Users are responsible for charges even if device is lost


Service: sprint
Status: approved
Changes: 4
Source: link
Author: Michael


Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. A lost or stolen Device does not affect your Term Commitment, and you will still be responsible for an Early Termination Fee if you terminate Services early. You will still be responsible for any lease or installment billing obligations, as well as any monthly recurring charges associated with the Service on your Device after you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.)


Comments:
On 2018-05-15 09:11:46 UTC, someone wrote:

imported from gnKl4G33PmM

On 2018-05-23 12:40:42 UTC, someone wrote:

https://groups.google.com/forum/#!msg/tosdr/gnKl4G33PmM/SzPzsOeluiQJ The *reduced ETF* gets +1 in my book. I'm not sure how common that is among
carriers, but it should be industry standard.

How to handle* fees inside a ToS* is tricky. If they're hiding activation
fees in the terms that you don't know about until you get your bill, then I
think ToS;DR should put some sort of "Fees hidden in ToS" warning. If
they're up front about things like activation fees and show it in your
total as you check out with a new phone plan then I don't see any reason
ToS;DR should include them.

About being *on the hook for a stolen phone* - I thought about the ideal
scenario here, and the 'best' solution I could come up with is removing any
overage charges after the date/time that you say the phone was stolen in a
filed police report because it is perjury to lie in a police report. The
next best solution I could come up with is the way they do it, which is to
remove overage charges from the time you call them. You are still stuck
paying your normal monthly fee while the phone is replaced, but this is the
same if you break your phone - both are not really the phone company's
fault so you still pay your normal monthly fees. Honestly, I'm kind of fine
with Sprint's entire lost or stolen policy. My dad had his phone stolen on
vacation once, and it did not turn out nearly as well as it is laid out in
this policy (different carrier).

Sprint also has an *indemnification policy*:
You agree to indemnify, defend, and hold Sprint and our subsidiaries,
affiliates, parent companies harmless from any claims arising out of or
relating to your actions, including, but not limited to ...

I'd be interested in getting a lawyer's or expert's opinion on the
indemnification thing. The only one I've read so far that doesn't have it
is Wikipedia.

On Friday, August 10, 2012 1:19:43 PM UTC-6, Brandon wrote:
>
> Ok, I went through and made a summary of what I feel are the important
> parts in the ToC.
>>
>>
> *Good - ETF is reduced monthly*
> "The ETF is prorated and is calculated by taking the months remaining on
> your Agreement times $20 for Advanced Devices, with a maximum of $350, and
> minimum of $100. For all other devices, the prorated ETF is calculated by
> taking the months remaining times $10 with a maximum of $200 and minimum of
> $50."
>
> *Info - There are activation fees and sometimes deposits*
> "Up to a $36 activation fee applies to new activations, certain service
> plan changes or upgrades of phones or devices. A reconnect fee of up to $36
> may apply to reestablish service on all accounts that have
> been disconnected for nonpayment or discontinuous of service. A deposit, in
> most instances between $50 and $750 (but sometimes up to $1000), may be
> required per line to establish service."
>
> *Bad - User may be on the hook for a stolen phone*
> "Call us immediately if your Device is lost or stolen because you may be
> responsible for usage charges before you notify us of the alleged loss or
> theft. A lost or stolen Device does not reduce or remove your Term
> Commitment. You will remain liable for any monthly recurring charges
> associated with the Service on your Device after you notify us of the
> alleged loss or theft. You agree to cooperate if we choose to investigate
> the matter (provide facts, sworn statements, etc.). We may not waive any
> Early Termination Fees if you choose to terminate Services as a result of
> loss or theft of your Device."
>
> *Good - Can leave contract if terms change*
> "We may change any part of the Agreement at any time, including, but not
> limited to, rates, charges, how we calculate charges, discounts, coverage,
> technologies used to provide services, or your terms of Service. We will
> provide you notice of material changes—and we may provide you notice of
> non-material changes—in a manner consistent with this Agreement (see
> "Providing Notice To Each Other Under The Agreement" section). If a change
> we make to the Agreement is material and has a material adverse effect on
> Services under your Term Commitment, you may terminate each line of Service
> materially affected without incurring an Early Termination Fee only if you:
> (a) call us within 30 days after the effective date of the change; and (b)
> specifically advise us that you wish to cancel Services because of a
> material change to the Agreement that we have made. If you do not cancel
> Service within 30 days of the change, an Early Termination Fee will apply
> if you terminate Services before the end of any applicable Term Commitment."
>
> *Alert - Service can be ended at any time*
> "We can, without notice, suspend or terminate any Service at any time for
> any reason. For example, we can suspend or terminate any Service for the
> following: (a) late payment; (b) exceeding an Account Spending Limit; (c)
> harassing/threatening/abusing/offending our employees or agents; (d)
> providing false or inaccurate information; (e) interfering with our
> operations; (f) using/suspicion of using Services in any manner restricted
> by or inconsistent with the Agreement and Policies; (g) breaching, failing
> to follow, or abusing the Agreement or Policies; (h) providing false,
> inaccurate, dated, or unverifiable identification or credit information or
> becoming insolvent or bankrupt; (i) modifying a Device from its
> manufacturer specifications (for example, rooting the device); (j) failing
> to use our Services for an extended period of time; (k) failing to maintain
> an active Device in connection with our Services; or (l) if we believe the
> action protects our interests, any customer's interests, or our networks."
>
> *Bad - Entered into mandatory arbitration *
> "We each agree to arbitrate all Disputes between us, on an individual
> basis, not on a class-wide or consolidated basis. This agreement to
> arbitrate is intended to be broadly interpreted. In arbitration, there's no
> judge or jury. However, just as a court would, the arbitrator must honor
> the terms and limitations in the Agreement and can award damages and
> relief, including any attorneys' 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."
>
> "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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On 2018-05-23 12:40:48 UTC, someone wrote:

https://groups.google.com/forum/#!msg/tosdr/gnKl4G33PmM/lOjwcxfvayIJ I also like how they tell you to call them if your phone is lost or stolen.
This is like when clients email me to tell me their email is broken.

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On 2018-05-23 12:40:52 UTC, someone wrote:

https://groups.google.com/forum/#!msg/tosdr/gnKl4G33PmM/zbhtOH7CfnIJ I see a phone theft the same way I see a broken phone as far as
replacements go. If you got phone insurance or have coverage of some kind
then it gets replaced. If not, then it's on you. Stolen or broken isn't the
phone company's fault, and you still need to be paying your monthly bill
because your phone cost is subsidized in that. If you stop paying your bill
then the phone company loses money on the subsidy. The main problem with
stolen phones is the charges that get racked up on them (they call those
phone numbers that charge you per minute). If your phone is stolen and you
only have to pay the $300 to replace it then you got off pretty ok.

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On 2018-05-23 12:41:06 UTC, someone wrote:

https://groups.google.com/forum/#!msg/tosdr/gnKl4G33PmM/hNmL4dyeVQYJ Ahh, I didn't realize this would make a new thread. Regardless, I'm going to go through the rest of Sprint's terms (my current carrier) and see what they're like.

Michiel - Sprint's terms are the only ones I read through. Not what anyone else is like.

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On 2018-05-23 12:41:31 UTC, someone wrote:

https://groups.google.com/forum/#!msg/tosdr/gnKl4G33PmM/Yx81m2jqNTAJ I left out the indemnification part because it focuses on the users
actions.
>
>
Regarding the fees, I'll have to see. I do remember reading about an
activation fee when I signed up, but there definitely was no mention of the
sometimes-required deposit. I'll have a look around and see if they make
the activation fees clear.

With the reduced ETF, Verizon had it when I signed up, but changed it
shortly after. I'm planning on looking at the big 4 (Verizon, T-Mobile,
AT&T [Sprint]) so I'll look for commonalities.

The stolen phone policy is debatable. What if there's no option for
replacement (i.e., no warranty) and the user is left without a phone. They
shouldn't pay for any charges occured from the next billing cycle onwards
and any premium charges (like apps or music) should be refunded after the
stolen report. Ideally though, service would be shut off to the phone when
the stolen report occurs.

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On 2018-05-23 12:41:36 UTC, someone wrote:

https://groups.google.com/forum/#!msg/tosdr/gnKl4G33PmM/QyWsnj2WPbUJ Just a confirmation that Sprint discloses any activation fees, but no
mention of potential deposits.
>
>

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On 2018-05-23 12:41:37 UTC, someone wrote:

https://groups.google.com/forum/#!msg/tosdr/gnKl4G33PmM/p8M5uBvOslIJ Ok, I went through and made a summary of what I feel are the important
parts in the ToC.
>
>
*Good - ETF is reduced monthly*
"The ETF is prorated and is calculated by taking the months remaining on
your Agreement times $20 for Advanced Devices, with a maximum of $350, and
minimum of $100. For all other devices, the prorated ETF is calculated by
taking the months remaining times $10 with a maximum of $200 and minimum of
$50."

*Info - There are activation fees and sometimes deposits*
"Up to a $36 activation fee applies to new activations, certain service
plan changes or upgrades of phones or devices. A reconnect fee of up to $36
may apply to reestablish service on all accounts that have
been disconnected for nonpayment or discontinuous of service. A deposit, in
most instances between $50 and $750 (but sometimes up to $1000), may be
required per line to establish service."

*Bad - User may be on the hook for a stolen phone*
"Call us immediately if your Device is lost or stolen because you may be
responsible for usage charges before you notify us of the alleged loss or
theft. A lost or stolen Device does not reduce or remove your Term
Commitment. You will remain liable for any monthly recurring charges
associated with the Service on your Device after you notify us of the
alleged loss or theft. You agree to cooperate if we choose to investigate
the matter (provide facts, sworn statements, etc.). We may not waive any
Early Termination Fees if you choose to terminate Services as a result of
loss or theft of your Device."

*Good - Can leave contract if terms change*
"We may change any part of the Agreement at any time, including, but not
limited to, rates, charges, how we calculate charges, discounts, coverage,
technologies used to provide services, or your terms of Service. We will
provide you notice of material changes—and we may provide you notice of
non-material changes—in a manner consistent with this Agreement (see
"Providing Notice To Each Other Under The Agreement" section). If a change
we make to the Agreement is material and has a material adverse effect on
Services under your Term Commitment, you may terminate each line of Service
materially affected without incurring an Early Termination Fee only if you:
(a) call us within 30 days after the effective date of the change; and (b)
specifically advise us that you wish to cancel Services because of a
material change to the Agreement that we have made. If you do not cancel
Service within 30 days of the change, an Early Termination Fee will apply
if you terminate Services before the end of any applicable Term Commitment."

*Alert - Service can be ended at any time*
"We can, without notice, suspend or terminate any Service at any time for
any reason. For example, we can suspend or terminate any Service for the
following: (a) late payment; (b) exceeding an Account Spending Limit; (c)
harassing/threatening/abusing/offending our employees or agents; (d)
providing false or inaccurate information; (e) interfering with our
operations; (f) using/suspicion of using Services in any manner restricted
by or inconsistent with the Agreement and Policies; (g) breaching, failing
to follow, or abusing the Agreement or Policies; (h) providing false,
inaccurate, dated, or unverifiable identification or credit information or
becoming insolvent or bankrupt; (i) modifying a Device from its
manufacturer specifications (for example, rooting the device); (j) failing
to use our Services for an extended period of time; (k) failing to maintain
an active Device in connection with our Services; or (l) if we believe the
action protects our interests, any customer's interests, or our networks."

*Bad - Entered into mandatory arbitration *
"We each agree to arbitrate all Disputes between us, on an individual
basis, not on a class-wide or consolidated basis. This agreement to
arbitrate is intended to be broadly interpreted. In arbitration, there's no
judge or jury. However, just as a court would, the arbitrator must honor
the terms and limitations in the Agreement and can award damages and
relief, including any attorneys' 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."

"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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On 2018-08-30 08:43:03 UTC, import script wrote:

scripted message: please link to a quote

On 2018-09-13 07:52:31 UTC, import script wrote:

scripted message: moving this point to Michael

On 2018-09-20 11:27:32 UTC, Michael wrote:

I'll create new points for other topics discussed.

On 2018-09-20 11:27:54 UTC, michielbdejong wrote:

approved:

On 2018-09-20 11:44:49 UTC, michielbdejong wrote:

not creating a point about the hidden fees, it's not something about the terms, but about the offer page that supposedly misses that info



We track editorial changes to analyses and updates to a point's status and display the previous versions here as part of an effort to promote transparency regarding our curation process.

Version 1: 2018-09-20 11:27:53 UTC by michielbdejong

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: pending

Updated Status: approved

Version 2: 2018-09-20 11:27:32 UTC by Michael

Previous Title: Sprint review

Updated Title: Users are responsible for charges even if device is lost

Previous Analysis: .

Updated Analysis:

Previous Status: No changes recorded

Updated Status: No changes recorded

Version 3: 2018-09-20 11:20:27 UTC by Michael

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: changes-requested

Updated Status: pending

Version 4: 2018-05-15 09:11:45 UTC by someone

Previous Title:

Updated Title: Sprint review

Previous Analysis:

Updated Analysis: .

Previous Status:

Updated Status: pending