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Sprint and Old Phones...

Discussion in 'GENERAL Wireless Discussion' started by dougyitbos, Feb 22, 2008.

  1. dougyitbos

    dougyitbos New Member

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    So my wife has what sprint considers an OLD phone.
    They are telling us we MUST replace it.

    Here's the problem.
    We're not at all happy with Sprint.
    (which is saying something as my wife has been with them for over 10 years)

    The last thing we want to do is buy ANOTHER sprint phone and thus extend our relationship with them.

    Does the "You MUST by a new phone to keep service" constitute a material breach of contract?
    If so I'd rather just say no thanks and cancel the service.
     
  2. Eric47

    Eric47 Bronze Senior Member
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    get urself a new phone either paid for outright (retail price) or buy one off of ebay. just have them add it to your account and tell them you dont wanto renew your contract. that should be fine. if you dont have a contract i dont think your looking at a breach of contract anything, there are T&C that you do have to follow and maintain to be allowed to use a companys service, and one they do ask is that you use appropriate equipment, so yea it is possible that they tell you that.
     
  3. dougyitbos

    dougyitbos New Member

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    Thanks.
    I do have a contract.

    I was "hoping" though that since we got the phone from them it is reasonable to assume that it is appropriate equipment.

    And I don't remember anything that said "we get to decide that our equipment may become un-appropriate requiring you to upgrade."

    All contracts, if you really want to fight them and i don't think I do, are subject to the "reasonable person's interpretation." Legally I think a case could be made here. :)

    It's been a while since business law - but when a representative of a company sells you equipment to use with their service it's reasonable for a contract party to assume they are providing the "appropriate equipment" that was mentioned.

    but alas...
    that's a lot more hassle than it's worth - which is no doubt what they count on.
    It'd be cheaper and quicker to pay the cancellation fee. :)
     
  4. budney

    budney Resident Headbanger
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    What phone do you have? The only times I have heard of Sprint wanting/forcing someone to upgrade their phone was for e911 and the other had to do with Vision/Non-Vision phones and changes to the billing system (I think).
     
  5. TelcomJunkie

    TelcomJunkie Bad Handoff Investigator
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    The only people I've heard of being forced to upgrade are those with non E911 compliant phones.
     
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  6. liagb59

    liagb59 Junior Member
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    Where are you? I am in Conn. and I am not happy with Sprint and their DROPPING CALLS all the time and I have been with them over 10 years too.
    You can go get a phone on EBAY and bring it to a Sprint store to have it activated of course for a fee but no contract renewal is needed. GOOD LUCK
     
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  7. MOTOhooligan

    MOTOhooligan Former Mobile Data Addict
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    Ditto... and if you have a contract with them, your phone should be less than two years old, I would assume... unless you renewed for something other than equipment.

    Can you please post your phone model? That might help us determine what is going on.

    And no, it doesn't constitute a material change to the contract if they're requiring you to change to a phone that is E911 compliant. That's a legal mandate from the FCC. Sprint has to have a certain percentage of their customers on E911 handsets by a certain date or they face fines.
     
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  8. hereticcavi

    hereticcavi New Member

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    I work for a store in ohio and we dont charge for ESN swaps onto your account, it just resets upgrade eligability
     

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