what does verizon consider breach of contract on their part?

[livebro]

i have been trying to get their customer service to get the service i signed up for to be reliable but they just give me a load of crap and never return calls when they say they will. to me their lack of responsiveness will lead me to contact my lawyer and make them take their crappy equipment back and void the contract.

[Jiminraleigh]

I will bet ($100 bucks up front) that you cannot do that.

VZN has you in an Iron-clad contract (one-way mostly). There is virtually no way out except to accept ETF or wait it out.

That is the main issue to accepting a contract for phone service.

Based on other issues discussed here, you cannot even pay ahead to get out....you will pay ETF or just stay.

Good luck.

[budone]

And you can not use litigation except through small claims court or arbitration. You agreed to that when you signed up for the new shiny phone you received.

[rcschnoor]

If you are within 14 days of purchasing the service/phone, you can return the phone and cancel the service without penalty. You would be responsible for a $35 restocking fee. Of course, there cannot be any physical damage to the phone.

[livebro]

what if your service is substandard!!!!????

[Tidbits]

You have to prove it. If someone is in your area and they are fine then... It's something on your side. Reception indoors is never promised no matter what carriers.

[Jiminraleigh]

To knowledge there is no possible breach for Verizon . They have several

disclaimers in the contract. You pretty-much take what they can give and

pay your monthly payment. You pay a fee to get in, a fee to get out and a

premium fee to operate on the network. Any questions?

Sent from my Republic Moto G.

[rcschnoor]

livebro wrote:

what if your service is substandard!!!!????

If you are within the 14 day return period return the phone, pay the restocking fee and go with another provider.

If you are outside of the 14 day return period you can pay the ETF and go with another provider. You could then sell your phone on a site such as swappa.com to recoup most, if not all, of your ETF.

[Jiminraleigh]

Just to clarify what I think you said.....

If, within 14 days, you discover that you do not have the promised service....then you return the phone and pay restocking (penalty is your time, travel and restocking fee).

If outside the 14 day window and the promised service is not available to you...then you have no option.

  (penalty is ETF of over $300 dollars, your time, selling the phone at a loss).

However, the issue is clearly that the service that you contracted for was not provided. HOWEVER the fine print in the contract allows for a lower level of service than promised...and significant penalties  if you try to recover from the fine print exclusions.... Is that correct?

[rcschnoor]

Yes, that is correct.

When you purchase a phone and they tell you there is a $35 restocking fee, you have to pay that fee if you choose to return the phone.

When you purchase a phone and they tell you there is an ETF if you don't return the phone within the 14 day return period, you have to pay the ETF if you cancel service before completing your contract.

The issue is cellular service is dependent on radio waves which are not guaranteed in any given area because of a multitude of factors outside of the control of Verizon. Verizon DOES NOT "promise" any specific level of service as you seem to claim. Verizon offers you a "test drive" of their service for 14 days with the only cost being a $35 restocking fee and the voice/data/text usage. If you are unhappy with the service, simply return the phone and pay the $35 restocking fee. If you find the service to your satisfaction, then keep the phone, but then you have chosen to live with the terms of the agreement.

IF you don't like the agreement, don't get the service. It is not that hard to understand. I have passed up many agreements with terms I didn't like. If someone is not able to do the same, place the blame on the person entering into the agreement.