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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117458
Experience:  Attorney experienced in commercial litigation.
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Verizon. Been a customer for ever. Upgraded from Samsung Fascinate

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Verizon. Been a customer for ever. Upgraded from Samsung Fascinate Smartphone, with $30.00 unlimited data plan.They said that they are doing away with the unlimited plan, I was told my plan would not change in any way. Upgraded to
Samsung Galaxy S4. Signed 2 yr. contract. Took new phone, looked down on my receipt when I got home and my new monthly charge has increased by $40.00 a month. I am on a very tight budget and probably will not be able to pay this increase. Could I be under a grandfather clause. Even when I checked this online, before in store purchase, they said my plan would stay the same.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

When a customer upgrades a phone, it is up to the service provider as to whether or not their new phone would continue to be grandfathered under the old plan, because you are signing a new two year contract to get the phone at the discounted price. If you had to sign the new 2 year agreement to get the new phone, they do not have to grandfather you on the old plan because getting the new phone constitutes a new agreement. However, you at the very least have a right to call them and negotiate with them regarding this matter and you by law have 30 days to return the phone and go back to your old phone and old plan and you can do that as well if they refuse to negotiate a different price with you. However, legally you do not have a right to insist on being grandfathered on the old plan because of the new phone.

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