Sprint changed their terms of service effective 7/1/2013. I declined to accept these changes within 30 days and according to their own existing terms if a material change to the agreement is made and a subscriber chooses not to accept within 30 days the service will be canceled without early termination fees charged. I requested Sprint cancel my service and they refused to waive the early termination fees stating the following in response to a complaint I made through the BBB.
Effective July 1, 2013 (“July 1” changes) Sprint clarified provisions in its Service Agreement, as it does from time to time pursuant to the provision reserving the right to make changes. The July 1 changes removed provisions unique to our iDEN network and services, which shutdown on June 30, 2013. The July 1 changes also added additional language to further clarify several of its current practices including, but not limited to, its billing, collections, and network management practices. The changes also included modifications to the arbitration provision.
Sprint would not waive the ETF in his Service Agreement because there was no “material adverse” change to the terms of service. As stated in the Ts&Cs, Sprint must waive the ETF if Sprint changes the Service Agreement in a manner that is material and adverse to the customer.
I believe that by law any change to the language in a contract is "material" as that is a legal term and Sprint does not get to define it. Additionally, whether such a change is deemed adverse or not seems irrelevant in that I believe one party cannot change language in an agreement and bind the other party to it because that party one-sidedly deems the change to be "non-adverse".
Am I correct in thinking that legally Sprint cannot change the terms of our agreement, bind me to those changes, and then charge me early termination fees because I choose not to accept the new terms? It would appear that Sprint could deem anything as being non-adverse and then bind customers to all sorts of potentially abusive conditions if I am wrong about this. And, if I am correct, what type of attorney would I need to seek out in order to file a case?