On 2007-07-12, clifto <clifto@gmail.com> wrote:
> Paul Miner wrote:
>> They should be glad they aren't charged the ETF.
>
> I can assure you that if some company not only terminated my service for
> such reasons but also tried to charge me the fee the contract specifies
> for *my* breaking off the relationship, it would take me about thirty
> seconds to tear some lawyer away from suing his own mother for watery
> soup and to sic him on that company.

If you have signed a Verizon agreement (I haven't looked at the others)
what you signed says:

AN EARLY TERMINATION FEE WILL APPLY IF YOU CHOOSE TO END YOUR SERVICE
BEFORE BECOMING A MONTH-TO-MONTH CUSTOMER, OR IF WE TERMINATE IT EARLY
FOR GOOD CAUSE.

That is, the ETF may apply if they terminate you, not just if you
terminate them. Verizon's "good cause" includes, but is not limited to,
the following:

You agree not to resell our service to someone else without our
prior written permission. You also agree your wireless phone won't
be used for any other purpose that isn't allowed by this agreement
or that's illegal. You agree that you won't install, deploy, or use
any regeneration equipment or similar mechanism (for example, a
repeater) to originate, amplify, enhance, retransmit or regenerate
a transmitted RF signal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR
END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER
GOOD CAUSE, including, but not limited to: (a) paying late more than
once in any 12 months; (b) incurring charges larger than a required
deposit or billing limit (even if we haven't yet billed the charges);
(c) harassing our employees or agents; (d) lying to us; (e) interfering
with our operations; (f) breaching this agreement; (g) "spamming," or
other abusive messaging or calling; (h) modifying your wireless phone
from its manufacturer's specifications; (i) providing credit information
we can't verify; (j) using your service in a way that adversely affects
our network or other customers; or (k) allowing anyone to tamper with
your wireless phone number.

That covers just about everything. The thing the Sprint customers are
being terminated for is probably covered by (c) or (e) (not that the
"good cause" they terminate you for needs to be listed). (h) probably
covers the things people do to their Verizon phones to restore features
that Verizon removed.

Oh, and then there's

WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY
BY ARBITRATION.

which kind of limits what your lawyer can threaten them with. They've
covered themselves pretty well.

Dennis Ferguson