July 30th, 2009
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T-Mobile is increasing the cost of going over your plan minutes to 40 or 45 cents per minute effective 09/01. The exact changes for your plan will be sent out in your next cell phone bill. You have 30 days from the date of receiving notice that this cost is rising to cancel your plan for free.
According to T-Mobile terms and condition there is no way to simply cancel your contract, you must terminate your service and you will not be liable for the ETF.
Even if you have never gone over your minutes in the past you still have the right to cancel your plan as you may go over your plan minutes in the future and T-Mobile is unilaterally modifying your contract in a materially adverse way.
It may take a few phone calls to customer service, but you should be able to find a rep to let you out of your plan for free. If not you can always write to T-Mobile saying that you do not accept the new terms and you wish to end your contract.
If you want to port your number out of T-Mobile be sure to tell the rep this before canceling service so that they can notate your account to waive the ETF upon completion of porting your number to another carrier. If you cancel your plan before porting your number out of T-Mobile you may not be able to get your number back.
If you try to cancel be sure to let us know what happens!
Here are the relevant T-Mobile Terms and Conditions:
“5. Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE CAN CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THESE T&Cs IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, OR IF A CHANGE INCREASES YOUR SET MONTHLY RECURRING CHARGE(S) (the set amount – which does not include overage, features, optional services, taxes and fees – you agreed to pay each month for at least a one-year Term), WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS NOTICE AND YOU MAY TERMINATE YOUR SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY) BY NOTIFYING US WITHIN 30 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 30 DAYS, YOU ACCEPT THE CHANGES.”