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BREACH of Contract
Posted Sat July 25, 2009 12:00 pm, by Christopher L. written to Verizon Wireless (Cell Phones)
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Dear Verizon wireless, i have contacted Atty and the Better Business Bureau regrding this case. You claim to have closed my complaint case number by eliminating the administration charge increase. I never requested this or agreed to this and am taking legal action as i now have phsyical proof that there indeed was a "Material Adverse" issue by your claim to amend it. However my legal counsel has shown me a similar situation on January 1, 2009 where Sprint indeed honored there contract by allowing customers out of their contract ETF free because they increased the Administration charge. I have provided a link to this article: http://tinyurl.com/a5artf. It is funny how Sprint will honor their contract but Verizon Wireless is Fraudulent. I am allowing you an opportunity to amend this situation by simply letting me out of my contract ETF free and my numbers open to port them to another carrier per our contract. I trust you will be an honorable company in this matter as i have verizon Fios internet and will be starting the removal of this service and going with Time Warner unless this issue is resolved. Thank You
Release me of my contract ETF free and leave my numbers open so i can port them to another carrier.
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by MA Cunningham Posted Thu July 30, 2009 @ 11:59 AM
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making a business decision to waive ETF's make Verizon's decision "fraudulent?"
Fraudulent means something that is characterized by, based on, or done by fraud : deceitful. There was nothing deceitful done. They raised their rates. You choices are either pay the rates or cancel your account and pay the ETF. Nothing deceptive there. It's all very clear and straightforward.
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by hussyinterrupted Posted Wed July 29, 2009 @ 1:28 PM
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If you really contacted an attorney, the first thing she/he would have told you would be to not have any further contact with Verizon wireless. You will do more damage to your case than good by going above your lawyers head.
If you didn't contact an attorney, now that you mentioned the word Sprint will no longer respond to you as their lawyers will want to talk only to your lawyer.
The biggest bargaining mistake people make is to lie about having an attorney on the case. Face it, corporate attornies ARE SMARTER THAN YOU when it comes to contract disputes and legal matters. Maybe a customer service dept will be willing to give a little more because they don't know to the tee the legality of the situation but a lawyer will not budge an inch. Always try to keep the word lawyer out of the conversation and keep it on an even playing field.
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I don't know why you have bothered writing to Verizon at this point. You have stated you have an attorney. Many large corporations will no longer deal with you directly once you have secured counsel and told them about that. It will be handed over to their legal department while they wait for word from your attorney. You attorney will also be upset to know that you have contacted them, as you should not be at this point in time.
However, I advise you to find another attorney as your's seems to be getting case law from blogs.
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I am confused here. Were not these fees eliminated?
And if so what is stopping you from taking your phone numbers/internet to other carriers now?
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by PepperElf Posted Sun July 26, 2009 @ 10:24 AM
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The BBB is not a legal authority. They cannot force Verizon to do anything.
Basically, they're pretty much like PFB, just older and bigger.
All they can do is this
1) Talk to verizon for you
2) Help find you a lawyer
3) Remove Verizon's accreditation with their organization*
* They however won't do that last one over one person's complaint. It would take a long record of ignoring the BBB's requests for a company to lose accreditation. And even then, the company doesn't really suffer much.
in laymen's terms... companies don't really fret or sweat over someone going to the BBB about them
It'd be better to just deal with the legal system directly instead.
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BBB
by Just Jeffrey Tue July 28, 2009 @ 9:36 AM
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by PepperElf Posted Sun July 26, 2009 @ 12:34 AM
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you now claim you have proof that the increase is affecting your ability to pay the bill.
then they removed the admin charge, so you won't be charged for it.
regardless of your demand to quit your account without being penalized, they met the requirements of the law in removing the admin fee.
since they removed that charge... you might not have a case for being dropped.
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by Just Jeffrey Posted Sat July 25, 2009 @ 4:36 PM
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I looked at that link. It's not Sprint's, but is a blog where people discuss their success in getting out of contract due to a fee change.
I see that, while some did, not everyone did. So this isn't exactly a smoking gun.
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by Donno Posted Sat July 25, 2009 @ 2:39 PM
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If they eliminated the fee, I don't see where the breach of contract comes into play.
I also don't see why they would have to notify you before eliminating the fee, something which benefits you. Unless you are trying to get out of a contract early for a non-material reason.
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by Retail Veteran Posted Sat July 25, 2009 @ 11:39 AM
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It is my understanding from friends and relatives who are lawyers that you cannot discuss a case with anyone not involved with it. Posting this information on this site is likely to hurt your case, not help it.
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by Just Jeffrey Posted Sat July 25, 2009 @ 8:18 AM
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Good for you. Please let us know how this ends up.
As an FYI, FIOS is a different company that has a cross-license on the Verizon name. You canceling your FIOS will have more of an impact on the FIOS people than VerizonWireless.
Best to stick to having your lawyer handle things (I assume he's taking this case for less than what the ETF costs), I'd think.
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by Steve-OH Posted Sat July 25, 2009 @ 2:39 AM
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on a website such as this?
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