[Q] Mytouch 4g warranty..ebay phone!? Reply quick! - myTouch 4G Q&A, Help & Troubleshooting

Okay, so I'm probably going to buy a brand new MyTouch 4G off ebay. It is brand new, never turned on, sealed, or had a sim card in it.
Since I will be the first to put *my* sim in the phone, won't I get the warranty, because the IMEI will be tied to my account? T-Mobile is telling me conflicting info.
And not the HTC warranty, the warranty where I can walk into the tmo store for a replacement.
Would anything change if they gave me their receipt?
I'm trying to figure out how Tmo would know whether the phone was bought a week ago or 5 months ago.
Please help me..very important!

HTC warranty would apply but pretty sure T-Mobile would have to have a record of you purchasing it to warranty it
Sent from my Thunderbolt using XDA app

Yeah, thats what I was wondering..the receipt, would that make a diff?
Like how would T-Mo know if the phone was bought a week ago or 4 months ago, if it hasnt been "activated" yet

There have been quite a few people on this forum that got warranty exchanges with phones they got off craiglist, ebay.

I was able to get a replacement from tmo and I bought my MT4G from CL.
Sent from my HTC Glacier using Tapatalk

I actually bought my MT4G off ebay brand new, no sim card inserted. I have the full warranty from tmobile and HTC. I've returned three phones to tmobile for warranty repair (washed out screen), i'm on my fourth and finally nice screen. I'd be more worried if the screen is type 1 or type 2.

cappyone said:
I actually bought my MT4G off ebay brand new, no sim card inserted. I have the full warranty from tmobile and HTC. I've returned three phones to tmobile for warranty repair (washed out screen), i'm on my fourth and finally nice screen. I'd be more worried if the screen is type 1 or type 2.
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Okay, good! Did you have to tell them any lies? I'm reading about getting them to enter the IMEI in their system or something.
Did your phone just do something wrong, you asked for a replacement, and you got it? Btw, anyone think I'll be able to add insurance?
and yeah, screen is my second worry. thats why i wanna know if i'll have a warranty.

Yes you will be able to get insurance. The best thing about insurance is there is nothing you can do to void your insurance.

lowandbehold said:
Yes you will be able to get insurance. The best thing about insurance is there is nothing you can do to void your insurance.
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Wouldn't I need proof of purchase from the insurance?

from the terms and conditions:
18. Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any billing or credit limitation on your account (even if we haven't yet billed the Charges); (c) provides inaccurate information or credit information we can't verify; (d) lives in an area where we don’t provide Service or more than 50% of your voice and/or data usage is Off-Net for any three billing cycles within any 12 month period (see Section 11); (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (g) misuses your Service or Device as described in Section 17, above; (h) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a Rate Plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. If we suspend or terminate your Service and later reinstate your Service, you may be charged a fee. This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 17 and 18, including but not limited to failing to pay your bill when due, in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in T-Mobile’s sole discretion. If your Service or account is suspended or terminated and then reinstated, you will be charged a reactivation fee.

bradanomics said:
from the terms and conditions:
18. Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any billing or credit limitation on your account (even if we haven't yet billed the Charges); (c) provides inaccurate information or credit information we can't verify; (d) lives in an area where we don’t provide Service or more than 50% of your voice and/or data usage is Off-Net for any three billing cycles within any 12 month period (see Section 11); (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (g) misuses your Service or Device as described in Section 17, above; (h) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a Rate Plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. If we suspend or terminate your Service and later reinstate your Service, you may be charged a fee. This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 17 and 18, including but not limited to failing to pay your bill when due, in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in T-Mobile’s sole discretion. If your Service or account is suspended or terminated and then reinstated, you will be charged a reactivation fee.
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Thank you for that....? That honestly was completely pointless to post. Nothing to stop me doing anything in there. Also why are you posting this on XDA, the home of rooting/custom roms which also "violates the terms".
Thank you everyone else for the helpful responses.
So, would I need proof of purchase for insurance?

Ok, so now I found one on craigslist...it's been turned on but hasnt had a sim card in it. Would that make a difference?

michael2041 said:
Thank you for that....?
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You're welcome. You were questioning whether T-Mobile would support a device purchased from a third party and that would be the area of the T&C that would be concerned with such an act.
That honestly was completely pointless to post.
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I disagree
Nothing to stop me doing anything in there.
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Oh? What about the part that says
Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: .. (g) misuses your Service or Device as described in Section 17, above; (h) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us
Also why are you posting this on XDA, the home of rooting/custom roms which also "violates the terms".
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because Tmobile abides by the terms and conditions set in the contract. If you go outside the contract, they aren't liable to support you.
Don't be a ****.

All I did was ask if I will have a warranty with a phone from ebay, and if it was possible to get one. I never asked for anyone to tell me anything that would violate the terms and conditions. Also, it's not really "unprofitable" to them. If a phone has never been activated on the network, $ hasn't been wasted on warranty replacements and fixes, etc. So, I don't really understand you..? And I really don't feel the need to explain myself to you.
But I didn't make this thread to have people post random excerpts of the terms and conditions. I asked a question, and it was answered.
Now I'm just wondering if a phone bought from ebay that was new would be able to have insurance.

Also, what if it was purchased on a two year contract (by the seller)

michael2041 said:
Also, what if it was purchased on a two year contract (by the seller)
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This was from a thread I found from the moderator of the HTC forum:
"HTC will not warranty an item purchased on eBay. HTC Only warranties devices sold thru 'Authorized' dealers. eBay is not an HTC authorized dealer. If the eBay seller is an authorized dealer, then HTC will honor the warranty, but you need a receipt that does not mention that it was purchased thru eBay. HTC does not allow warranty transfers either. You must be the original purchaser, & you must purchase thru an authorized dealer."
Specifically it states that HTC does not allow warranty transfers. So technically it has no warranty with HTC and thus also with T-mobile, since HTC authorizes the warranties.

Hmm, in the warranty terms it says you just need proof of purchase. Nothing about authorized retailers. HTC has also implied you dont need to be the purchaser. So maybe if the person sent the receipt with the auction?
And T-Mobiles and HTC's warranty are different with their terms, HTC will usually repair vs. tmobile will replace, etc. HTC has also said that the warranty is tied to the phone, not to the user.

How do you tell if screen type one or two?
Sent from my HTC Glacier using XDA App

donj001 said:
How do you tell if screen type one or two?
Sent from my HTC Glacier using XDA App
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http://forum.xda-developers.com/showthread.php?t=863679
Thats why i want a warranty! Well I just bid on a new in box never used mytouch 4g, lets see how it goes

michael2041 said:
http://forum.xda-developers.com/showthread.php?t=863679
Thats why i want a warranty! Well I just bid on a new in box never used mytouch 4g, lets see how it goes
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If you plan on doing the warranty through T-mobile then you better hope the rep doesn't look up the issue and see that it explicitly states not to do an exchange on the screen type. HTC turned me down also, as their policy states the same.

Related

Squaretrade Nexus One policy!

Squaretrade now offers a 24-month $599 coverage policy for the Nexus One, Droid, and other expensive phones. It includes accidental damage. Cost is $144+tax. I paid about $109 using a 20% off coupon (NEWYEAR).
This is much better coverage than Asurion / T-Mobile offers, and with the discount it's priced about the same. (Slightly cheaper.)
I wish it could be purchased without the extended warranty, since my credit card offers that for free, but I feel a lot better with accidental damage coverage!
Note: I do not have any prior experience dealing with this company.
Thank you for contacting SquareTrade.
We appreciate your interest in SquareTrade Care Plan.
Yes, we do provide a warranty for the new Nexus One from Google.
We provide coverage for brand new Premium Smart Phones such as the Nexus One purchased from retailer/e-tailer up to $599, regardless if it were purchased up front or on a contract (regardless of the price), for $144.
Additionally, for retail bought items you have 90 days following the item purchase date to get a SquareTrade warranty.
Below given are our coverage details for a new cell phone purchased from a retailer:
Our standard warranty covers mechanical and electrical failures that occur during normal use. You get 100% Parts & Labor coverage with zero deductibles.
Accidental Damage from Handling (ADH) is also included in cell phone plan.
ADH covers eligible items from liquid spills, drops, or any other accidental damage from handling ($50 deductible from coverage limit applies to ADH claims).
However, any repairs for any electronic or mechanical issues due to normal wear and tear would not be subject to any deductibles.
For more information, please visit the Learn More section of our website at http://www.squaretrade.com/pages/learn-more-warranty-buyer.
Furthermore, on new items, our coverage starts from the date of item purchase. If you purchased your item as new, some part of this period will overlap with the manufacturer's warranty that comes with your item. Most new items we cover come with a one year manufacturer's warranty.
ADH coverage starts 30 days after date of item purchase, and does not cover pre-existing conditions, willful damage, negligent use, software, theft or loss.
If you have a problem with a covered item while the manufacturer's warranty is still in effect, we will refer you to them so they can resolve the problem with your item. If you need assistance, we will provide any contact information we have for the manufacturer, as well as advice on how to file a claim with them. Using your manufacturer's warranty first allows you to save the value of your SquareTrade warranty for a future failure.
Moreover, you would be able to purchase this warranty and view any additional coverage details using the following link:
http://www.squaretrade.com/pages/cellphone-landing3
Hope that answers your question! If not, go here to view the contract summary. You can also reply to this email or call 1-877-WARRANTY (1-877-927-7268) US & Canada only, 24/7.
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i've heard good things about square trade.
If the NEWYEAR code expires, try TWTYOFF. That was a code they gave me after checkout.
Bicster_ said:
Squaretrade now offers a 24-month $599 coverage policy for the Nexus One, Droid, and other expensive phones. It includes accidental damage. Cost is $144+tax. I paid about $109 using a 20% off coupon (NEWYEAR).
This is much better coverage than Asurion / T-Mobile offers, and with the discount it's priced about the same. (Slightly cheaper.)
I wish it could be purchased without the extended warranty, since my credit card offers that for free, but I feel a lot better with accidental damage coverage!
Note: I do not have any prior experience dealing with this company.
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Where do you see that Asurion does not cover accidental damage? They clearly state coverage for loss, theft, and damage (even water damage). Where does that exclude accidental damage?
Is SquareTrade's coverage tied to a specific phone? One of the reasons I liked Asurion is that it covers whatever phone I'm using at the moment. So for now it would cover my N1, but when I upgrade in 6-9 months (I wish)...it'll automatically cover the new phone.
Just checking out the coverage at SQ.. note the bold...
"Assumes coverage is purchased for 24 consecutive months. Please note that SquareTrade does not cover loss. Terms and conditions of other providers’ warranty/insurance plans may vary, please refer to each providers terms for details on their coverage. Prices are accurate as of 12/1/2009. Copyright SquareTrade 2010. All brands or products are trademarks or registered trademarks of their respective holders."
and...
"No Coverage from Loss: There is no coverage against lost or stolen phones. You can always cancel your warranty and receive a refund if that happens."
No offense, and I'm not trying to start anything, but I'm glad I went with Asurion..
Yeah that's definitely a requirement for me. Half the reason I'm getting insurance for my N1 is for theft/loss.
I've never lost a phone, so I can take my chances there.
My problem with Asurion is that the way I read their contract, they can replace your phone with anything they want to... Any phone of any value. Perhaps they don't do that, but it's what I saw in the contract.
Basically all insurance plans are heavily biased toward the insurer. At the end of the day you decide what perils you want insured and whether it's worthwhile. There are reasons for going either way.

for all of you guys who bought your hd2 from radioshack please read this!!!!

"radioshackwireless.com/additionalDetailsDisplay.aspx?AdditionalDetailsID=5500&rebatepopup=true&carrierid=59&phoneid=28045&ReferringDomain=radioshack&ci=&zipcode=33182&eid=&refcode1=RSK_0613_000_ONLINECIRCULAR&refcode2=&oflag=&agent=&uid=85636&macid=2E&viewmode=1"
DEACTIVATING THIS PHONE OR DOWNGRADING FEATURES OR RATE PLAN MAY LEAD TO ADDITIONAL CHARGES
To provide you with significant savings vs. buying in a retail store, the price you paid for your device includes an Instant Savings Discount from this authorized retailer.
By accepting this Instant Savings Discount, you agree to repay $200 of this discount ($300 for smartphones and netbooks) and authorize us to charge your credit card in repayment of this amount if, during the 181 days after your new equipment is activated, T-Mobile notifies us that the services you purchased have been suspended, disconnected, or deactivated, or if you return your purchase outside of the return and exchange provisions of our 30-day Satisfaction Guarantee.
Please note some of the reasons T-Mobile may notify us of a deactivation include if:
You transfer this equipment to another T-Mobile line of service after it is activated
You change your T-Mobile rate plan to a lower monthly service rate than was specifically required at the point of purchase
You deactivate texting/data features that were specifically required at the point of purchase
The new line of service activated with your order is used to replace a pre-existing T-Mobile account
The only reason you would ever have to worry about this is if you did something stupid like remove your data plan! I'm a RadioShack associate, and my store's wireless specialist,and our T-Mobile offers never require anything but the data plan,so there's nothing to worry about!
-------------------------------------
Sent via the XDA Tapatalk App
This is really nothing new, 3rd party "authorized resellers" quite often have always had clauses like this in their contracts. Basically it gives them a means to recoup their lost commissions or other costs if you bail out.
If you go though an authorized reseller your bound not only to tmobile's service contract, but whatever that authorized reseller may bind you to as well. Always read what you're signing.
I remember the 1st cell phone i got long ago though an authorized reseller had something in the contract that if you canceled service and did not return the phone to them, not only would you have to cover tmobile's ETF, you would owe the authorized reseller something like $200 for the phone.
All true, but there's still some users who have been using "the shack" and other 3rd-party retailers (like walmart) to try to get around cancellation fees, etc...because they believe they're not subject to what's mentioned in the OP here.
This would probably help more people if it were posted in egzthunder's sticky thread at the top of this section, where this type of thing is being discussed.

Will TMobile still take my phone in for warranty even though I don't have a contract?

Topic, I bought the phone from T-Mobile while UNDER WARRANTY but have since then canceled the plan (long story.)
Can I still send in my phone for warranty?
Probably not through T-Mobile but through Samsung
Sent from my SGH-T959 using XDA App
I think you can. You still bought the phone from them. The warranty isn't part of the contract.
No you cant if you no longer have no account you wont get an exchange due to the terms of the exchange need an account to charge you an out of warranty fee for a damaged device or restocking fee when you do not return a device tmobile has no way of using a credit card or other method for that charge some stores in certain areas have in store replacements but good luck same scenario for out of warranty fee call samsung you have warranty through them
Sent from my SGH-T959 using XDA App
Do you not even have a no-contract plan with T-Mobile? If you are still paying for service monthly, even without a long-term commitment, the carrier has an interest in keeping you as a customer. If not, they have little incentive to do anything other than facilitate a warranty claim with Samsung, and you have a high bar to show that your problem is due to a manufacturing defect.
For the sake of keeping long-term business, the carriers sometimes seem to cut some slack when handling claims. For example, some customers brick their phones and thus don't have a valid claim, but there seems to be a bit of don't-ask-don't-tell so they get an exchange phone they may not deserve under a strict reading of their warranty.
But if you are not an ongoing customer of the carrier, they would probably interpret the warranty terms more strictly.
So if your physical screen just stops working because of a manufacturing defect, that would have to be exchanged. (It is really Samsung's one-year warranty.) If you bricked your own phone, that would be another matter.
You still have manufactures warranty. Just call Samsung and argue about getting an iPhone if they don't give you a replacement.
dmolition said:
You still have manufactures warranty. Just call Samsung and argue about getting an iPhone if they don't give you a replacement.[/QUOTE
when does an iPhone come in play when you claiming warranty with samsung? they are the manufacturer. they don't care if you go get an iphone because you already bought a sammy phone.
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Go to a t-mobile or t-mobile reseller to get a pre-paid sim card and then add the lowest amount you can to it and then do a claim with t-mobile

Getting out a ETF - idea

Just spent 45 mins trying to download a Google voicemail. No dice. That's how bad sprint 3G is in downtown Chicago. It is pretty much unusable. After calling Sprint and getting nowhere as usual, I am done and want out of my contract (this is not a bash sprint thread - just the facts).
I really don't feel like paying the ETF considering I can't use something I am paying for. I was thinking of just filing a small claims lawsuit (not a lawyer or anything - but had a friend who did something similar). It takes about an hour to file (I think) and costs $75. I don't believe sprint would bother fighting it - they would prob just contact me to settle (I want out of contract sans ETF and they pay court fees). It sure would get their attention if a bunch of people started doing this.
Viable? Looking for opinions - never done anything like this before and I figure if nothing else it would be a learning experience. Judge Wapner here I come!
wiltok said:
Just spent 45 mins trying to download a Google voicemail. No dice. That's how bad sprint 3G is in downtown Chicago. It is pretty much unusable. After calling Sprint and getting nowhere as usual, I am done and want out of my contract (this is not a bash sprint thread - just the facts).
I really don't feel like paying the ETF considering I can't use something I am paying for. I was thinking of just filing a small claims lawsuit (not a lawyer or anything - but had a friend who did something similar). It takes about an hour to file (I think) and costs $75. I don't believe sprint would bother fighting it - they would prob just contact me to settle (I want out of contract sans ETF and they pay court fees). It sure would get their attention if a bunch of people started doing this.
Viable? Looking for opinions - never done anything like this before and I figure if nothing else it would be a learning experience. Judge Wapner here I come!
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Here's my suggestion.
I'm assuming that you've called Sprint more than once and thus it is in the notes, right?
Call *2, dial 000000000 until it moves you along.
And explain that because you aren't getting the service you're promised you want out of your contract with no fee.
They will extend that to you. They have to because they aren't fulfilling their end of the contract. They actually extended that to me although I'm not cancelling.
Downtown Chicago as well and the worst service I've ever had...but mine is going on 2 months worth of horrible service...before my 3G was so fast I never even had to think about putting on the 4G...
I've loved Sprint but two months without proper service is making me want to jump...I may be a G2X owner shortly.
After countless calls and dealings with tech after tech about my data speeds. They are finally going to take care of me. My bill will be adjusted every month until the speeds are back to normal. And my upgrades have been reset as well my etf was waved too. I got so much because of how the "tech" handled my ticket. Basically told me to deal with it. I have been in contact with a very helpful and nice lady on the ceo's team and she made sure I was taken care of.
So send an email to the ceo's office be nice and they should take care of you
from my phone duh
They let me out when I moved here to Washington because there was no signal at all. All I had to do was email/fax them proof I was living here. They sent someone out to check it though to verify it was true. Going to miss my EVO but have to have service.
It states in your contract that they have the authority to assess an ETF upon termination of contract, tower and throughput issues are not valid nullification points.
If you take them to small claims, they'll just wave your contract in your face and be done.
In all seriousness, just escalate as far as it needs to go. Retentions will do just about anything, save for waiving ETF.
Sunsparc said:
It states in your contract that they have the authority to assess an ETF upon termination of contract, tower and throughput issues are not valid nullification points.
If you take them to small claims, they'll just wave your contract in your face and be done.
In all seriousness, just escalate as far as it needs to go. Retentions will do just about anything, save for waiving ETF.
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They are required to give you a certain level of service and if they can't provide it then they violate the contract.
They will waive it.
I knew how poorly it was going to go but I figured I was going to call anyway.
First person told me there were no problems with their towers and asked about hardware replacement. I said no, when I'm in areas that I get a good signal my phone works fine...2nd person said there were problems (i knew it) and that they are working on it. He also mentioned possibly letting me out ETF free.
I really don't want to go that route though, I just want the service I was getting to come back, I loved Sprint's service when it's working. I don't want to ditch the carrier just because of two bad months but nobody has confirmed anything on it getting any better, which I know they can't.
I called retentions awhile back, stated that tech support says the area is fine and working as it should, I said, no, it isn't and it hasn't been for months...I went to some local Sprint stores and asked the employees there, which informed me that, yes, the towers have been stuck in the middle of being upgraded for 6+ months now because Qwest hasn't installed the new T1 lines yet. All the lady in retentions would say was Okay and act dumb. I guess I could keep trying.
wiltok said:
It takes about an hour to file (I think) and costs $75.
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It costs over $200 to file a suit in small claims court here in Miami-Dade county, so I'd look into that before digging any deeper into this. I doubt Sprint will send out a lawyer to contest a $200 case, but it may cost you as much as the ETF itself would just to TRY and get out of it this way.
Just continue to call and complain. Eventually, you will come across an employee who will help you.
Hrshycro said:
I called retentions awhile back, stated that tech support says the area is fine and working as it should, I said, no, it isn't and it hasn't been for months...I went to some local Sprint stores and asked the employees there, which informed me that, yes, the towers have been stuck in the middle of being upgraded for 6+ months now because Qwest hasn't installed the new T1 lines yet. All the lady in retentions would say was Okay and act dumb. I guess I could keep trying.
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I hope they are putting in like 30 T1 lines!
The Sprint CS rep told me that there was a notation associated with my area 'users may experience slower data speeds'. They are acknowledging there is a problem - and they aren't kidding! It doesn't take much bandwidth to download a voicemail. Data speeds are non existent.
wiltok said:
The Sprint CS rep told me that there was a notation associated with my area 'users may experience slower data speeds'. They are acknowledging there is a problem - and they aren't kidding! It doesn't take much bandwidth to download a voicemail. Data speeds are non existent.
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Agreed which is why they are violating the contract. Thus no ETF
OP - here. A previous poster was correct - looks like it costs $120 to file a small claims suit and i would also have to pay an appearance fee of $176. That ain't gonna work! Oh well - have to see what Sprint will do for me...
Hrshycro said:
I called retentions awhile back, stated that tech support says the area is fine and working as it should, I said, no, it isn't and it hasn't been for months...I went to some local Sprint stores and asked the employees there, which informed me that, yes, the towers have been stuck in the middle of being upgraded for 6+ months now because Qwest hasn't installed the new T1 lines yet. All the lady in retentions would say was Okay and act dumb. I guess I could keep trying.
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What's hilarious about that is that a T1 line only has capacity to serve a single customer with a really good 3G speed (1.5Mbps), or two with a so-so speed (750 Mbps). My cable modem equals TWELVE T1 lines. So if they're waiting for T1 lines to be installed to the tower, that explains a LOT.
Or the reps just don't have a clue what they're talking about. That's probably more likely.
wiltok said:
OP - here. A previous poster was correct - looks like it costs $120 to file a small claims suit and i would also have to pay an appearance fee of $176. That ain't gonna work! Oh well - have to see what Sprint will do for me...
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Yea, I knew it. Once you take someone to small claims court, you usually end up suing for court costs, too. However, you have to pay the charges up front and you could still lose and end up having to pay the ETF anyway.
Call them or email them (or chat) and tell them you want a credit on your bill (even for now) they gave me $50 off my bill just for calling them and bugging them lol I also asked for credit off my bill.
Also just use a verizon prl and they will give you the boot.
mattykinsx said:
They are required to give you a certain level of service and if they can't provide it then they violate the contract.
They will waive it.
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No, they are not. It's in the contract. Service is not guarenteed.
Just use the verizon roaming trick and use large amounts of data for a few months.
wiltok said:
I was thinking of just filing a small claims lawsuit (not a lawyer or anything - but had a friend who did something similar). It takes about an hour to file (I think) and costs $75. I don't believe sprint would bother fighting it - they would prob just contact me to settle (I want out of contract sans ETF and they pay court fees). It sure would get their attention if a bunch of people started doing this.
Viable? Looking for opinions - never done anything like this before and I figure if nothing else it would be a learning experience. Judge Wapner here I come!
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Sunsparc said:
If you take them to small claims, they'll just wave your contract in your face and be done.
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(IANAL)
Alright, I hate to be the bearer of bad news, but DO NOT take them to court. There is a section in the Sprint PCS Terms and Conditions of Service (that you signed) specifically stating that you agree that all disputes will not be taken to court but arbitrated. If you take them to court they will show that you agreed not to, judge will drop the case, and you will be liable for both your court fees as well as Sprint's (You are not liable for Sprint's arbitration fees though if you go that route). Quoting all relevant parts of the T&C now. There is an exception to that for small claims court, but you would definitely lose against Sprint and still have to pay their court fees.
It is almost always the better route to fight with them AND SEND THEM WRITTEN NOTICE OF YOUR DISPUTE until they let you out of contract. Also STOP using the phone during the dispute that way you can get them to waive any monthly bills AFTER the written notice of dispute.
Sprint PCS Terms and Conditions of Service said:
DISPUTE RESOLUTION
We Agree To First Contact Each Other With Any Disputes We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. We agree to contact each other as described in the Providing Notice to Each Other Under The Agreement section of the Ts&Cs.
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Sprint PCS Terms and Conditions of Service said:
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
(1) "Disputes" are any claims or controversies against each other related in any way to our Services or the Agreement, including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated — this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent as described in the Providing Notice to Each Other Under The Agreement section of the Ts&Cs and notice to us will be sent to: General Counsel; Arbitration Office; 2001 Edmund Halley Drive VARESP0513-502; Reston, Virginia 20191. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(4) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of the last billing address of the Device. We will agree on the arbitrator, and if we cannot agree, then the arbitrator will be appointed by the court as provided by the FAA.
(5) The arbitration will be governed by the arbitration rules selected by the Arbitrator. The federal or state law that applies to the Agreement will also apply during the arbitration.
(6) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, we will cover any arbitration administrative or filing fees above: (a) $25 if you are seeking less than $1,000 from us; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
Exceptions To Our Agreement To Arbitrate Disputes Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
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Sprint PCS Terms and Conditions of Service said:
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
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Check with your home owner's policy for cell phone coverage!

OK, like many of you, I have traditionally paid the $8-12 per month for device protection / insurance. But I recently started questioning that and did some digging. Here's what I found:
My Amex AND Visa cards both provide courtesy device protection with a $0 deductible for 90 days after purchase date. It's automatic, and offered by pretty much most credit card companies these days.
My home owner's policy provides up to $5000 in home electronics coverage, with a $50 deductible. It's automatic as well. Phones and home electronics are considered personal property and your home owner's policy covers you anywhere in the world, not just in your home.
I called both credit card company and the home owners company to go through what's covered and what's excluded in detail. Accidental loss, theft, water damage, screen breakage - they are all covered. Yeah, sure, you have to go through a claims process and they aren't going to overnight you a replacement phone. But I am more than happy to just go online and buy a brand new device while I wait for claims to reimburse me. That way, I am getting a brand new phone too, instead of a refurbished unit.
Just wanted to share this with folks - most people have this coverage automatically, no reason to pay the high cell phone carrier insurance rates.
Thanks. I work in Auto insurance and I never thought to call my home owners insurance. I'm going to give them a call.
Sent from my SM-T700 using XDA-Developers mobile app
xxaarraa said:
OK, like many of you, I have traditionally paid the $8-12 per month for device protection / insurance. But I recently started questioning that and did some digging. Here's what I found:
My Amex AND Visa cards both provide courtesy device protection with a $0 deductible for 90 days after purchase date. It's automatic, and offered by pretty much most credit card companies these days.
My home owner's policy provides up to $5000 in home electronics coverage, with a $50 deductible. It's automatic as well. Phones and home electronics are considered personal property and your home owner's policy covers you anywhere in the world, not just in your home.
I called both credit card company and the home owners company to go through what's covered and what's excluded in detail. Accidental loss, theft, water damage, screen breakage - they are all covered. Yeah, sure, you have to go through a claims process and they aren't going to overnight you a replacement phone. But I am more than happy to just go online and buy a brand new device while I wait for claims to reimburse me. That way, I am getting a brand new phone too, instead of a refurbished unit.
Just wanted to share this with folks - most people have this coverage automatically, no reason to pay the high cell phone carrier insurance rates.
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Most credit cards offer extended warranty. Regarding about filing a claim with your insurance company, your premiums will go higher if you file too many claims. So for a small claim, it might not worth it.
Hopefully I don't lose my phone too many times, in fact I hope I never lose it. The whole premium going up after a claim isnt something I worry about. I can either pay $150 a year PLUS $175 deductible for carrier provided insurance, or make a claim with my home owners policy and take my chances with premium increase the next year.

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