In February, my husband and I consistently had bad service in our house and we were
sick of not being able to use our cell phones in our own home. I decided because my nephew could get me a discount for an iPhone, I would find out when my cell phone contract ended so we could switch over to AT&T. Because the contract end date is less than accessible, I searched through my online account and lo and behold I learned the two phones expired March X and March Y, 2008. Whoohoo! So being the diligent person I am, I called the cell phone company and confirmed those dates. I wrote them down and asked five times can I port over my numbers on March 1 and March 3 respectively. The very kind customer service representative said yes. I called back again and did the same thing, confirmed, wrote down this information, and told them I wanted to end my contract.
So March comes along and as I though I was told to do, I switched my phones over and March Xand March Y. Apparently, I had been mistaken or the customer services representatives had been less than clear. I am putting the blame on myself a little but like I said, I asked if I could port XXX-XXXX over on March X and XXX-XXXX on March Y and I promise that I was told "yes." And I'm sure you can guess what happened next. I received a bill that had some remaining charges and a big fat early termination charge. My face turned red and after breathing into a paper bag, I calmly called the cell phone customer services. I spoke with yet another delightful customer service representative who told me should couldn't waive the entire fee but would send it off to an office that could. She acknowledged that because it was only two days, it could probably be waived.
Then I waited for an answer. And I got an answer alright, a letter stating that I owed this big fat early termination fee. Oh hell no! Again I called customer services expecting similar assistance but was I mistaken. The service representative looked up my information and informed me that I was told that my contract ended March 3 on two occasions and that I was wrong they were right. I explained to them I asked several times if I could port the number on March 1 and was told yes, yes, yes, yes, and of course, yes. But oh no. I was told this. Although my blood pressure continued to rise, I asked very calmly, if I knew the end date had been March 3, why would I terminate early and incur a late fee? She snidely answered: well I don't know that answer. She told me the best she could do was split the difference.
Of course I was less than satisfied over her response so I asked to speak to her supervisor. This woman parroted the same information and seemed equally snotty. Because I spent big bucks on law school, I decided to throw in some legal terms like detrimental reliance and unjust enrichment. That went over their heads so finally I asked if there was someone else with who I could speak. She gave me an address and I went right to work drafting my letter, explaining my situation, and using legal arguments. The next day I mailed in my letter and patiently waited and worried.
But happy endings do happen! I received a call back from the fancy office that can make the big decisions. A lovely representative who gets extra points for pronouncing my last name correctly told me that although they don't think they did anything wrong, they would waive the big bad early termination fee because the termination had been less than two days from their claimed termination date. Phew! I thanked her profusely and hung up.
And yes, it is possibly I might have been in the wrong a little. I might have misheard, although I swear, I did not. They specifically said I could terminate those numbers on two different dates. But honestly, those early termination fees are ridiculous if you terminate within 36 hours of the alleged date. I won't go into the legal reasons why I think those fees can be wrong but in my case, I thought it was. Go ahead, criticize me for my foolishness. I probably am but heck does it feel good to win sometimes.