Not too long ago we reported on rumors of an impending change Sprint was going to be making to itâ€™s Terms of Service in how they calculated discounts on Business and Family Shared plans. Well that rumor is now fact.Â The below is an insert in the current bill going out for Sprint, going into effect on the February bill cycle.
Discount Policy Change Notice
Effective your February bill cycle, Family and
Business Share monthly plan charges will be
billed differently. Discounts will only apply to
the monthly recurring charge of the primary
line. Line 2 will be billed at the applicable
Add-a-Phone rate and will not be discount
Click past the break to see what your options are.
This does in fact violate the Terms of Service and represents a material breach of contract, and in doing so allows you to cancel the contract without an ETF (early termination fee).
Here is the specific clause from the ToS (emphasis is Sprintâ€™s):
Our Right To Change The Agreement & Your Related Rights
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 changesâ€”and we may provide you notice of non-material changesâ€”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.Â 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.
So you have 30 days from the effective date of the change, meaning your entire February bill cycle, to cancel otherwise you accept the change and the Agreement goes on.Â If you do decide to cancel, be wary of the uninformed Customer Care associate who is not familiar with the ToS (andÂ veryÂ few are) as they will attempt to say this change does not allow you to cancel without the ETF. However, here is the key phrase to keep in your arsenal:Â “If a change we make to the Agreement is material and has a material adverse effect.“
This change is obviously material and the adverse effect is as it relates to you. They cannot tell you that this is not adversely effecting you as you are paying the bill, not them. They further provide you with the terminology to use when contact Customer Care:Â “specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made.“