Verizon's Fee Increase Allows You To Break Your Contract & No Early Termination Fee

[Droid DOES!!]

The agreement to pay such charges doesn't allow VZW to raise such fees unregulated. Thus why VZW must disclose said increases to such fees prior to implementing them.
Any such increases to such fees that are not government imposed increases are open to litigation challenging the validity of such fee increases, which may include a valid opt out legal stance.

Thus why we have courts to settle litigations of such matters.

+1! Well said sir!

This thread has been Thunder struck!!

[oldweasel]

I have a question on the proper course I need to take if I wish to dispute this fee. I understand that I have the right to deny the fee increase and terminate my contract, which would normally trigger an Early Termination Fee (ETF).

There is, however, a clause in the contract that states " If you're a Postpay customer and a change to your Plan or this agreement has a material adverse effect on you, you can cancel the line of Service that has been affected within 60 days of receiving the notice with no early termination fee."

According to Black's Law dictionary, there are three definitions of "material" which can apply to the above:
a.“Of or relating to matter; physical <material goods>”
b.“Having some logical connection with the consequential facts <material evidence>”
c.“Of such a nature that knowledge of the item would affect a person’s decision making; significant; essential <material alteration of the documents

Obviously the nature of the dispute I have with Verizon is on the legal interpretation of the "material" definition, as the third definition can be construed as indicating that if I was aware of the fee increase at the time the contract was signed then I would not have signed the orioginal contract, nor would I accept the revised contract. Otherwise Verizon could just as easily say they are going to charge $300 as a fee, since there is no definition in their contract that states what amount ould constitute a "material adverse charge"

So my intent is to take them to small claims court over this fee, but in actuality I am contesting the ETF charge and not the contract cancellation. With this in mind, would I have to have formally cancelled my account (and been charged the ETF) before I can make a small claims court filing?

[Beka27]

I'm hearing if you make a stink about the fee increase, they'll just refund the difference to you. They're not going to let people out of their contracts...

[Droid DOES!!]

I'm hearing if you make a stink about the fee increase, they'll just refund the difference to you. They're not going to let people out of their contracts...

That sounds more like VZW to me!

This thread has been Thunder struck!!

[oldweasel]

I'm hearing if you make a stink about the fee increase, they'll just refund the difference to you. They're not going to let people out of their contracts...

Agree, but understand if you agree to their refund then you are implicitly agreeing to the revised contract terms. As I am refusing the terms of the revised contract, the primary area of dispute would be the Early Termination Fee (ETF). Thus my quandary is regarding if I need to have been charged the ETF for my small claims court filing to be worth the $30 filing fee or not.

[nonnasmyladie]

New Fee Increase May Allow You To Break Your Verizon Contract With No Early Termination Fee

Chances are if you’re on Verizon, you’re there for a reason. Because time and time again they have proven to have some of the best coverage and fastest 4G in the country. But what if you’re still not a happy customer? Well, it has come to our attention that Verizon has increased the “regulatory fee” they currently charge customers. How much you ask? Only a poultry 3 cents but according to The Consumerist, whether it’s $50 or 3 cents, that is enough for you to get out of your Verizon contract early and not have to pay that nasty Early Termination Fee. If you want to get into some more legal talk this change to your contract is known as a “material adverse change of contract” and according to standard contract law, could render the contract void if you don’t agree with these changes.

Now, despite the name official sounding name, a “regulatory fee” is not something charged by our government and is just another fee Verizon assesses. When talking with a Verizon rep, they may try to talk you out of it, give you the runaround but don’t be afraid to escalate to a supervisor or hang up and try someone else.

Keep in mind you only have 60 days from July 1st to make the cancellation and after that it will be assumed you have accepted any changes to your contract. To quote Verizon’s customer agreement,

Can Verizon Wireless Change This Agreement or My Service?We may change prices or any other term of your Service or this agreement at any time,but we’ll provide notice first, including written notice if you have Postpay Service. If you use your Service after the change takes effect, that means you’re accepting the change. If you’re a Postpay customer and a change to your Plan or this agreement has a material adverse effect on you, you can cancel the line of Service that has been affected within 60 days of receiving the notice with no early termination fee.

So if for some reason you have been unhappy with Verizon (blazing fast 4G LTE speeds caused your phone to melt?) or perhaps you had your eyes set on the numerous new phone’s that have launched on rival carriers, now might be your time to try something new.

New Fee Increase May Allow You To Break Your Verizon Contract With No Early Termination Fee

That doesn't make sense verizon would jsut remedy the breach by refunding your 3 cents rather than letting you break the contract.

[Beka27]

I'm hearing if you make a stink about the fee increase, they'll just refund the difference to you. They're not going to let people out of their contracts...

Agree, but understand if you agree to their refund then you are implicitly agreeing to the revised contract terms. As I am refusing the terms of the revised contract, the primary area of dispute would be the Early Termination Fee (ETF). Thus my quandary is regarding if I need to have been charged the ETF for my small claims court filing to be worth the $30 filing fee or not.

You're right. You should definitely take Verizon to small claims court. And keep us updated.

(If nothing else, it'll be good for a laugh.)

[nonnasmyladie]

I cannot stress enough that this information is completely wrong and there is no possible way you could sue verizon.

It fun to see what crazy **** people think up though.