How to get out of your T-Mobile contract

Those of you looking for a reason to get out of a T-Mobile contract, now is the time to do it for free without paying the early termination fee. T-Mobile will be raising their text messaging rates to $0.20 per message starting August 29, 2008. It’s your right to cancel your contract without paying ETF at anytime whenever they make a change in your contract. Give T-mobile a call to cancel and tell the CSR “T-mobile is raising its text message rates August 29th to 20 cents per message. This counts as what is known as a materially adverse change of contract. Under standard contract law” and add “I can not accept those charges so please cancel may account without EFT as this is clearly an MATERIALLY ADVERSE CHANGE OF MY CONTRACT.” If they give you more trouble, read the following from their contract:

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.

It doesn’t matter if you have limited or unlimited texting plan, you should be able to cancel. Keep calling until you find a CSR willing to do it for you. Even if you don’t want to cancel your plan, call them up to cancel so they will offer you freebies such as unlimited text, free internet, and 1 month of free services.

Here are some FAQs from Slickdeals:

1) As of now, with T-mobile, messaging charges are MANDATORY (ie: text, picture, video, IM). A customer can choose NOT to send any text messages, picture messages, video messages, or instant messages, but currently CANNOT choose who can or cannot send messages to him/her. Since T-mobile charges for all INCOMING and outgoing messages, and currently has no effective way of disabling (or not charging) customers for inherent network messaging features, customers are charged regardless if the messages were solicited or not.

However, T-mobile DOES have a legitimate argument that this messaging increase does NOT affect customers with the Unlimited Messaging Add-On (since no measurable effects will be felt by the customer on their future bills). Therefore using “increasing messaging charges” as an excuse to waive the ETF on accounts with an Unlimited Messaging Add-On is a BIG YMMV!

Also, when T-mobile does implement controls that allow customers to block unwanted messages (which according to rumor should be in the near future), using “increasing messaging charges” as an excuse to waive the ETF on ANY T-mobile account (regardless of messaging add-on) will be INVALID. This is because messaging charges will NOT BE MANDATORY anymore, since there would be a user-controlled way to opt-out of the network’s messaging feature.

2) Customers using this “increasing messaging charges” excuse WILL NOT BE ABLE TO STAY MONTH-TO-MONTH! Your options are: A) cancel your line and lose your number, or B) port your number to a different carrier.

3) If you are using this excuse to leave T-mobile for another carrier or because you don’t need the number/line anymore, this is a pretty good opportunity to do that. Better do it this time, as in the future “increasing messaging charges” may not be a valid excuse anymore (see #1).

4) If you are using this excuse to get a new phone at “new customer” prices either for personal use or profit AND you want to stay with T-mobile, then this may NOT work for everyone due to the following reasons: A) T-mobile will NOT let you stay month-to-month after using this excuse (either port out or cancel line), B) T-mobile will only consider you a “new customer” if you DIDN’T have T-mobile for the previous 90-days or more, and C) the LONGEST “trial period” any carrier gives in the United States is 30-days (correct me if I’m wrong).

Therefore, if you are using this excuse to get a new phone, this would only work IF you could: A) cancel your line and sign up using SOMEONE ELSE’S NAME (ie: new family plan in spouse’s or relative’s name), or B) if you could survive on a PREPAID phone for 90-days (but if you don’t use their phone that much in the first place, then you probably should be on a prepaid plan to begin with to save money), or C) if you switched to another carrier offering NO-CONTRACT options for 90-days or more (only a couple carriers offer no-contract options upon sign-up). For options B & C, after 90-days, you can sign back up with T-mobile as a “new customer”.

5) Usually T-mobile will have you wait until the official announcement is out and printed inserts/statements are included with the paper/electronic bills BEFORE cancelling/porting your line without ETF. However, it MAY also depend on which operator you get and how nice you are to them. If you can’t wait for the official announcement, you can try getting out of your contract ETF-free sooner, but YMMV.

6) And usually once T-Mobile makes up its mind to change the contract (ie: increassing messaging rates), they usually start notifying any new customers signing up about the change and effective date. Therefore, for anyone thinking about signing up with T-Mobile right now for a free/cheap phone and then cancelling their contract ETF-free using this excuse, I would say chances are extremely slim-to-none…