FOR WIRELESS CUSTOMERS, the price of freedom has long come in the form of exorbitant early termination charges. A customer who abandoned a contract before it was set to expire could expect to pay as much as $200. And for a family of four looking to ditch their wireless plan, fees could climb to an astronomical $800.
But now, customers are fighting back — and claiming some sizable wins. Last month, a California court ruled that Sprint's (S) early termination fees were illegal because they were, as the court decision said, "implemented primarily as a means to discourage customers from leaving" their contracts. Sprint was ordered to pay $73 million in damages. And Verizon Wireless (VZ) recently agreed to pay $21 million to settle a lawsuit filed by subscribers in California that alleged its early termination fees were excessive and violated state law.
The activism seems to be working. "I think carriers are finally waking up. They don't want to tick off the customer," says Jeff Kagan, a telecom industry analyst. Now, instead of charging a flat fee no matter what, carriers are prorating penalties, which decrease as customers get further along in their contract. Moving to a prorated fee structure is "something they're all going do," Kagan says, "and I think you'll see them do it fairly quickly."
Wireless Carrier | Previous early termination fee | Current early termination fee | Who's eligible for prorated fees? |
Verizon Wireless | Flat $175 | Starts at $175 at the beginning of the contract. For each month that a customer sticks to their contract, the fee is reduced by $5. In effect since November 2006. | New subscribers and those renewing contracts after November 2006. |
Sprint | N/A | $200 flat fee (The company plans to introduce a prorated structure by end of 2008.) | N/A |
T-Mobile | Flat $200 | $200 with more than 180 days remaining on contract; $100 with 91-180 days left; $50 with 31-91 days remaining; either $50 or the standard monthly charge, whichever is less, for those with fewer than 30 days remaining. In effect since June 2008. | New subscribers and those renewing contracts after June 30, 2008. |
AT&T | Flat $175 | Starts at $175 at the beginning of the contract. For each month that a customer sticks to their contract, the fee is reduced by $5. In effect since May 2008. | New subscribers and those renewing contracts after May 25, 2008. |