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A few weeks back I posted an article in regards to Verizon increasing their regulatory charges and how, with the helpful advice from TheConsumerist, it could have been seen as a breach of contract, letting you out of your contract early without paying an ETF. Well, it looks like T-Mobile may be pulling “a Verizon” because starting this August, T-Mobile will begin adding an extra $.20 cents more for their “regulatory programs fee.” This is more than the paltry $.03 cent increase Verizon customers saw on their mandatory regulatory charge a few weeks back but even then, many were able to break out of their contract without having to pay a pesky ETF. We now have the official details as sent out via e-mail from T-Mobile:
Dear T-Mobile Customer:As you know, T-Mobile, like many other wireless carriers, charges its customers a regulatory cost recovery fee. T-Mobile’s Regulatory Programs Fee (RPF) is not a tax but is a fee we collect and retain to help us recover the costs associated with funding and complying with a variety of government mandates, programs, and obligations, such as enhanced 911 programs, number portability, and governmental requirements concerning the construction and operation of our network. These programs and the costs of compliance vary over time, as do the costs that T-Mobile includes in the RPF. Starting with bills after August 15, 2011, the RPF is increasing from $1.41 to $1.61 per line per bill cycle. Additional information about the RPF can be found in the Terms and Conditions for your account. T-Mobile’s Terms and Conditions are available at www.T-Mobile.com.
There it is, in case you needed some harder proof. I’m not saying this fee increase will send anyone to the poorhouse, but any change (no matter how small) to a contract you’ve signed is a breach of contract and deserves some attention. Just like in Verizon’s case, a little bit of persuading may be required on your part to convince T-Mobile that these charges are “materially adverse” but who knows, you may be able to get out of that T-Mo contract Scott free. That’s assuming you even want out of your T-Mobile contract in the first place.
Thanks, Chris!
Didn’t Quentyn just post this earlier?
http://phandroid.com/2011/07/13/t-mobile-set-to-impose-another-regulatory-fee-increase-august-15th/
Yeah, but now our tipster finally confirmed it.
Break free? PFFT. T-Mobile rules. And when 42mbps enabled phones come out it will only get better
Especially when you’re data capped and still getting 4G speeds!! Shh!! Don’t tell Tmo about this. :P
Yea! They used to throttle me a few months ago but I haven’t been throttled at all recently (and I’ve gone over 7 gigs this month)
They Refuse To Do Anything What So Ever Over The Phone Saying They Cannot Do It ….. Jr.
http://www.t-mobile.com/promotions/pcmtemplate.aspx?passet=Pro_Pro_NSFLegal#RegulatoryProgramsFee
Can I terminate my contract without incurring an Early Termination Fee because of the Regulatory Programs Fee increase?
No. Early Termination Fees will apply if you choose to terminate because of the Regulatory Programs Fee increase.
Can anyone confirm that you can actually leave your T-Mobile contract even tho the legal notices say you can’t.
From TMobile terms and conditions:
“5. Our Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees);
(B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS’ NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.” So when did this e-mail go out and who recieved it.
I called and they refuse to do it and said you need to mail copies to customer relations and they will get back with you within a week. I’m gonna try it
What kind of losers try to weasel their way out of contracts over 20 cents?