Sprint PCS can kiss my cellular ass.

When I used SprintPCS, I called them for a technical problem and they offered to send me a new phone. Since the problem was (to my knowledge) based in my phone, and the tech seemed to agree, I figured that this was the most expeditious way to handle it. What I didn’t realize was that the phone replacement wasn’t being viewed as a replacement to maintain my service but as an upgrade to improve my service an therefore, grounds for an automatic contract renewal. It wasn’t sold to me as such. It was presented as a solution to my problem, not a means for SprintPCS to guarantee more money from me for a longer duration.

I sucked it up then, but from that point on, whenever I called them and asked for something, I asked “is this going to change my contract” and 4 times out of 5 (quite literally) I was told “yes.” They weren’t going to tell me, I was just supposed to assume. I know this because I asked this question in response to “Is there anything else I can do for you today?” IOW, the obvious script prompt for ending the call. I was not told. I was never asked if I agreed to anything, it was simply presumed, I wanted to make whatever (insignificant to me, but I don’t work for a cellular telecom) change or needed whatever fix, and therefore, my contract was renewed. I viewed each and every one of those transactions as a request for them to provide me with the service which I expected, nothing more. Their view was somewhat different, and they held the power in the situation.

Now I don’t know about anyone else, but I read my service agreement when I signed up for cellular service, then I put it into my files. But when I call them on any given day for some issue and they make an offer to me to solve my problem, I don’t believe that I should have to dig that multiple-page, fine print agreement out of my files and read through it again to ensure that my agreeing to have my problem solved doesn’t obligate me to anything. I believe that if my provider is going to create obligations on my part then that ought to be transparent to me, and since I’m talking to another human being in order to make this happen, and that human being has that information in front of them then they ought to tell me about it. It would be very simple to say “You realize that by doing this, it will require your agreement to renew your contract for X months from today’s date…” It would cost exactly nothing, and would not give any customer grounds for a complaint about an after-the-fact contract renewal that they did not expect. You know, because they didn’t memorize their service agreement, because 99.9% of the time, none of its terms have any impact whatsoever on their daily life.

(I don’t know about you, but I have enough to remember in my day-to-day life than the dozen or more arcane clauses in cellular phone contract. You know, like to pick up bread at the market, and to call my Aunt Margaret for her birthday on Thursday and to pay the paperboy. These are the things that are important, not whether or not a request to have something fiddled in my cellular service will trigger an automatic whatever and obligate me to whatever.)

I believe that the companies mishandle this for two reasons: first, telling people exactly what you’re going to do for them and what they must do in return, within a business transaction, is just a basic proper business practice. You act transparently with customers. If you’re doing something that will affect them, you tell them and give them an opportunity to agree or decline. When you don’t, when things happen outside of the customer’s knowledge but which have an impact upon them, it creates an impression that the company has not acted in a straightforward manner with them. That does not engender good will with the public, and that’s not good for business.

Second, and more to the point in these cases, the folks who work for SprintPCS (or AT&T Wireless, TMobile, Verizon, Nextel or whomever) know more about their service agreements and business practices than their customers do. While I can sit and read their agreement all day long, they understand it from a practical standpoint and can distill the terms down to “this is what this means for you, today, under these circumstances.” They may take it for granted that a change of phone number or a phone “upgrade” automatically triggers a contract renewal, but customers may not, and often clearly don’t, especially not months after they signed up for service and read – and then filed – the lengthy service agreement. And a contract renewal is not insignificant. It’s the kind of thing that people need to know about.

Yes, consumers should be more aware, but written contracts notwithstanding, this is a matter of open business communication. Customers want it. Cellular companies don’t, because the lack of it makes them money. The less they tell us, the more we “agree” to without knowing what we’ve agreed to, the more fees they can charge, the more contracts they can extend, the more customer inertia they can take advantage of, the better the bottom line.

I hear ya.

Yeah, I was totally blown away by that one. Showed me how low they would stoop.

Exactly right. I learned the hard way myself(fucking Southwestern Bell). Cell phone companies are getting this message. The past couple times I have called to request a change to my account I was explicitly told about the impact of this change on my contract. I’ve both felt and exerted pressure in this direction myself within the company. Venoma and Tuckerfan have both also testified to pressures to change this aspect of the business. I’m not sure it will ever be great, but it should be better than it is.

Enjoy,
Steven

I wonder if threat of legal action is nudging them along.

If you’re interested in possibly getting your problem solved, here are some phone numbers that might be of some interest.

Customer Service without Claire - Bumped to front of line (also known as the Red Phones)
1-800-658-7564
1-866-306-7056
Executive Services - For when things get really messed up
913-624-3000
You might be able to negotiate a retention plan with some of the upper level reps. Basically, it’s a REALLY cheap plan designed to keep you on Sprint no matter what. Some of the plans I’ve heard about include over 1000 anytime minutes, nationwide, no roaming for like $30 a month. If that’s not where you wanna go, the possibility of waiving the early termination fee is something to ask about.

Not that I am aware of. Losing customers and bad reps hurt more. As mks57 noted, many contracts are written so one-sidedly that it would require some serious crap to happen to get past the disclaimers of liability and be able to sue one of the major cell companies. Plus there is a provision in the agreements to settle disputes through mediation as opposed to litigation. To get litigation off the ground you would have to prove your case is strong enough that it can’t be settled within the bounds of the contract, which includes the flexibility of mediation. It is pretty tough to successfully sue someone when they’re insulated with those kinds of contracts and license/usage agreements. Imagine the lawsuits Microsoft would have faced if it weren’t for the protection those “agreements” afford!

Enjoy,
Steven

Why is it that up until this point, you’ve automatically assumed that anyone complaining about being screwed by the silent contract renewal is a dumbshit who just doesn’t understand their contract, and suddenly you’re willing to acknowledge that, yes, the phone company does absurdly scummy things sometimes? As an example, I was under a one year contract which expired many years ago. I recently found out that a “promotion” (free text messaging, whoop-de-doo) which was offered to me 6 months ago caused me to be entered into a new two-year contract without ever having been informed of the existence of this “contract”. So which contract is it that I didn’t read carefully enough? The one which expired 5 years ago or the one I didn’t consent to?

I don’t really think that’s what he was saying. If you take a minute to read the fine print, you can save yourself a lot of headache, that’s all. This is different from “phones companies never do anything wrong”.

You obviously haven’t read a fucking thing I’ve written. Asking for a change to your account that requires contract renewal is legal. It’s in your fucking contract, pal.

On the other hand, placing a phonecall to inquire about new services, and not taking those services due to the lack of wanting a new contract is most definitely does not require renewal because you have not made any changes to your account. As you can probably tell, Worldy got out of his contract simply because it wasn’t in his contract. Otherwise, they would have made him pay or quit.

Sam

There are two things in play here. One is the Terms and Conditions of service, and the other is any term contract you may be under. The Terms and Conditions are persistant. As long as you use the service and remain a subscriber, they apply. This is where things like “making this change requries acceptance of a new X year term agreement” are specified(although usually in legalese and much more generic “some changes in your service may require a term contract or renewal of a term contract”). The term contracts are generally simpler and just bind you to the service for some specific amount of time with enumerated penalties for breaking the contract or mediation clauses. They also have plenty of disclaimers of liability and CYA language to allow the company to break the contract at pretty much any time. They may modify the main Terms and Conditions of service by changing the amount you pay(as with Sprint’s Advantage Agreement which bestows a $10 discount per month) or some other item, but mostly they are designed to be in force for a specific timeframe.

The real beef is with the Terms and Conditions of service because they are in force and “implicitly agreed to” any time you use the service. Making a call, recieving a call, downloading a ringtone, all these things are the equivelant of signing your name on the current Terms and Conditions. That may or may not be a good thing, but that’s how it is at the moment, industry-wide. The Terms and Conditions need to be clearer as to what changes necessitate a term contract initiation or renewal. Those are the root of the problem. Pushes for this clarity are happening, and threads like this as well as other customer complaints are driving them.

Enjoy,
Steven

I mentioned to a Sprint Sales rep last week that my phone was kind of buggy; would switch off unexpectedly, sometimes all audio was dropped, etc. He asked me what my phone number was and I gave it to him.

There was a brand new phone at my door yesterday. Free.

World Eater I had a similar experience with AT&T. My husband called a few weeks ago to inquire how long we we still under contract. The rep informed him that we had a shared minutes plan and I was out of contract while he was still under for one more year. Fine. Then she asked if we would like to renew the phone that was out of contract for a monthly discount. Since we were not sure what we wanted to do at this point, my husband said NO, he would rather come into a store and talk to someone in person, to see the newer plans and phones, etc. He asked if the reps at a store would be able to offer the same deal, she said yes. He told her ‘don’t change anything, we will go in to a store and talk to someone.’ I was in the room and heard him say no, do not renew the phone.

We went in to a store later that day and when the rep pulled up my number guess what he said? Yep, my contract had been renewed for a year. He didn’t seem suprised when I told him what had happened, and he quickly offered to change it back though. I was still pretty ticked that the woman had renewed the contract when he specifically said no though.

I used to work as a CSR for a cell phone company and I know how contracts work, and I understand each company set their own policies over what does and does not require a contract renewal. We did not renew contracts for half the reasons that are common now. This was a few years ago when digital was just getting big, but we did NOT renew contracts for a number change, adding features, or even switching to a different plan within the same ‘family’ of plans. If you went over your minutes in a given month and you knew you had, you could call and switch to a plan with higher minutes if you caught it before your billing cycle was over with no penalties and no contract extension. This company was bought out by AllTel though and I have no idea if they have the same policies or not. I know enough to ask whether my contract is affected every time I change anything though, but in this case with AT&T it still didn’t matter.

I’ve heard stories about every provider out there though so I have no reason to believe switching companies would be any better. I just look for the best plans and see if I can get the coverage I need and go with it.