Disturbing call w/ Verizon rep on droid upgrade

[Sal]

So this week's new, stricter upgrade policy is retroactive! Just spoke with verizon. I was supposed to get an annual upgrade for my original droid on feb 24. I no longer qualify and will have to pay full price for my new thunderbolt/bionic after this week's change!

They are changing the terms of our agreement arbitrarily rather than implementing a new policy with new contracts only. Is this true? Is it even legal?

 

[Darkseider]

So this week's new, stricter upgrade policy is retroactive! Just spoke with verizon. I was supposed to get an annual upgrade for my original droid on feb 24. I no longer qualify and will have to pay full price for my new thunderbolt/bionic after this week's change!

They are changing the terms of our agreement arbitrarily rather than implementing a new policy with new contracts only. Is this true? Is it even legal?

It can't be retroactive. If they try that then you can ETF without paying due to breach of initial customer contract. Nowhere in the original contract does it state that it can be arbitrarily modified. If so NO ONE would use VZW.

 

[phillyphill39]

i think the new policy stated that if you already have an upgrade then your ok, but since your upgrade takes place after the new policy goes into effect i believe it becomes null and void. if i remember reading it correctly. but i could be wrong.

1. All customers who activate / upgrade on a qualifying plan prior to January 16th, 2011 are enrolled in NE2 (New Every 2) and eligible to use the NE2 discount for up to six months from the date they become eligible. 2. Any customer who uses an NE2 credit or Annual Upgrade after January 16, 2011 will no longer be eligible for either program. On March 6, 2011, VZW systems will be updated to reflect this.
3. All customers who exercise the NE2 or Annual Upgrade option on or after January 16th will receive a letter notifying them that it was their last NE2 or Annual Upgrade.
4. Business customers continue to receive either the two-year corporate matrix tiered device pricing or two-year retail device pricing per contract.
5. Customers will now be eligible for promotional pricing after 20 months on a 2-year contract and 10 months on a 1-year contract.


so maybe you should call them back?

 

[Darkseider]

i think the new policy stated that if you already have an upgrade then your ok, but since your upgrade takes place after the new policy goes into effect i believe it becomes null and void. if i remember reading it correctly. but i could be wrong.

That would be a breach of contract. My contract stated when I signed that I would be eligible for a discounted upgrade after X months. I have the contract for a little over a year and then they decide to "re-write it". That's fine for any NEW customers but they cannot alter my existing contract. If so it is a breach, in which case I am not obliged to pay an ETF if I choose to terminate.

 

[hakaida]

Is the primary line on family plan upgrades after a year gone too? I signed up with verizon last April with 2 D1 phones and I'm the primary line holder and wanted to upgrade in April or later when all of the dual core LTE phones are out this year. If not then I'm stuck waiting until the latter part of 2011. If I can't do the early upgrade for primary line holders then when my 2 years are up I'm taking my business to tmob or sprint even though verizon has by far the best coverage in my area (way out on the west side in las vegas).

With the pace of hardware and new OS upgrades for android phones I will never do another 2 year contract.

 

[maxnicks]

T-Mobile here we come.

 

[phillyphill39]

my upgrade is still good, but i guess its because I'm currently upgrade eligible. but i would just call them back to clarify because from what i can gather if you signed a contract before 1/16/11 then you're good until you use it and then that's it. if you sign up after 1/16/11 then you'll never get it.

 

[Sal]

Is the primary line on family plan upgrades after a year gone too? I signed up with verizon last April with 2 D1 phones and I'm the primary line holder and wanted to upgrade in April or later when all of the dual core LTE phones are out this year. If not then I'm stuck waiting until the latter part of 2011. If I can't do the early upgrade for primary line holders then when my 2 years are up I'm taking my business to tmob or sprint even though verizon has by far the best coverage in my area (way out on the west side in las vegas).

With the pace of hardware and new OS upgrades for android phones I will never do another 2 year contract.

That's what I'd be using-primary line early upgrade. Except the gal said I cant. She said she asked both a supervisor and a manager while I was on hold a long time. Would love for her to be wrong...

 

[hookbill]

my upgrade is still good, but i guess its because I'm currently upgrade eligible. but i would just call them back to clarify because from what i can gather if you signed a contract before 1/16/11 then you're good until you use it and then that's it. if you sign up after 1/16/11 then you'll never get it.

This is correct. If your contract was before 1/16/11 then you will be eligible for upgrade. But that will be the last time.

I find it real hard to believe however that Verizon would expect us to pay full price for an upgraded phone. I won't do it. Who's got that kind of money? Well, I'm sure some of you do. Heck some of you will sell your children for a new phone. And I'm not saying that's bad, I don't have any so I can't sell mine.

It will be interesting to see how this all comes out.

And the part about selling kids is a joke. I know you wouldn't do that. Or would you?

 

[phillyphill39]

my upgrade is still good, but i guess its because I'm currently upgrade eligible. but i would just call them back to clarify because from what i can gather if you signed a contract before 1/16/11 then you're good until you use it and then that's it. if you sign up after 1/16/11 then you'll never get it.

This is correct. If your contract was before 1/16/11 then you will be eligible for upgrade. But that will be the last time.

I find it real hard to believe however that Verizon would expect us to pay full price for an upgraded phone. I won't do it. Who's got that kind of money? Well, I'm sure some of you do. Heck some of you will sell your children for a new phone. And I'm not saying that's bad, I don't have any so I can't sell mine.

It will be interesting to see how this all comes out.

And the part about selling kids is a joke. I know you wouldn't do that. Or would you?

i already sold my brother for the iphone, next will be the unborn child for the bionic. but shh, dont tell mom or the gf.

 

[bamaboy74]

I just called and the rep told me ill still be good for a upgrade if i wait for the new phones to come out. He said that the new policy is for new customers who get a plan after the 16th. If you are in a contract now you can still upgrade.

 

[New2u]

If they made this retroactive, most people would just cancel their plans because it would be a modification to the already existing legal contract that you signed and verizon agreed upon. From what i've read this is only effective to new plans started AFTER the 16th, not ones that are already ongoing.

 

[altimax98]

http://www.droidforums.net/forum/droid-general-discussions/115601-should-i-upgrade-now-keep-ne2.html


thats my post about what i did... I still have NE2 on both lines and my primary is able to upgrade next january... just activated my wifes new INC

 

[garrett]

If they made this retroactive, most people would just cancel their plans because it would be a modification to the already existing legal contract that you signed and verizon agreed upon. From what i've read this is only effective to new plans started AFTER the 16th, not ones that are already ongoing.

but also written into said contract verizon has the right to change anything pertaining to the contract or 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.

heres the rest of it. Customer Agreement | Verizon Wireless

 

[UrbanBounca]

This is not a breach of contract in any way, shape, or form, although it is retroactive. The discount was considered a promotion, and nowhere on your contract does it state you will receive any type of discounted device.