Contract shows as completed early. Bank error in my favor?

[rkeap]

I switched to Verizon in January and got a new iPhone. Now my account says my contract is ended, I'm a month-to-month customer and am eligible for an upgrade. Does this mean I can switch to another carrier and keep my phone without an ETF?

[Weth]

Like many bank errors, an auditing system may catch it at a later date and then send you the ETF.

[rkeap]

So should get on it and switch now?

[Weth]

It's taking a chance, if they catch it at a later date, you will still owe the ETF.  Just like if the bank puts $1,000 in your account by mistake and you quickly go out and spend it, when the bank figures out it gave you $1,000 in error, you owe it back. Spending it is actually a crime when you know it is not yours.

It all depends if you feel lucky, how averse you are to risk, and you don't mind paying $350 if you get caught.

[rkeap]

Hmmm...how do you know this? Is there documentation of this somewhere? It sounds to me like you're guessing it would be this way based on your own opinions of how it would logically work, when it might not. Do you work for Verizon?

For example, my mom was bank teller and manager for about 30 years, and she said that if a teller gives you more money than you withdrew, they can ask/encourage/beg/intimidate you into giving it back, but legally the person who received the money has no obligation to return it.

I appreciate your replies, I'm just trying to get accurate replies, not conjecture.

[Weth]

I am not guessing. What I am telling you is legally the case. You can keep asking until someone gives you the answer you want, but that does not make it right. The same goes for a teller giving you money in error, it is just harder to prove. But if there is proof, not too hard these days with video, you are still not given a pass for taking money that is not yours under any circumstances.

See below for discussion and legal consequences for those that think bank errors are free money. Or ask any lawyer.

Bank Error in Your Favor? - Forbes

http://www.ncconsumer.org/news-articles/using-money-mistakenly-deposited-into-your-account.html

Bank error in your favor (Page 1 of 3)

Teen convicted of spending $30,000 bank put in his account by mistake | fox13now.com

http://www.dailyfinance.com/2009/12/09/bank-deposit-error-in-your-favor-give-it-back/

Georgia man sentenced for spending spree after $31,000 bank teller error | abc13.com

I do not work for Verizon. I am not in the telecommunications industry. I am not a lawyer. I am just a consumer of Verizon cellular services.

[mama23dogs]

If you used Edge to buy your phone, yes, after 30 days you would be out of contract.  But you still have an installment loan for the phone.   After you pay off 75% of the phone cost you could trade in your current phone and enter a new Edge installment plan.

if you port your number out, the balance of the Edge would be due in full.

If you have a 2 year subsidy plan, then I think Weth is right, it's a mistake, which will be fixed.

[rkeap]

As I said, I appreciate your replies, so you don't need to get snotty and assert that I'm just looking for the answer I want to hear. What I'm looking for is accurate, verifiable information.

That said, you're correct about the bank thing (thanks for the links), but again, that doesn't necessarily bear on this issue. Banks are regulated by entirely different laws than other businesses. For example, unlike a bank—who you legally have to return any extra to that they may give you—if Amazon were to mistakenly send you five iPads when you only ordered one, the FTC says you don't have to return them. http://www.consumer.ftc.gov/articles/0181-unordered-merchandise

And in my case, we're talking about a contractual obligation, not a billing issue: They didn't falsely credit my account or stop charging me. They've simply said that the contract we entered into is complete before the date we agreed to. This is something either party is entitled to do, but if *I* do it, I'm obliged to pay an ETF.

The question is: If they end the contract early, mistake or no, can I be held responsible for the early termination? And can this even be reversed if they find it anyway?

I'm not posting here out of laziness or lack of an ability to Google things for myself. I've been looking all day. I was hoping to get advice from someone who knows this situation specifically. Either someone in authority from Verizon or someone who's had experience with this situation.

[Tidbits]

You will have to pay the ETF. Just because of an error in the system doesn't mean the contract is invalid on that date. The only time the contract change matters is when it is given verbal or written by someone authorized to do so. The system itself is NEVER authorized to do so(Reason why things have to be put in manually) Even when activating a new line online it is done it will be checked out by a person.

[Weth]

Well you got snotty first, but let's put that behind us.

A Statement on a web page is not equivalent to letting you out of a contract.  Therefore the contract is still in place.   You would need to get a formal email or letter. The rules really are not that much different than the bank examples. You wouldn't go to jail for this though.   

Usually what what happens is there was some type of error that changes many accounts.    The chances it was just you is very small. Eventually the error is found and all the accounts impacted by the error are put back to the correct status.  If your account is cancelled, an ETF would be automatically triggered.  And there is nothing in the law to back you up as being in the right. 

LIke I said, It depends if you are feeling lucky.  But you have no legal protection you are right.  It is not the Amazon example where you got a product you did not ask for. 

If you get someone of authority at Verizon to respond, I am sure your problem will be fixed. 

I Am happy to hear if anyone has personal experience.