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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.


Reply



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by MA Cunningham Posted Thu July 30, 2009 @ 11:59 AM

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.

Reply
by hussyinterrupted Posted Wed July 29, 2009 @ 1:28 PM

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.

Reply


I worked for a legal by fairywithfangs Wed July 29, 2009 @ 7:35 PM

by batmoody Posted Tue July 28, 2009 @ 1:12 PM

No one is going to correspond with you. Why do people think this is a
viable tactic?

Reply


by fairywithfangs Posted Mon July 27, 2009 @ 5:37 PM

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.

Reply

by Harleycat Posted Mon July 27, 2009 @ 11:18 AM

It is not a breach of contract. Did you actually read your contract?
And this is Verizon. What Sprint did is not relavent.

The truth of the matter is that not everyone who tried to get out of
their contract with Sprint was successful. Sprint usually relented on
those small accounts ($39 per month) with only a few months left on
their contract anyway. The way Sprint got around it is exactly how
VZW is doing it here, they waived the extra fee.

These large firms are huge legal and marketing departments. Do you
honestly think they are going to just pave the way for people to
cancel by raising a fee by 7 cents?

As noted below, Verizon Fios and VZW have nothing to do with each
other except for a name. Cancelling your FiOS will have no affect on
them at all.

Reply


by dulynoted (aka duttycalls) Posted Sun July 26, 2009 @ 2:27 PM

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?




Reply

Early Termination Fee by SusanB Sun July 26, 2009 @ 2:49 PM


Ok, but to me it makes more sense to pay the ETF than to stay in a by dulynoted (aka duttycalls) Sun July 26, 2009 @ 5:46 PM

The OP doesn't appear to be unhappy with Verizon by SusanB Mon July 27, 2009 @ 1:55 AM

by PepperElf Posted Sun July 26, 2009 @ 10:24 AM

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.

Reply


BBB by Just Jeffrey Tue July 28, 2009 @ 9:36 AM


by PepperElf Posted Sun July 26, 2009 @ 12:34 AM

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.

Reply

by Just Jeffrey Posted Sat July 25, 2009 @ 4:36 PM

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.

Reply

by Donno Posted Sat July 25, 2009 @ 2:39 PM

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.

Reply

by Retail Veteran Posted Sat July 25, 2009 @ 11:39 AM

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.

Reply

by Just Jeffrey Posted Sat July 25, 2009 @ 8:18 AM

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.

Reply
by Steve-OH Posted Sat July 25, 2009 @ 2:39 AM

on a website such as this?

Reply




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