Unanswered Customer Service Complaint – User Submission by Craig H.

The following is a complaint I made to customer service. I emailed it, faxed it, and mailed to their Florida address and have received absolutely no response. Basically when I signed up there was no disclosure that I was signing a contract, or that there would be an early termination fee, and they could provide me with zero evidence that such a disclosure was made. They kept pointing to terms of service that clearly went into effect 5 months after I signed up. They absolutely refused to waived the termination fee. As far as I’m concerned, they are complete frauds.

To: Clear Customer Service
Date: March 8, 2010
Fax: 866-561-8404
Customer #: 97XXXX

Re: Early Termination Fee

To whom it may concern:

I signed up for Clear wireless internet on July 27, 2009. A copy of my order confirmation can be provided. Although the service was acceptable at my old house in the 89128 zip code, it is much slower than I need at my new house in the 89129 zip code. Regardless, I have obtained a new internet service provider, and need to cancel my Clear service. This morning (March 8, 2010) when I attempted to do that, I was told that I would have to pay an early termination fee of $92 in order to cancel because when I signed up, I signed up for a two year contract. When I explained that it was never disclosed to me that there would be an early termination fee, the amount of that fee, or how it would be calculated, I was simply referred to the Terms of Service on the Clear.com website. The terms of service on the Clear.com website clearly stated at the top that they were effective as of December 19, 2009 – approximately five months after I signed up. Moreover, although the terms of service did indicate that there could be an early termination fee, it did not explain what the amount of the fee is, or how it is calculated upon early termination; it simply stated that “The Early Termination Fee or Restocking Fee, if any, applicable to your account will be described in your Order Confirmation.” As my order confirmation email clearly indicates, the amount of the early termination fee, or the fact that I am even subject to one, is not described anywhere in that email, or in any other email I received from Clear at, or before, the time I signed up with clear. Neither did the Clear salesperson who cam to my house to sign me up ever disclose that I could face an early termination fee.

I spent nearly an hour on the phone this morning explaining this to Clear customers service representatives who could only run around in circles, point the Terms of Service, and try to explain how the Clear early termination fee was reasonable. They also explained that if I would allow a Clear service technician to come to my house to diagnose the speed issue then maybe the fee “could be worked out,” or words along those line. However, they were unable to point me anywhere on the Clear.com website, or provide with me any other evidence showing where I had agreed to an early termination fee, the amount of that fee, or how it was calculated at termination.

The purpose of this letter is to demand that my Clear services be terminated immediately and that I not be charged an early termination fee – something that I never agreed to and the terms of which were never disclosed to me. Unless evidence can be shown that I agreed to an early termination fee, the amount of that fee, and the manner in which it would be calculated at the time I signed up for Clear service, I expect my account to be terminated without any early termination fees. Please contact me immediately to let me know that the cancellation under these terms has taken place.

Thank you,