Has Anyone Gone Through Verizon Wireless' Internal Mediation Process? Worth It?

[GME2012]

I'm in the process of reviewing my options with an attorney.  I understand the process, or at least I think I do.  I'm debating going through their Internal Mediation Process while I'm getting ready to file in Small Claims or force Arbitration, or pursue Class Certification (I am aware of the decision by SCOTUS attorney feels we still may have cause for a Class Action Claim.  Scotus hasn't been fully vetted yet, either). 

I"m skeptical that mediation will be just more of the same ridiculousness as Customer Service, Financial Services, Tech Support, Warehouse, etc. etc etc.? Are the Mod's just from Cust Service?  Do they take the time to fully understand or have detailed knowledge of Verizon's agreements?  The representatives through the normal channels haven't read Verizon's Agreements, it is irrelevant to them. 

[jr1961]

Good Luck!

[pherson]

What's the issue that wants you to go thru this process?

[GME2012]

Device Return Fee not being removed.  Do have any first hand experience with the Mediation Process?

[pherson]

Why was the device return fee not removed?

[GME2012]

Apparently It was returned too late for a number of reasons, primarily becuase Tech committed to following up and and asisting in transfering data to the new device.  Then the reps misrepresented the Terms of the Service Contract and then compeled sending the device back, assuring me that the fee would be removed, turns out that department doesn't have the authority to remove the fee.  NOw my phone, defectie or not is gone and I'm being charged for the new replacement.

I don't really want to get into all of the details, cause it'll take all night.  I'm confident enough about my positioin to take it court. 

What I'm not sure of is whether or not I should try their internal Mediatin option first, which doesn't seem to have much of down side before/while I file the claim in court. 

[rcschnoor]

GME2012 wrote:

What I'm not sure of is whether or not I should try their internal Mediatin option first, which doesn't seem to have much of down side before/while I file the claim in court.

I don't think you can do both. If you go the mediation route, you are bound by that decision and cannot take the matter to court. If you were to do so and were unhappy with the decision, Verizon could simply point out you went the mediation route and got a decision. The judge would simply follow that ruling.

You choose one method of conflict resolution. You don't get to  keep trying different methods until you find one which has an outcome with which you are happy.

[GME2012]

You can do both, Mediation is not binding.  If you don't like the outome you go to Arit ration ro Small Claims court. 

[Weth]

Out of curiosity, can you share with us just how long it took to return the phone?

[pherson]

Not only that, but you are required to return it during a specific period of time. You don't get to dictate the reasons why you need to keep the phone beyond the return period.

[GME2012]

There is no time period outlined in the Terms and Conditions.

[pherson]

The paperwork in the box as well as is mentioned by customer service /tech support tell you the timeline to return it and you get a text message as well.

[mama23dogs]

When we signed up for service, we signed a terms of service agreement which requires mediation of disputes.

Also, you have 180 days to mail a letter listing the disputed charge.

YOu are required to keep your account current, even while disputing the charge.  In fact, not keeping it current will damage your standing during the mediation.

PAying the disputed charge in no way implies an acceptance of the charge as valid.

scroll to the bottom of this page, click on 'customer agreement'.   It's a cure for insomnia, but has all the information you require, including the address to mail your letter of dispute.

An attorney will bill you $350 an hour to read this contract and tell you you have to go to mediation.  Which is more than the bill Verizon is sticking you with.  Most situations never get to the mediation table.  As long as they have the phone, they will settle in your favor. 

Consider the inconvenience and annoyance your penance for not sending the phone back in the required amount of time.

[GME2012]

Thank you, I've been getting up to speed on all the Verizon legal documents to make sure I'm missing anything I do need to read the dispute process again.  It doesn't like there is a down side, basically if you don't come out with what you want you just go to the next level which would be Arbitratoin or Small Claims, or if I can convince counsel to attempt to get a  class certified.

My concern is that if it's just a Cust Care Rep or Mgr, then it is a waste of time.  If it's an attorney or someone who understands Contract Law then it might be worth it.  I the cust. service staff has really read the actual contracts. They have all been very nice but they have not authority. 

[GME2012]

And regarding the attorney fees, that's not happening.  If an attorney wants to run with it probono, great, but I'm not doing this out of pocket.  Small Claims is a good option becuase Attorney's or attorney like position, can't be the rerpresentative in court. 

Bacially there is no way I'm paying this.  I will cancel them and go to ATT before I apy this fee.  The way this is has been handled is totally unacceptable.  I've been with them for 15 years.  They instructed me to return the phone. repeatedly.  TYhe fee would waived eventhough.  I had multiple calls with Fin Svesk, Cust Care, etc.  They all said the smae thing.

I"m going to file wth every who will let me - Dept of Consumer Affiat, Attorny Gen., FTC, FCC, CFPB, Dept of Insureance, They will evenhtually do the right thing.  

[mama23dogs]

TO put it rather simplistically, if both parties keep to the letter of the agreements (like returning a phone within the time allotted) then  never is a problem.  As a matter of law, if the agreement is "return the phone in 5 days" then you must, or pay the consequences.  Unfortunately that is where you are, and legally Verizon is in the right. 

The reason for contracts is to remove moral and ethical "right" from any dispute.

I Sympathize.  I also won't discourage you from doing as you see fit, even if I think it's futile.   It is only my opinion, but some customers have been successful.  It is a fact that you didn't keep to the requirements to return the phone within the days allowed, you have admitted that.

I'm going to state another opinion:   This is the 21st century, we should all be tech savvy enough to transfer our own information, without asking a sales person to do so.  They have a right to refuse and should not be responsible for your backup not being perfect or corruption or loss of data during such a transfer.  Customers who are not tech savvy enough to manage this should stick with IPhones, (iTunes will backup and restore for you) or flip phones, which hold little data to speak of and still require a cable to transfer contacts in most cases.

And yes, I've done it, more than once.  I've switched carriers (the moment you port your number, you have no access to cloud and backups) phones and platforms (Android to iOS and back).

[GME2012]

The simplistic answer is that if Verizon had just told me when the charge showed up and I starting disputing it, 3 months ago, that it was not going to be waived, regardless of what their support personnel had told me, we'd be finished with this by now.  Instead they compelled me to return the defective phone, repeatedly telling me that the charge would be reversed once it was received.  Once received, they refused, not only to reverse the charge, but also to return the phone.

The purpose of my post was not to get into a discussion of the details of the situation.  I've read every agreement Verizon has published, talked to countless customer service reps, consulted a couple of close friends who are lawyers, discussed the situation with multiple Consumer Rights groups including regulatory agencies, etc etc etc.  I understand the issues and what I'm up against. 

I posted the question with the hope of hearing from someone who actually has been through the internal Mediation process and could offer some details or insight.

[GME2012]

As far as being able to transfer information to the new phone, the screen failed so,which complicates things.  But I didn't ask for the follow up call, it was offered to me unsolicated.  I was skeptical and questioned his offer.  He assured that it would happen, I pushed back and he continued with more resolve, telling me that he was adding a some sort of calendar event for his team, so that if he didn't get to it, an calandar alarm would go off for everyone.  When he mentioned the 5 day return policy, inquired how I would be able to meet that deadline if he was telling he would follow up in 3 to 5 business days and we approaching the weekend.  He told me the 5 day dealine wasn't the actually the policy, it was further, and even then you could get around it.

No one at Verizon is challenging the commitments from this initlal Tech Support rep. he  documented it well. 

Yes you are right, it's the 21st Century and we have sent men to the moon and back, there is no excuse for Verizon not having a system in place that fasilitates following up on comittments made by their customer service stagg to their valued customers.  This wasn't the only time they failed to follow up, 5 other times they offered to follow up on something and didn't.......

[pherson]

So in other words you want someone to say yes I've done it and I was successful. So then you can feel right about filing a case that you know has no merit. Given the fact they are legal procedures I'm sure there has to be a confidentiality clause that prevents you from talking about it, especially on an online forum. Your best bet it to go thru it on your own, or not do it. You're in the wrong here, that's already been established.

[GME2012]

As I"m sure you know, any disputes with Verizon are subject to binding arbitatration, rather than legal procedures. Internal, non binding, Mediatoin is their attempt to keep the claim out of Arb or small claims court.

In the Agreements that Verizon has published, there are no confidentiality clauses that would apply.  I doubt that would be well recieved anyway.  That said, when they offer to settle my no merit claim they may ask for a Non Disclosure provision, which is primarly to keep the details of the Arb and settlement away from the other customers in disputes. Court records are public domain, Arb is not.

Based the complete ingnorance shown here, can I assume that you have not only not read any of the contracts that outline all this stuff  in detail, but you have also not personally gone through a Mediation as the questions asks, and therefore have nothing worth while to contribute ere?

[mama23dogs]

Since you read the documents, you have some idea of how broad they are.  That can work for you, although it was designed to work for Verizon. 

You have other avenues which I suggest you follow first.  (Why?, because as previously noted, you didn't keep the the limited time to return the phone.  Legally you kicked the legs out from under your own case.)

Other users went through the the Better business bureau and got instant results.  It's free, unlike the lawyer.

As for mediation or arbitration, It's like traffic court, they can't be bothered.  It costs more to fight than to just write you and your account off.  If the Better Business Buearu doesn't work, call their bluff.

IF they don't fold then, consider your bluff called and they have documents to back their side up. 

THen its up to you, is the principal worth more tha what you owe?  Up to you...

(BTW No I didn't go through it, I know those who did or started with about a 50/50 split.  It is fact based, so have all your information on paper.  I can tell you that "tech support said". Isn't going to help you.  The ones with a good outcome never got to the table.  They did follow the process to the letter and kept their outrageous bill current as advised by an attorney.

Of the ones who got to arbitration, very few, reached a compromise.  Each did this on principle because it cost more than to just pay the bill.)

Run with it and let us know.