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T-Mobile Tower Topples, But Termination Fee Still Stands

By Ed Foster, Section The Gripelog
Posted on Fri Feb 01, 2008 at 09:48:59 AM PDT

Early termination fees are the bane of cell phone customers and a boon for the phone companies. But should they apply when the cell phone service has become unusable due to problems on the company's end? That's what one T-Mobile customer has been wondering.


"I have worked with T-mobile for over six months now on this problem," the reader wrote recently. "Here's the story. When my second child graduated high school and needed her own cell phone, we looked into a family plan. I had been with Verizon for many years and my oldest child had T-mobile. We decided to all join up under T-mobile, the myFaves being the deciding factor."

The reader lives in a rural area and knew coverage could be an issue. "I knew Verizon had better service in our area, but my oldest got adequate service around town so I thought we would be fine. And the phones worked okay -- not wonderful, but okay -- for the first month. Then calls started dropping. Service got less and less and less. Called customer service several times, each time trying something new. Finally they send in an engineering report - the outfit that provides service in our area has lost a tower or something, so the coverage has dropped, they said. No kidding, I noticed that."

While the coverage didn't completely disappear, the lost tower made the service next to worthless for the reader and her family. "We've tried everything we can think of to deal with the problem. Phone says good coverage, make a call, turn my head to look out the window, and call is dropped. No coverage inside buildings, on the road in front of buildings, or even by a tree. Picture me ... 44-year-old woman, cell phone in the air ... slowly turning in a circle to find a signal ... then slowly moving head to cell phone to make the call..."

The final straw came one day when her daughter was on her way home from school. "Car breaks down. She calls home, but in order for her to make the call she has to leave the car (it is about 10 degrees outside) and walk to the end of the block to get a signal. Husband goes to pick her up and calls to get final directions, but she can't receive the call since she is back inside the car."

The reader called T-Mobile to cancel her service. In spite of having acknowledged they're missing a tower, T-Mobile officials would not give an inch on the termination penalties. "To cancel my contract and go with Verizon (which does still have coverage in the area) is $200 per line, for a total of $800. I don't have that kind of money lying around. Customer service says they can't let me out of my contract as long as any service is available in my area. Only option they offer is a wi-fi package. I pay $90 per phone and $40 for a box to use my DSL line for coverage at home. But what about away from home? They told me I can use any of my neighbor's unsecured wireless routers to make calls. Isn't that illegal? Anyway, the upshot is they no longer provide the service I signed up for. But, I still have to pay them my $180 a month for the next 18 months."

Is there a company making it hard for you to terminate your relationship? Tell us about it by posting your comments below or by writing me at Foster@gripe2ed.com.

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T-Mobile Tower Topples, But Termination Fee Still Stands | 18 comments (18 topical) | Post A Comment
Is it T-Mobile's Fault?[ Reply to This ] (none / 0) (#1)
by Anonymous User on Fri Feb 01, 2008 at 10:42:21 AM PDT

Here is the key quote from the article: "the outfit that provides service in our area has lost a tower or something." T-Mobile is not the cell provider who has dropped coverage, it is the other service provider. I am in a similar situation. I am a T-mobile customer, but where I live and work they do not provide coverage. No problem I have free roaming so I use Cell One towers. If Cell One lost a tower how would that be T-Mobile's fault? I am taking my chances with Cell One because of other features with T-Mobile. That appears the same in the article, they chose T-Mobile because "We decided to all join up under T-mobile, the myFaves being the deciding factor." I don't see how T-Mobile can be faulted. They did nothing wrong, so why shouldn't they enforce the early termination fee?

[ Reply to This ]


Changed Circumstance[ Parent | Reply to This ] (none / 0) (#2)
by srynas on Fri Feb 01, 2008 at 11:15:32 AM PDT

If a cell tower becomes unavailable even though T-Mobile does not own it, it does not absolve T-Mobile of the responsibility to provide service to the customers who bought cell phones with the expectation (promise) of service.  If the service goes down, for any reason, I would say that T-Mobile should void the contract since T-Mobile is not upholding its end (providing service) and allow the phones to be returned without an early termination fee.

Personally, I don't think that early termination fees are valid.  If a customer cancels service and returns the phone, the phone company has NOT experienced any "damage".  This is another example of corporation "creating" law.

Furthermore, the readers plight points to an onerous business practice of many companies that involves the licensing certain activities to another company and then claiming no responsibility if the other company fails to perform.  

If cell phone company leases a cell phone tower and the tower operator goes out of business.  The cell phone company should take responsibility for providing alternate service. The claim of "not our responsibly if the lessee goes out of business" is spacious.

[ Parent | Reply to This ]



video converter software[ Parent | Reply to This ] (none / 0) (#31)
by Anonymous User on Tue May 06, 2008 at 01:00:42 AM PDT

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[ Parent | Reply to This ]


Invalid argument[ Parent | Reply to This ] (none / 0) (#3)
by joseten on Fri Feb 01, 2008 at 11:28:44 AM PDT

The problem with your argument is that it assumes that a customer should know AND care that a vendor is using a third party to provide a contracted service. The customer here is paying for a service and not receiving that service. It is the vendors responsibility to provide the service to the customer. the fact that the vendor is using a third party to provide the service and that the third party is failing to provide adequate service is the primary vendors issue, not the customers issue. T-mobile should either fix the issue or give the customer a free termination.

[ Parent | Reply to This ]


video joiner[ Parent | Reply to This ] (none / 0) (#32)
by Anonymous User on Thu May 22, 2008 at 01:58:12 AM PDT

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[ Parent | Reply to This ]


Why is that the customer's problem?[ Parent | Reply to This ] (none / 0) (#4)
by Anonymous User on Fri Feb 01, 2008 at 12:08:23 PM PDT

To my mind the provider - T-Mobile - should have a contract with whichever company operates the tower guaranteeing a quality of service and in this case should be able to recover damages if the service requirement is not met. But T-Mobile's arrangements with other suppliers should not be a concern for its customers - if T-Mobile advertises service in a certain area, it should deliver service, and contractual arrangements with other companies are only the mechanism by which it fulfills that promise.

[ Parent | Reply to This ]


Contracts[ Parent | Reply to This ] (none / 0) (#8)
by PsiCop on Tue Feb 05, 2008 at 06:37:55 AM PDT

Cell-phone service providers (Verizon, T-Mobile, etc.) DO, in fact, have contracts with the companies that own and manage towers. The details of these contracts vary but there are always service-level guarantees included and these often include geographic coverage. The absence of a tower will certainly figure into the SLA results. One tower lost is probably not going to affect anything, but several lost towers might; in that case, the provider is compensated for the loss. This compensation should, among other things, reimburse the company for lost business.

[ Parent | Reply to This ]


A lot probably depends on what T-Mobile advertises[ Parent | Reply to This ] (none / 0) (#5)
by Anonymous User on Fri Feb 01, 2008 at 12:09:10 PM PDT

If the user was using their phone in what T-Mobile considers the user's primary and advertised coverage area, there may be an issue. However if the user is in an extended or roaming area outside of T-Mobile's advertised area, then all bets are off. I live similarly in a rural area, but use a no-contract pre-paid phone. In my case, my home is well outside the advertised coverage area of my phone, and I consider myself lucky that I do get good coverage in my home area. But I also took the calculated risk that this would be the case, and it is nobody's fault but my own if suddenly my phone only worked in the advertised coverage area.

Not knowing the person's specific situation, I can't say whether this is their case or not, but I do agree it's not "fair" to continue charging for a service that the user is unable to use.

[ Parent | Reply to This ]


Yet another reason to go prepaid[ Reply to This ] (none / 0) (#6)
by beamdriver on Fri Feb 01, 2008 at 12:25:49 PM PDT

The idea of signing up for a two year haul with a cell phone provider makes no sense at all if you can possibly avoid it.

Also, what recourse does T-Mobile have if you cancel and simply don't pay?

[ Reply to This ]



TM[ Reply to This ] (none / 0) (#7)
by Anonymous User on Fri Feb 01, 2008 at 10:50:36 PM PDT

You should find out how to get ahold of t-mobiles executive offices, and start your complaints there. They have the power to solve problems the level-1 CSR's don't have. Check www.consumerist.com for other stories and info how to find executive email/phone info.

And, report t-mobile to your local state utility commission, they have to respond to each complaint. (At least in CA) Might as well complain to the FCC while you're at it, keep the pressure up to eliminate Termination Fees.

[ Reply to This ]



Call early, call often, call AG[ Reply to This ] (none / 0) (#9)
by Anonymous User on Tue Feb 05, 2008 at 12:38:18 PM PDT

If T-mobile indicated you are in their service area and they fail to make good, you have a strong case to fight them. As others have said, every time you have a dropped call, call the service center. Keep their feet to the fire. Document your calls, dropped calls, location and advertised service area. Then contact your state attorney general for help, providing them the documentation that the provider is failing to deliver their product.

[ Reply to This ]


As the customer involved...[ Reply to This ] (none / 0) (#10)
by Anonymous User on Wed Feb 06, 2008 at 01:42:41 PM PDT

On the advice of Ed, (thanks btw) I filed a complaint with the FCC. After over 6 months of talking with customer service and being told "nothing can be done" I got a letter saying they had voided the early termination fee and I am now with Verizon (only other carrier in my area) And the reception is amazing! Interestingly enough, the letter from T-mobile arrived the same day a letter from the FCC arrived saying they had contacted T-Mobile to resolve the problem! As to why I signed the 2 year agreement... when I signed up I was told that was the ONLY way... I know better now.

[ Reply to This ]


Don't bother with FCC[ Parent | Reply to This ] (none / 0) (#12)
by Anonymous User on Mon Feb 11, 2008 at 11:12:57 AM PDT

Going to the FCC is a total waste of time. Go to your state communications commission. I have found them much more responsive and the phone companies will respond because they don't want to lose the ability to business in your state. On the other comments, if there was T-Mobile service, the person had the expectation of receiveing it in the future. If T-Mobile can't provide it (or choses not to), they should cimply cancel the contract. If a land-line company lost a cable to your area and had no plans to replace it, wouldn't you be justified in cancelling any contract?

[ Parent | Reply to This ]


Do Bother with the FCC[ Parent | Reply to This ] (none / 0) (#13)
by Anonymous User on Mon Feb 11, 2008 at 12:37:06 PM PDT

States have nothing to do with wireless phone companies ability to do business in a State. States can regulate some consumer protection issues, like how bills are presented, but that's about it. The feds consider the wireless spectrum a national asset and not a state asset.

[ Parent | Reply to This ]


Here's an idea--dispute all charges...[ Reply to This ] (none / 0) (#11)
by Anonymous User on Thu Feb 07, 2008 at 11:55:52 AM PDT

What happens if you sign up for T-Mobile's EasyPay (automatically charging your CC every month), then dispute EVERY monthly charge that comes in? Sooner or later T-Mobile will get the drift and drop you as a customer--then they have NO recourse to charge a termination fee...

[ Reply to This ]


Sooner or later T-Mobile will get the drift...[ Parent | Reply to This ] (none / 0) (#14)
by myxklptk on Mon Feb 25, 2008 at 11:22:06 AM PDT

Wanna bet?

[ Parent | Reply to This ]


bunsiness[ Reply to This ] (none / 0) (#15)
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[ Reply to This ]


silenr killer[ Reply to This ] (none / 0) (#33)
by Anonymous User on Fri Jun 13, 2008 at 11:19:07 PM PDT

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T-Mobile Tower Topples, But Termination Fee Still Stands | 18 comments (18 topical) | Post A Comment
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