ready yet for this service. Many attempts to create a similar directory have failed in the past. For instance, CTIA — The Wireless Association unsuccessfully attempted to create a cell-phone directory. However, opposition from consumers and legislators forced them to abandon their project.

But then again, who would want to have their privacy violated. If a company offers personal information without getting the consent from private citizens. This unethical method will always be assailed by consumer rights groups, legislators and other concerned individuals.

I hope that legislators can successfully pass a law that would prohibit the marketing of cellphone numbers without consumer consent. Wireless contracts and carriers may not be able to provide complete protection for their subscribers. Perhaps this may also be a chance for you to find out if you are being protected by your wireless network.I value my privacy and knowing that my carrier is doing its best to protect me is very reassuring.

Friday, January 25, 2008

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.

Wednesday, January 23, 2008

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.

Thursday, January 17, 2008

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.

Tuesday, January 15, 2008

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.

Wednesday, January 9, 2008

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.

Monday, January 7, 2008

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.

Wednesday, December 19, 2007

The Discover Bank Decision and Wireless Phone Contract Disputes

About a couple of years ago, the California Supreme Court issued a decision that has a significant impact on wireless phone contracts. This decision was well anticipated because of the increasing number of wireless contract disputes.

The case was widely known as Discover Bank v. Superior Court resulted in a decision that class action and class arbitration waiver clauses in consumer contracts are not enforceable "at least under some circumstances.” With this decision a window of opportunity for the use and enforcement of class action and class arbitration waiver clauses in the employment context was opened.


Case Background

Let us explore the events behind this ground breaking decision.

The case was all about a credit card holder filing a class action claim against Discover Bank in California. The person accused the bank of imposing a late fee of $29 on payments that were received on the payment due date, but after the bank's undisclosed 1:00 p.m. “cut off” time therefore breaching the cardholder agreement.

In response to this accusation, the accused moved to compel arbitration on an individual basis and to dismiss the class action. The bank argued that class arbitration and class actions are expressly prohibited in the arbitration provision of the cardholder agreement. It also contained of law clause stating that Delaware law governed.

However, the plaintiff argued that the class action/arbitration waiver clause, as stated in the cardholder agreement, is unenforceable under California law because it was unconscionable.


The Impact

The decision strike down the class action/arbitration waiver clause in the Discover Bank case may have nationwide implications. The presiding also noted that California could now become a magnet for class actions because the majority decided to ignore the choice of law provision in the arbitration agreement.

The decision can also affect the contracts of wireless phone service providers because these contracts requires the customer to accept a form of class action waiver. Take a look at this condition in Sprint's Terms and Conditions:
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.
It's clear that the Discover Bank decision has affected the formation of this condition. The discover bank decision was also applied in a contract dispute between a customer and a wireless phone carrier. The California Federal Court denied the motion to compel arbitration under the agreement barring class action lawsuits made because the clause was held unconscionable. The motion was made by the defense in the Winig v. Cingular Wireless-Class Action Defense cases.

Friday, December 14, 2007

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.