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Cricket Wireless ***CHECK THIS OUT!***I'LL SHOW YOU SOMETHING VERY DISTURBING***I CAN'T BELIEVE THEY CAN GET AWAY WITH THIS*** San Diego, California
Due to unethical practices with other wireless providers, I've learned to read 'Service Agreements' thoroughly. What I find is absolutely shocking! It's even more shocking that this continues and nothing can be done to stop them. The dilema I'm facing is not being able to find a service provider at all that is ethical and no one can answer the questions in the legal service agreements regarding the little hidden fees.
Allow me to point out a few amazing practices and hidden fees. See below. (the ones that I could find). There are statements that say certain fees will be assessed but no one knows what they are and how much they will be, yet the company requires me to agree to their terms of agreement without showing me details. Isn't an agreement when two parties agree on the terms? The consumer needs to clearly see what they're signing in the contract.
*****I noticed other complaints by consumers regarding this particular fee: $15 Activation Fee. The word activation would leave one to assume that once their new service is "activated," they would no longer be assessed this fee. I copied and pasted this from their website...
CRICKET MONTHLY SERVICE
$40 plan
Activation Fee $15.00
Since it was listed under "monthly" service, I contacted their customer service rep through the chat window (and saved the entire conversation). Here's an excerpt from our conversation...I will X out the names for security reasons...
Thank you for choosing Cricket Wireless where unlimited is really unlimited. A representative will be with you shortly.
xxxx: Thank you for chatting with Cricket Wireless. Can I help you place your order today?
xxxx: I have a question....under your monthly fees it says activation $15....is that monthly?
xxxx: k
xxxx: No that is a one time fee
xxxx: Do you have a debit or Credit card that you would be able to use for this purchase today?
xxxx: r u positive? it's listed under monthly fees so its a bit confusing...I do have a card
xxxx: Yes I am positive
However, doing a little further searching on another website that links to mycricket.com, it shows this on the bottom... (I could not find this anywhere mycricket.com official web page.
* Requires new activation & $15 activation fee. Rates exclude taxes & Cricket Fees (including USF charge, regulatory recovery fee of up to $1.40 and surcharge
for state/local fees that vary by market). Cricket Fees are not taxes or government required charges. Available features will vary by phone/network. Unlimited coverage
not available everywhere; coverage maps at mycricket.com. Terms, conditions & other restrictions apply. See store for details. Use of third-party marks
does not constitute endorsement of cricket products. All marks are property of their respective owners. 2010 Cricket Communications, Inc.
Reference: http://www.cricketwebspecials.com/?imm_cid=18-0C&imm_mid=0107&imm_kwd=cricket%20cell%20phone
I asked the rep if she was familiar with the service agreement....Here's her reply.
xxxx: Are you familiar with the service agreement?
xxxx: Service Agrement Meaning what exactly?
xxxx: Cricket's service aggreement or terms of service agreement
xxxx: Yes I am. Do you have a question about Service Agreement?
xxxx: What type of phone and plan package are you looking to purchase today?
I responded that I needed an explanation about this particular paragraph...
xxxx: Here's the part of the agreement that it says that 2. (a) Scope of Service. Cricket reserves the right to manage our wireless systems and the use of our Services. calls placed to services that, in our sole discretion, are designed to facilitate traffic stimulation, including but not limited to chat line facilities, free conference calling services, call center operations and help desk provisioning, are not included in our calling plans. If you would like to place calls to services of this nature, we may offer an add-on calling feature for an additional monthly fee.
I said, "Please clarify this and then explain what the fees would be."
xxxx: It says theres an addition fee for the calling service for call center operations and help desk.. Im guessing that must be other businesses
xxx: Our Customer service and Tech Supprot numbers are toll free numbers. So there is not charge for calling them. In addition you can dial 611 from your phone at any time to get Customer Service. I am not aware of the clause
xxxx: do you know how much the additional fees are and how to pay them previously to getting a surprise bill? sorry so many questions...I just want to understand clearly are and how to pay them previously to getting a surprise bill? sorry so many questions...I just want to understand clearly
xxx: As I stated before both numbers are toll free numbers so there is not additional charge if you are a Cricket Customer.
xxxx: I know its not with cricket so then who is it talking about...would it be if I was calling my electric company or if my computer crashes and I need help desk?
xxxx: It says I would be charge additional...do know what the charge would be and how I could know so I can be aware of my calls?
xxxx: I'll be right with you.
xxxx: ok thank you
xxxx: The calling features we offer for you plan are UNLIMITED features. And the numbers for our service lines are toll free numbers. If you are in a roaming area but you do not have a roaming package you will not be able to use your phone (that way you are not charged anything extra) the same goes for international calling. Other than that I really do not know of another way to reword the same answer to your question.
xxxx: What type of phone and plan package are you looking to purchase today?
xxxx: I don't need it reworded, just answered and if you don't know the answer would be much more truthful than guessing and giving incorrect information. ........ please don't give incorrect information
xxxx: Thank you for waiting. I'll be with you in just a moment.
xxxx: thank you
xxxx: Are you wanting to place an order today?
xxxx: I would like to place an order when I understand what I would be agreeing to in the terms of service. If you dont understand the service agreement, that is understandable but I would like know the answer
xxxx: if there is someone else who can answer would be lovely
xxxx: No problem. For assistance from Technical Support please call (866)900-2758 between 7am and 11:30pm CST.For answers to your questions you can call Customer Service at (866)384-4425 between 7am and 11pm CST. Please feel free to call the numbers listed above for more specific or correct answers to your question since I dont seem i am not offering assistance to your approval.
So basically, they passed the buck.
***They have these little clauses in their agreement so they can get away with giving incorrect information as you can see below:
d) YOU AGREE TO HOLD CRICKET, ITS EMPLOYEES AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS (INCLUDING ACTIONS BY THIRD PARTIES OR THOSE WHO USE YOUR PHONE) ARISING OUT OF YOUR OR ANOTHER PERSON'S USE OR ATTEMPTED USE OF THE SERVICE.
***Is it unreasonable to know what you are going to be charged? Yet, they even say in the agreement that they have the right to change it at any time they want and charge you the moment its posted on the agreement. How often do you check the service agreement? ..... That's what I thought and exactly what they are hoping....no one will notice.
When I ask them what the charges are or where I can find them, no one knows. That's always helpful.
9.charges
(a) You are responsible for paying all charges for Service,(c) In addition to other charges, you may also be assessed a "Regulatory Recovery Fee", which is a charge created, assessed and collected by Cricket .This fee is not a tax or a government-required charge. In our discretion, we may change the amount of the Regulatory Recovery Fee.
***Another contradiction that I will paste below:
$100.00
Subtotal
$94.99
Shipping (Standard Shipping)
FREE
First Month
FREE
Tax
$7.28
Total Due Today $102.27
Totals exclude taxes and fees
***It states that the total excludes taxes and fees and above it charges me tax. This allows them to tax me again on a following page***
***Here are a few more clauses that no one can answer...
4. Rate Plan. (a) ).ALTHOUGH YOUR RATE PLAN, FEATURE AND PROMOTION DESCRIPTIONS ARE IN SEPARATE DOCUMENTS, THEY ARE PART OF THIS AGREEMENT. My Question: WHERE CAN I FIND THE DOCUMENTS THAT DETAIL THESE DESCRIPTIONS THAT WOULD BIND ME TO YOUR AGREEMENT? (b)5. Changes to Agreement or Rate Plan. We may change this Agreement, your Rate Plan, any fee for prepaid service, upgrade, enhancement, Regulatory Recovery Fee (see 9(c) below) and any applicable surcharge, tariff and tax at any time. Any changes to this Agreement are effective when we publish the revised terms and conditions or otherwise give you notice of such changes. ***This doesn't say, "Effective when we publish the revised......AND give you notice..." It say either/or. ***How about this one below? This would be handy to know. 8. Wireless Devices, Numbers & E-mail Addresses. . Your device may not accept services from other carriers WHERE CAN I FIND THE SERVICE CARRIERS THAT MAY NOT BE COMPATIBLE WITH CRICKET? Reference: http://www.mycricket.com/support/terms-and-conditions
I have more info the rep gave me that was incorrect regarding the "free" month of service. They charge you immediately and then say you are actually paying for the next month but just in advance. Of course the rep said you don't get billed for 30 days which is absolutely not the truth. I saved conversations but thats what many of the complaints are.
When companies get thousands of complaints, doesn't that mean anything anymore? Isn't that a red flag that something is wrong?
If a small business were pulling stunts like this, they would be prosecuted and closed down but these large companies with investors, are banking on their stock increases.
It's so disgusting.
If I were sitting with an attorney, inquiring about purchasing something where I sign a contract or agreement but I hadn't seen the details yet, they would laugh me in the face. They would strongly advise against such a practice. The wireless companies are allowed to do this on a regular basis. They know the consumer lives in the technological world and can't do business without a cell device so they take advantage of that. They know consumers have no choice. What a great place for investors buying stock...investing in companies that have monopolized the people...the ones who are backed in a corner with no choices.
2 Updates & Rebuttals
Sales Agent
United States of AmericaLegal disclaimers are never easy to read, but that's nothing new
#3UPDATE EX-employee responds
Thu, May 26, 2011
In full disclosure, I am not representing Cricket officially - I am an ex-employee trying to help.
I don't like having to decipher "legalese" anymore than the next person - but the need for extreme precision in these terms of service essentially makes this a necessity for all businesses. And while it would be nice if every employee was fluent in their company's legal terms of service - this is clearly not common, and frankly I don't believe it's very reasonable. The legal training and expertise required to do this would virtually make hiring salespeople impossible. I have a bit of legal training and am an ex-employee, and hope to offer you the answers you were seeking. For this and other reasons detailed below, I believe you have a formed an unjustifiably negative opinion of Cricket - and hope you reconsider.
Activation fee
As the agent assured you, the activation fee was a one time fee of $15 (Cricket now offers free activation). Although this may have been unclear due to it being listed under the 'monthly plans' page - this is the proper (and required) place to list the fee. It's also worth noting that the one-time nature of activation fees is almost universal.
Terms of Service
The allegation that the terms of service is trying to let sales agents give you 'incorrect information' is a misunderstanding -and I hope that this mistake illustrates the difficult nature of interpreting the document, even for a sales agent. The clause in question:
"YOU AGREE TO HOLD CRICKET, ITS EMPLOYEES AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS (INCLUDING ACTIONS BY THIRD PARTIES OR THOSE WHO USE
YOUR PHONE) ARISING OUT OF YOUR OR ANOTHER PERSON'S USE OR ATTEMPTED
USE OF THE SERVICE.
This clause is actually stating something very reasonable - that if you or others use your phones in criminal or legally liable ways (you get sued, or hurt yourself) - Cricket, and it's employees, are not responsible for your actions.
The Federal Regulatory Recovery Fee "is applied to your account to recover the costs of certain government mandates and programs. The Regulatory Recovery and Administrative Fee
amount may change from time-to-time as costs to comply with such state
and federal programs change" (Cricket website). So this is not an arbitrary or unjustified fee.
The terms of any legal document may change, there's nothing wrong or unique about that fact (this is not a contract, it's Cricket's terms for you to use the service) - this is absolutely necessary due to the rapidly changing and advancing nature of wireless business, eventual changes cannot be avoided.
Regarding the clause: "ALTHOUGH YOUR RATE PLAN, FEATURE AND PROMOTION DESCRIPTIONS ARE IN SEPARATE DOCUMENTS, THEY ARE PART OF THIS AGREEMENT." - this refers to the descriptions of the plans (or specific specials offered) - those other documents are also found on the website, under the plan's description page, available by simply clicking the plan on the main page listing all plans.
Taxes
I found your complain on this issue to be especially strange. The quote you posted was from the 'cart' page - which initially lists your order before you enter your personal information. Tax can only be calculated after you enter your shipping info - which is why that subtotal on the cart page *initially* excludes taxes, as stated there. However, if you proceed through checkout - and then return to the cart page - the (now known) tax amount is listed, even with the disclaimer still below. That disclaimer is generally accurate, and it would be obvious to any customer going back through the checkout- that the tax would NOT have been changed or double charged - which makes me wonder how you could sincerely believe this. Perhaps you didn't go back to double check the final result. In any case, I hope it is clear now, and I would hope you will give Cricket another try.
none of your
Missouri,United States of America
taxes twice--come on better than that
#3Consumer Comment
Sat, November 27, 2010
Cute, how you go to the taxes page and then come back which already shows the taxes based on your area, If you as smart as you think you are you would of known that. It isn't LEGAL to charge taxes twice!!