Tuesday, March 16, 2010

More Cell Phone Contract Ammunition

This is from an American website, but as far as I remember from Canadian Business Law, any change in contract without the other party's consent/agreement is considered breach, so you might just be able to use it. Be sure to contact your provider within 30 days, as the general consensus is that after 30 days, you are considered to have accepted the new terms.


From ucan.org:

Can a change in contract terms be used as grounds for cancellation?

  • Contracts vary, but most changes to your contract can provide grounds to get out. Almost any new fee or new charge is your opportunity to break the contract. Why? Because they can't change any part of the contract without your permission. But they do it all of the time because they know that you DON'T know that you can use that change as a basis for canceling your contract. Here are some recent examples:
  • Text message price changes (Cingular T-mobile)
  • Administrative charge increase (Verizon, from $0.40 to $0.70)
  • Increase in unpublished number fee (Might entitle a bundled AT&T customer to quit Cingular/AT&T wireless,or AT&T DSL)
  • Make sure the change/increase applies to you. Typically you need to get to a manager. Be sure to use the term "materially adverse" when referring to the change, and have notice of the change in hand as well as the relevant provisions of the contract. See our Sample Script.
  • Each carrier takes a different stance on what is materially adverse and who can get out. You usually only have a short time to claim a change as materially adverse. See our guide to "Material Adverse" Clauses in Cell Phone Contracts for more info.

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