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My Letter to Clearwire – User Submission by Carl B.

May 28th, 2008 | by admin |

Hello, I thought you might like to see the letter I just mailed to Clearwire today:

—————————————————–
05/28/08
Subject: TOS Changes
Dear Sir or Madam
This is to inform you that I cannot accept your recent Service Terms changes. Your terms state,
Clearwire may change this Agreement or the Service from time to time by posting a revised version of this Agreement or announcing Service changes to the “Service Announcements” section of Clearwires website: www.clearwire.com/company/legal/announcements.htm. 

That is the page I routinely check for changes to our agreement, and that page currently states that the most recent change was September 1, 2007. I have not received any other notice of TOS changes, so when I came across this page: http://www.clearwire.com/company/legal/terms.php
it was my first notification of changes in our agreement.

I find the agreement to be materially disadvantageous to myself, and I am terminating my account. I am disconnecting the device from my computer as soon as I get home tonight and I will return it to you as soon as I am provided a mailing label and instructions on how to do so.

I do not authorize any additional charges to any accounts you have on file with me, and those accounts are no longer active. Any additional contact regarding this matter may be emailed to @.com. I will make sure that clearwire.com emails will be able to pass my spam blocker.

Sincerely,

Carl B.
—————————————————
According to the contract, any changes to the agreement that are materially disadvantageous will allow you to terminate your account without an early termination fee. Since the changes appear to disallow participation in any class action suit this could potentially be materially disadvantageous to anyone who might be part of one in the future. Scary stuff to slip into an agreement without telling anyone!

I hope this helps to notify anyone who, li

  1. 13 Responses to “My Letter to Clearwire – User Submission by Carl B.”

  2. By Will on Jun 3, 2008 | Reply

    So, did they let you terminate the contract without a fee?

  3. By Carl on Jun 11, 2008 | Reply

    They sent me a letter telling me why they’re not going to, but they skirted around why I’m entitled to cancel. I’m going to stick to my guns.

    I canceled the credit card that they are billed to before I sent the letter so they don’t have many options to take the money from me.

    They’ve tried to call me a couple of times but I’m insisting they only communicate with me in writing, I won’t talk to them.

    As far as I’m concerned the matter is closed. If they make things difficult I’ll defend myself, but I’m not afraid of them.

  4. By Carl on Jun 11, 2008 | Reply

    BTW, have dated screenshots of Clearwire’s announcements page as well as the TOS page with the date clearly shown, if anyone needs a copy.

  5. By Mike on Jun 13, 2008 | Reply

    Carl can you post those dates, here is where I am at today.
    Location Involved: (Same as above)

    Consumer’s Original Complaint :

    July 14th 2006 initial sign up date for one year contract to July 14th 2007. I do not contest this time frame of service.

    I have issue with the time frame after my initial one year contract between August of 2007 to June 2008 as explained below.

    I called to cancel my contract with clear wire after July of 2007. When I called customer service to cancel. I was told that Clear wire had a 30 day cancellation policy after your contract expired. Although I had met my initial one year contract obligation I had not cancelled within the 30 day window following my contract. I was therefore locked into another year contract and if I so chose to cancel my contract I would suffer there roughly 180 dollar cancellation fee. Within the following months I made many complaints through customer service stating I was unaware of such a policy, I was never told of such a policy and that the only thing I was told was aware of was that I had been given the option of a one or two year contract and that I had signed up for the one year policy. I made many complaints over the next 11 months without result.

    On June 2nd 2008 I called customer service again to request my cancellation. This time on the grounds that there 30 day cancellation window policy was no longer applicable as clear wire had revoked this policy. I stated that due to this policy no longer being valid I should be able to cancel my policy now without penalty. The customer service rep stated that she was sorry there was nothing she could do as I was locked into my contract until July 14th 2008. I could however cancel and pay the roughly 180 dollar early termination fee. I asked to speak to a supervisor and at that time I was transferred to Michelle. I explained to Michelle that I had signed up for the one year contract and had met that contract in full. I then explained when I tried to cancel I was told that my 30 day window had expired and that I was therefore locked into an additional year. Furthermore I stated that there 256k uplink speed was so slow I could not do online gaming without a slow choppy play and that there service did not meet my needs as a customer. At that time Michelle interjected and relayed to me that Clear wire no longer had the 30 day window cancellation policy and that when your contract was full filled it then went on to a monthly basis billing. I replied if that was the case why then have I been punished for 11 months for a policy that was changed by clear wire and is no longer valid. I told Michelle that the 30 day window policy of cancellation in my mind was misleading, dishonest and fraudulent to the consumer. I told her that I have never heard of an internet provider, cell phone provider or any other service provider for that matter who had in place such a policy whereby you as a customer have full filled your contract and then been relocked into an additional year of payments simply because you did not cancel within 30 days time. Michelle then put me on hold and when she came back stated that she would cancel my account because I was only one month away from the end of the second full year. I told Michelle that I appreciated her time and conveyed to her I had not even used clear wire in the past 3 months as I had signed up with a Qwest internet and had been making payments to both companies. I let it also be known that a consumer website of http://www.clearwiresucks.com had been established and was full of consumer complaints in regards to there services and what many feel to be illegal misrepresentation and fraudulent contractual practices. Michelle concluded the conversation by telling me that I would receive an email with a shipping label and tracking number and that I needed to mail off my clear wire equipment and once received my account would be closed. She told me I had until June 19th for them to receive the merchandise or I would be charged for another month of service.

    Consumer’s Desired Resolution:

    I feel I am entitled to the 11 months of additional service I was forced to pay for after I met my initial year contract, I also feel that the 30 day cancellation policy was illegal, not advertised by the local vendor, installer, or found on there website at that time. I would like to close by saying that all of my calls were logged into there clear wire customer service account data base to include the service reps I spoke with and the notes they entered on my behalf. Thanks for your time.Sincerely, Michael

    BBB Processing

    06/03/2008 web BBB Complaint Received by BBB

    06/03/2008 scf BBB Case Reviewed by BBB -

    06/03/2008 EMAIL Send Acknowledgement to Consumer

    06/03/2008 EMAIL Inform Business of Case

    06/06/2008 WEB BBB RECEIVE BUSINESS RESPONSE : June 6, 2008

    Re: Michael

    Clearwire account #I removed

    BBB file number: I removed

    To Whom It May Concern:

    This is in response to your letter received by our organization on June 3, 2008, regarding Mr. Michael . We would like to thank you for the opportunity to respond to Mr. concerns. We at Clearwire do see customer satisfaction as our priority and therefore regard every issue as critical and deserving of our immediate attention.

    According to his June 2008 filing, Mr. expresses his dissatisfaction regarding Clearwire’s cancellation policy and associated fees. Additionally, Mr. states he was incorrectly informed regarding his agreement satisfaction date and is requesting that the past 11 months of service charges be refunded to him.

    Clearwire has reviewed Mr. account and notes he activated his service on May 19, 2006 accepting the promotions and discounts associated with a 1 year agreement. At the time that Mr. established his account, the Terms and Conditions of service stated in part:

    At the end of an Initial Term or any Renewal Term, Clearwire, at its option, may offer to you in writing an extension of the Service for an additional period of the same duration as the Initial Term or such other periods as set forth on the Order Form (each a “Renewal Term” if such renewal period is accepted by you as provided below). You will be deemed to have accepted the Renewal Term offer and agreed to maintain your Service for the duration of the Renewal Term unless you terminate the Service as provided in these Terms by contacting Clearwire’s Customer Care Department as set forth at http://www.clearwire.com and giving notice of termination within that thirty (30) day period. In addition, in order for your notice of termination to be effective, you must provide notice in writing to Clearwire at Clearwire US LLC, Attention: Customer Care Department, 4400 Carillon Point, Kirkland, WA 98033, or such other addresses that Clearwire may specify.

    Clearwire notes that this policy was revised and accounts which have fulfilled their original agreement revert to a month to month status cancellable at any time without penalty.

    Our records indicate that Mr. spoke with our Account Services department on February 6, 2008 and upgraded his service plan to the ClearPremium plan. Although service plan changes are subject to service term extensions, Mr. term was not extended. On March 3, 2008, Mr. spoke with Clearwire regarding his term expiration and was erroneously informed that his term had renewed.

    In an effort to resolve this matter, Clearwire has issued a refund of the charges assessed for the months of March-May 2008.

    Clearwire offers no credits or adjustments in this matter.

    Clearwire regrets any inconvenience this matter may have caused Mr. If we may be of further assistance, you may reach us at 1-888-Clearwire. We are available Mon-Fri 8am-4pm Pacific Standard Time.

    Sincerely,

    Diana Babin Corporate Escalations Specialist Clearwire, LLC.

    06/06/2008 scf EMAIL Forward Business response to Consumer

    06/11/2008 WEB BBB RECEIVED CONSUMER RESPONSE : (The consumer indicated he/she DID NOT accept the response from the business.)

    I dispute the response to my initial complaint made by Clearwire Escalations specialist Diana Babin.

    First,Diana Babin states that ” Mr. activated his service on May 19th 2006 associated with a 1 year agreement.” To me this clearly shows that my contract was for a period of one year, and that this was a mutual agreed understanding by both clearwire and myself as the customer. Never was I informed by the clearwire outlet in Kennewick, that at the end of my one year contract it would automatically renew if I did not write to Clearwire at US LLC, Attention: Customer Care Department, 4400 Carillon Point, Kirkland WA 98033 within 30 days after my contract was fulfilled. Never was I informed by Clearwire in writing, or by phone that such a policy existed. I also never saw this advertised on their website in May of 2006, where in my opinion a reasonable person could easily see this policy on there website. The policy options I was given by Clearwire clearly indicated our agreement. That policy was the option of a one year term. The term one year clearly defines what the contractual term was. I feel a reasonable person could reasonably conclude that there contract would therefore of been met at the end of there contractual 1 year term.

    Secondly, Diane Babin Corporate Escalations Specialist Clearwire, LLC, states that ” Mr.spoke with our Account Services Department on February 6, 2008 and upgraded his service plan to the ClearwirePremium plan. Although service plan changes are subject to service term extensions, Mr.. term was not extended.” I dispute this as it is false and incorrect according to Clearwires policy at the time of my initial sign up as well as reflecting there current policy on this subject. Clearwire accounts are not subject to term extensions for upgrading your account. Clearwire accounts are only subject to service term extensions when the clearwire customer downgrades there policy. Therefore my account was not subject to service term extensions for upgrading to a premium service. My account was upgraded in attempts to fix my choppy online game playing on the play station 3 network. However this was unsuccessful as Clearwires uplink speed still remained at 256k. I only upgraded because I was locked into Clearwires policy and at the recommendation of a Clearwire customer service representative I was told a faster download speed may fix my online gaming issues. It did not infact fix my online gaming issues however I did not want to down grade my Clearwire service plan as I was aware that downgrading the plan would lock me into another year contract.

    Thirdly, Diana Babin states “In an effort to resolve this matter, Clearwire has issued a refund of the charges assessed for the months of March-May 2008.” I dispute this as I was never issued a refund. When I called customer service on June 2nd 2008 I spoke with a supervisor named Michelle. After listening to my complaint Michelle placed me on hold then came back and stated “I will cancel your account because your only one month away from the end of your contract.” To me this is not a refund that includes “the months of March-May” as so stated by Diana Babin. This is simply canceling my forced 2nd year account one month early. The account was not cancelled in an effort to resolve this matter in my opinion, and I still feel I am entitled to 11 months of reimbursement for the additional months I was forced to pay for after meeting my contractual 1 year obligation. I feel that clearwires cancellation policy was hidden so that a reasonable person could not easily find this policy on there website back in May of 2006. In addition clearwire failed to mention there cancellation 30 day window policy at the clearwire outlet in Kennewick Wa upon my initial sign up. The clearwire store in Kennewick Wa did take the time to ask me if I wanted a one or two year contract and at that time I accepted the one year policy. In closing I would like to reiterate that at not time was I ever told to review there website to find the terms regarding there 30 day cancellation policy, nor did I see this advertised where it could be easily found on their website at that time, nor did clearwire state this to me by writing, mail, phone, or any other means. I therefore feel I am entitled to 11 months of payments made under what I feel to be a fraudulent, misleading, and unethical cancellation policy that clearwire has now removed from its own policy.

    Sincerely

    Michael

    06/12/2008 scf BBB Forward Consumer Response to Business

    06/13/2008 BBB MORE INFORMATION RECEIVED FROM CONSUMER : Another note to mention. During one of my complaints and inquiry as to canceling my account due to clearwire canceling there 30 day cancellation policy. I was told that even though clearwire now billed on a monthly basis starting at the end of your contract that this new policy did not apply to me as I was locked into an additional year for not cancelling within 30 days after my contract was fulfilled under there old policy.

    My question is what month did clearwire change there policy and omit the 30 day cancellation policy or the customer faced an automatic locked in additional year service? Why was I forced to pay for a continuing contract under a policy that clear wire itself no longer considered valid? Why was I not privileged to that policy change and allowed to cancel my account on a monthly basis? Why was I forced to continue paying locked into my additional year when that policy was no longer valid or in effect and was granted to other customers of clearwire? I think it would be fair for clearwire to release the date that the old 30 day cancellation policy was omitted from there contract. I also feel it would be fair for clearwire to then reimburse me for the months I was billed after they changed there policy as they did not extend the new policy to me as a customer even when I requested this with customer service. Furthermore I was forced to continue to pay under a non valid policy to avoid early termination fees close to the sum of $180,00 dollars.

    06/13/2008 BBB MORE INFORMATION RECEIVED FROM CONSUMER : Last additional note. Although I feel I am entitled to 11 months of reimbursement. I as the customer would be willing in good faith to compromise for reimbursement to include only those months whereby I was locked into my contract after clearwire had cancelled there 30 day policy. The date that clerwire cancelled this 30 day policy would then therefore determine the months of reimbursement I shall receive. If that date was mid month then I shall receive a partial reimbursement for that month and a full monthly reimbursement for the months there after. I think this is more than fair on my part and a very reasonable offer to resolving my complaint as a customer.

    Sincerely

    Contact your Better Business Bureau that’s what I did.

  6. By Carl on Jul 9, 2008 | Reply

    @Mike – According to Clearwire’s wikipedia page that policy changed November of 2007.

    For anyone else interested in an update of my situation, here’s where I am now.

    Clearwire has no way of collecting from me. After weeks of me ignoring their calls (since I instructed them to email all correspondence) I received a notice that my account has been suspended, which is a moot point since I had already canceled in writing.

    I am still receiving automated calls from them 2 or 3 times a day. I believe I can stop this by simply writing a letter telling them to stop calling me, but I haven’t bothered yet. I have them in my phone as “Clearwire Don’t Answer” so it’s easy enough to ignore.

    They have not sent me a label for their equipment as I have asked, and I am not putting any effort into worrying about that at this time.

  7. By Carl on Jul 15, 2008 | Reply

    UPDATE: I sent them an email today. Here’s what it said….

    Customer Number: XXXXXX
    Service Name: XXXXXXXXXXXX

    I already canceled my account in writing. Clearwire is at fault for ignoring that letter and you are now harassing me with daily phone calls. I do not owe any charges and I have been advised you have no legal ground to collect anything from me. You have also ignored my repeated requests for a mailing label to return your equipment.

    I demand you stop calling my phone. Since you are threatening to collect charges I do not owe I will only communicate with you in writing at this email address. The mailing address you have for me is no longer valid so this is your only way to reach me from this point forward.

    I demand you email me a mailing label so I can return your equipment. If you do not do so, then this constitutes an agreement between us that you do not want the equipment back and that you will not charge me for disposing of it for you. You may alternately specify a clearwire distributor within the city limits of Richmond, VA or near West Broad Street and I will drop it off.

    Sincerely,

    Carl B.
    ———————–

    I’m still not worried about this at all, because I know there is little to no chance they can do anything. And I feel good knowing that I stopped them from breaching their contract in word, and in spirit on a bunch of other issues. I hope everyone else can take this as an example that you have to man up and be smart, but you can prevent unethical companies from bullying you.

  8. By Carl on Aug 13, 2008 | Reply

    Another update:
    After the last email I posted and one other one I finally received a mailing label and sent back the equipment.

    I was still getting calls though, so I sent them a snail mail letter using this template:
    http://tinyurl.com/yvtqs3

    It seems to have worked. I haven’t heard anything back from them in a while.

  9. By Sanford Lung on Oct 5, 2008 | Reply

    Being another dissatisfied CW customer, I recommend that you conduct all your communication with them in writing. This company is apparently owned and operated by con-artists who are engaged in ‘unfair and deceptive trade practices’ – magic words that your state attorney general or consumer protector should take notice. If there are enough people who would join a class action suit against CW, maybe a private attorney or law firm will take them on as some state laws allow punitive damages and attorney fees for ‘unfair and deceptive trade practices’.
    My contract ends on October 30, 2008 although I have not had any service from them since May 2008. Despite their tech support acknowledging that was getting no signal, they continued to bill me. I considered suing them just for the hell of it. After all they would have to pay an attorney $200/hr or more to chase me for $200.00, could they be stupid as well as arrogantly greedy?
    Perhaps someone with more time remaining on their contract and bad or no service could use this plan of action.
    ClearWire SUCKS!
    – Sanford – Hawaii

  10. By joey! on Oct 24, 2008 | Reply

    yea dude i hate clearwire when i signed up for the service i signed up for a totally different package than the one i found out i was paying for when i recently visited their local office in person and they acted like i was lying

  11. By Kerri on Jun 8, 2009 | Reply

    I’m also sending a letter today as terms were changed on May 20th, 2009. I’m sending letters to all three departments via USPS Priority Mail with Delivery Confirmation. They will be unable to deny that they received my communication.

  12. By Carl on Nov 19, 2010 | Reply

    I happened to find my bookmark for this page so I thought I would mention that it’s been over 2 years and there have been no negative consequences from my cancellation. From reading some news articles it seems like Clearwire (now also operating as Clear) is running out of money and at risk of insolvency if Sprint doesn’t save them with more money.

    I take a certain amount of satisfaction seeing that their deplorable business ethics are catching up with them.

  13. By Jeff on Oct 30, 2011 | Reply

    Hopefully everyone here has filed complaints with the Better Business Bureau and the FCC. If there is another place I should file let me know.

    Complaints can be filed easily on line.

  14. By sad Nita on Aug 23, 2012 | Reply

    I contacted Clearwire which whom I had know knowledge of but once I contacted Dish Network my cable provider regarding Internet services this is who they referred me to…long story short ..as well as my son in face face everyday hunting me as to why am I paying for this poor slow service …so I finally call customer care…the representative asked for my zip code which was given..she then replied that alot of ppl in my area are on the internet at the same time and what I should do is try logging on in about 2-3 hours….I laughed in her face..I same woman ..I have work to do right now…I don’t have 2-3 of time wasted to do work…she kept apologizing…I asked for a supervisor she put me on a bull-shit hold and came back stating they were busy and whould call me back…I have not heard from them…even with no message that I daily listen to….why can’t our policy be voided when a corporation is taking monthly payments from us and not providing quality service…this is WRONG!!!

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