Legal Question in Consumer Law in Utah

I purchased 2 cell phones through Sprint on 12/4/2009. On 12/31/2009, I moved to a new city in Utah, but the coverage here is terrible and I'm constantly dropping calls or my phones indicate they are "searching for signal". The coverage map on Sprint's website shows that we live in the "best" coverage area (the highest coverage area shown).

I called and spoke to 4 technical representatives at Sprint on 12/31/2009. I was eventually told by two of the reps that I would receive a call back regarding my issue. As of 1/12/2010, I had not received any communication from Sprint. I called and spoke to another series of technical representatives who attempted to troubleshoot my devices and confirmed that the coverage in my area is not very good (one technician indicated that there were no cell sites near enough).

I was told that I could speak to a representative in the Account Services group to possibly obtain a device called an Airave that will boost my signal in my home using my internet connection, but no solution was given for the poor service in the surrounding neighborhood. Working my way through an "Account Services" rep, and then to an individual that advised me she was an "Account Manager", she stated that I would be unable to get an Airave for no cost, that I would need to pay $99 for the unit, plus an undisclosed additional monthly amount to use the service. I refused and indicated that I was already paying for the service that should be provided, and should not be required to pay an additional amount to obtain service.

I asked for a manager, and was eventually transferred to an individual identifying himself as a "Supervisor". He told me that the previous representative was not an account manager or supervisor. I presented my situation, and he proceeded to place me on hold to "look into it". Several minutes later, he informed me that because of the lack of hard wired high-speed internet in the area, an Airave could not be used. He advised me that he did not have any other solutions for the issues dropping calls or searching for service. I advised him that I wished to cancel my account, and that I refused to pay early termination fees on the grounds that Sprint was unable to provide service to me. (Per the Sprint customer agreement, under the section "General Terms and Conditions of Service - 2009, The Subscriber Agreement", the terms of service indicate that the subscriber agreement is a contract in which Sprint agrees to provide service, and I [the customer] agree to accept the service.)

I was subsequently told that they would be unable (they did not use the term "unwilling") to waive or credit my early termination fees if I were to cancel because: (a) I was now 8 days beyond the original 30 day return period, and (b) the coverage map on Sprint's website indicated that I currently live in a "best" coverage area (despite previous documentation from technicians confirming that there is, in fact, little to no service in the area I live in). I am expecting a callback from a manager at Sprint on 1/14/2010 to attempt to resolve the issue, but it appears they've drawn a hard line on the issue. Any assistance you can provide would be appreciated.


Asked on 1/12/10, 10:06 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Sue them in small claims court.

Read more
Answered on 1/18/10, 6:58 am


Related Questions & Answers

More Consumer Law questions and answers in Utah