|2010-08-23, 01:24 PM||#16|
Join Date: Mar 2006
Location: Markham, ON
I am in a 3 year family plan (two phones )with Rogers, 2 years in. I have no data plan for these phones. I never signed a physical contract, but agreed over the phone to the terms which I understand is the equivalent.
When I "accepted" the terms of my service included was free incoming text messaging. Mid 2009, I received notice from Rogers that incoming text were no longer going to be free for my plan. That constituted a change to my plan.
I challenged Rogers, and they stated that they were allowed to change the rates as needed within the clause of the contract. Since I never saw a physical contract (and didn't want to be bored having them read it to me over the phone), I ended the call.
Afterwards, I received my bill and on the back of one the pages (likely the first) by reading the TOS, I realized that they had indeed changed the contract. I called them on it, and they stated it was past the 30 days since the notice was delivered and as such I had agreed to the change, even though I called them to complain about it within the 30 day period (doesn't count - you have to inform them in writing).
They did offer to add some sort of free text messaging to my account but that was going to reset my "contract" date. At that point I had already decided that they were going to loose me as a customer as soon as I could get out cheaply so I didn't accept.
Under the TOS, if they make a second change, you should be able to get out immediately with no ETF.
What bothered me the most is that previously I had called to complain that they were not applying a bundling discount in the manner in which they had verbally promised when I started the contract. When I finally got them to correct the issue (2 months later), I found out later that they had arbitrarily (without informing me) reset my contract date to the date of the correction (even though they were in the wrong).
However they explicitly told me that bundling discounts are never a part of any contract. As such they should not have changed my contract date, especially since they didn't inform me of the change, verbally or written.
So in answer to the 2 questions in the OP:
1) No I never used this clause successfully. (my only vindication will be that Rogers will be loosing a 15 year wireless customer next year).
2) If you don't have a data plan, then yes chances are that a change was made to your plan last year (no free incomeing texts). As you stated however, you would be past the 30 day period. However, any additional change you find should allow termination immediately.
How to port a number while still with a contract within a contract with another carrier is a completely different issue.