Soldiers starting basic training or preparing to deploy overseas have a lot on their minds.  Worrying about their AT&T cell phone service isn’t supposed to be one of them.

Stop the Cap! has been hearing from soldiers in several states who are sharing similar stories about AT&T insisting on hefty early termination fees when calling to suspend or cancel service because of military training or deployment abroad.  Cell phones are prohibited during basic training, which lasts 10 weeks.  So why pay for a service you cannot use for two and a half months?

The Chicago Tribune shared the story of Nathaniel Jungheim, of Chicago, who faced an intransigent AT&T when he called to put his account on hold during basic training.

“They informed me that they have recently changed how they handle military accounts and said I would have to pay $10 a month plus taxes to keep my account in suspension,” he said.

Jungheim said he complained and was told he would either have to pay the monthly fee or $275 to terminate his contract.

“I asked to speak to a supervisor but was told they would say the same thing,” Jungheim said.

Those “changes” are likely illegal under the Service Member Civil Relief Act, a federal law which protects America’s soldiers from predatory practices from bankers, property management companies, insurance companies, and yes, cell phone companies.

Text of S. 3023 [110th]: Veterans’ Benefits Improvement Act of 2008
Oct 10, 2008: Became Public Law No: 110-389

SEC. 805. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE FOR CERTAIN SERVICEMEMBERS.

(a) In General- Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 305 the following new section:

SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE.

(a) In General- A servicemember who receives orders to deploy outside of the continental United States for not less than 90 days or for a permanent change of duty station within the United States may request the termination or suspension of any contract for cellular telephone service entered into by the servicemember before the date of the commencement of such deployment or permanent change if the servicemember’s ability to satisfy the contract or to utilize the service will be materially affected by such deployment or permanent change. The request shall include a copy of the servicemember’s military orders.

(b) Relief- Upon receiving the request of a servicemember under subsection (a), the cellular telephone service contractor concerned shall–
(1) grant the requested relief without imposition of an early termination fee for termination of the contract or a reactivation fee for suspension of the contract; or
(2) in the case that such servicemember is deployed outside the continental United States as described in subsection (a), permit the servicemember to suspend the contract at no charge until the end of the deployment without requiring, whether as a condition of suspension or otherwise, that the contract be extended.

AT&T doesn’t feel the law applies to them, however, judging from complaints we’ve been receiving from readers.

Stop the Cap! came up on a private military forum open to service members, and ever since, we’ve heard some stunning complaints about AT&T and suspicions the phone company is hoping to rely on soldiers not fully understanding their rights.  Remarkably, all of the complaints have been about AT&T.  Verizon and Sprint reportedly treat the troops with considerably more respect.

“I was ordered to Europe last November and wanted to call and cancel my AT&T service and ran straight into a brick wall with those people,” shares Elizabeth.  “They told me they don’t suspend accounts for anyone, only cancel them, and demanded $200 in early cancel fees to be paid immediately on my credit card or they would ruin my credit.”

Nathan, who is now serving in rural Alaska, shared a similar story.  On his third call to AT&T, the representative offered him just one choice — a $10 a month suspended plan, if he agreed to extend his service contract when he got back.

“I was reading off of AT&T’s own website stating the company would cancel my service with no penalty, but the operator could have cared less,” Nathan writes.  “If I didn’t like it, he would charge me $300 to immediately cancel my contract and that was that.”

Nathan got the distinct impression the representative was accusing him of ripping off AT&T for a new phone he wanted to “walk away” with free and clear.

JJ managed to get a supervisor to “do him a favor” and cancel his contract with no penalty, but only if he faxed over his military ID, birth certificate, driver’s license, orders of deployment, and a copy of a major credit card for “verification purposes.”

“I told them to forget it — I was not about to send some low paid AT&T call center guy every form of ID I had so I could discover my identity stolen when I got back,” JJ said.

“AT&T cares less about the troops who defend their right to exist in a free United States; they only care about money and that is disgusting and unpatriotic,” JJ shares.

Another customer, deployed overseas, was told to report to an AT&T store in the United States to discontinue service — there was no other way to cancel penalty-free.

As has been so often the case, when media attention shines a bright light on potentially illegal business practices or bad service, relief is soon in sight, for at least a few people.

The Problem Solver called Brooke Vane, a spokeswoman for AT&T, and described Jungheim’s situation.

Vane emailed Thursday to say AT&T adheres to the federal Service Member Civil Relief Act, which provides guidelines for how companies deal with those who are called to duty.

Vane instructed Jungheim to call AT&T’s customer care phone number again and go through the process of suspending service.

“Once he meets the requirements, including providing us with his orders, as required by law, we can process this request,” Vane said.

Thursday evening, Jungheim called AT&T and spoke to a representative.

“I faxed over my deployment orders … so I should be a go,” he said.

He will not be charged the $10 a month.

AT&T's website for servicemembers makes it easy to buy more of their products and services, but doesn't deliver much help to those who want to put their accounts on hold or leave. (Click image to visit site.)

Stop the Cap! recommends you arrange to cancel or suspend service as soon as you have a date in hand for basic training or deployment abroad.  Then call AT&T at 1-800-331-0500 and notify them you need to fax your written request to discontinue service, penalty-free, and are including a copy of your military orders.  By declaring your intent, you will present yourself as knowledgeable about your rights, and are less likely to encounter resistance from AT&T.

Do not fax or mail copies of any forms of personal identification.  They are not required under the law and there is no reason to expose yourself to identity theft.  We recommend you consider service cancellation over service suspension, because it lets you walk away from AT&T free and clear.  You will lose your cell phone number, but when you return, you can sign up as a new customer and receive a new phone discount.

Always write down the name and extension of the person you spoke with along with the time and date of your call and keep it in a file until you are assured the request was processed properly.

If you encounter problems, insist that your call be escalated to a supervisor.  If that fails, two of our readers reported they had near instant resolution to their ongoing problems with AT&T by calling their member of Congress or two Senators.

Verizon Wireless wins bragging rights this month as a new study shows fleeing iPhone owners on AT&T’s network were willing to put up money just to get out of their contracts and switch to Verizon. Two of every three departing customers paid AT&T up to $300 to break-up with the carrier and bought new iPhones that work on Verizon’s network.

The study, produced by Mobclix, found reception on AT&T’s network was by far the biggest issue cited by exiting customers, followed by Verizon’s offer of a personal hotspot add-on, and the perception Verizon runs a more robust network.

Mobclix found Verizon’s newest customers may have a point about who runs the stronger network.  Many AT&T customers are accustomed to relying on the company’s broadening Wi-Fi network to cope with 3G reception woes.  At least 53 percent of AT&T customers rely on Wi-Fi regularly for data connectivity.  On Verizon’s network, just 38 percent do.

But predictions of a stampede away from AT&T to Verizon have turned out not to be true, either.  Just 14 percent of America’s iPhone owners are on Verizon’s network.  AT&T serves the rest.

Analysts suspect the reason for this is that AT&T’s worst problems are in certain major metropolitan areas, but the carrier does respectably well providing service in many smaller and medium-sized cities.

Mobclix produced a map which may bear this out.  It shows the largest concentration of Verizon iPhone owners in the cities that are routinely cited as problem areas for AT&T:  San Francisco, New York, Seattle, Chicago, Boston, and Los Angeles.

“Based on our survey findings today, it’s clear that consumers are taking control of their mobile destinies by evaluating carrier criteria such as Wi-Fi usage, reception issues and reputation as part of their decision to remain with their carrier or make a switch,” said Krishna Subramanian, Mobclix co-founder.

(click to enlarge)

Verizon Wireless isn’t entirely rolling out the welcome mat for new iPhone customers.  PreventCAPS, one of our regular readers, dropped us a note indicating Verizon quietly added something new to the terms and conditions for new customers as of Feb. 3rd, which just so happens to coincide with the date the company started taking orders for the Apple iPhone — it reserves the right to throttle your speeds and “optimize” your browsing experience with caching and network management techniques that could reduce the quality of online videos and other bandwidth-intensive graphics.

Important Information about Verizon Wireless Data Plans and Features

As part of our continuing efforts to provide the best experience to our more than 94 million customers, Verizon Wireless is introducing two new network management practices.

We are implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While we invest much effort to avoid changing text, image, and video files in the compression process and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit www.verizonwireless.com/vzwoptimization

If you subscribe to a Data Plan or Feature on February 3, 2011 or after, the following applies:

Verizon Wireless strives to provide customers the best experience when using our network, a shared resource among tens of millions of customers. To help achieve this, if you use an extraordinary amount of data and fall within the top 5% of Verizon Wireless data users we may reduce your data throughput speeds periodically for the remainder of your then current and immediately following billing cycle to ensure high quality network performance for other users at locations and times of peak demand. Our proactive management of the Verizon Wireless network is designed to ensure that the remaining 95% of data customers aren’t negatively affected by the inordinate data consumption of just a few users.

These kinds of “network management” techniques, which include speed throttles, reduced quality graphics, and caching (which can result in stale web pages being served to your mobile device), are all made possible by the Federal Communications Commission’s failure to implement Net Neutrality protections for wireless providers.  While Verizon stresses it will treat all content to the same network management techniques equally, the “improved” broadband experience Verizon claims to offer is more likely to improve the company’s bottom line from reduced spending on network upgrades.

Like most providers, Verizon isn’t willing to be specific about what amount of usage is likely to trigger the throttle, why it needs to be maintained for the remainder of the billing cycle even when network congestion is not a problem, and what speed customers will be stuck with for the rest of the month.

Broadband Reports reached out to Verizon for specifics and discovered the provider has not actually implemented these measures… yet:

“The notice yesterday simply reserves the right for new customers or renewing their contracts,” Verizon spokesman Jeffrey Nelson tells Broadband Reports. “We’re reserving the right to actively manage the network in specific ways should that need exist – and only for customers who are under contract that includes that provision,” he says. “Because this is down the road – if at all – it’s too early to tell what those triggers might be, or what throughput limitations would look like.”

Verizon may be concerned about the potential impact millions of data-craving iPhone customers will bring to its network in the coming weeks.  Existing customers with Android devices or Blackberry handsets are safe for now — the provision only impacts customers who sign new contracts as of last Thursday.

Verizon says it will retain its unlimited data option (with the right to throttle service) for a “limited time only.”

The Associated Press reports, and Stop the Cap! can confirm AT&T is allowing some of their long-standing customers to switch back to unlimited data plans, even if they gave them up after the company introduced cheaper, limited data plan options.

After our regular reader “PreventCAPS” sent word AT&T was relenting on some requests for unlimited data plans, we spent some time late this afternoon with Jim Scott, an AT&T customer from New Rochelle, N.Y. as he navigated his way through AT&T customer service trying to get back to an unlimited data plan.

“When AT&T offered customers new, cheaper data plans, I never knew those replaced the unlimited option and I thought I could save some money downgrading to a cheaper data option,” Scott told us.

But Scott discovered the plan allowances he got didn’t save him money at all, because he exceeded them.

“I am a contractor and I spend all day on my phone moving large image files and even video of work being done on the properties I manage,” Scott says.  “Two gigabytes didn’t cut it.”

Scott tried to switch back to his unlimited plan this summer, but was told he could not, as it was no longer offered.

Enter Verizon Wireless, which is keeping its unlimited service plan at least temporarily as it introduces the Verizon iPhone.  Verizon’s imminent iPhone has become leverage for customers who want to turn the tables on AT&T.

“Thanks to AT&T’s greed, I had already made the decision to dump them for Verizon when my contract ends in February,” Scott says. “AT&T works fine in this part of New York, and the only reason I am leaving is because they don’t have a wireless data plan that met my needs.”

We worked with Scott and suggested he threaten to cancel his AT&T service and walk his future business to Verizon Wireless.  We asked him to make sure to tell AT&T the reason he was planning to cancel his service was because of the end of unlimited data option.

On a three-way call with AT&T customer service, AT&T promptly offered to restore Scott’s access to its discontinued unlimited data plan.

“All I had to say was ‘Verizon’ and ‘iPhone’ and the customer service representative immediately starting clacking away on her keyboard, and I had my unlimited data plan restored in less than five minutes,” Scott said.

The AP reports the key to success is having been a previous subscriber to AT&T’s unlimited data option.  New customers who signed up after June 2010 never had that option, and AT&T has refused to offer unlimited data to these customers.

Because newer customers are under relatively new contracts, actually following through on a threat to drop AT&T is an expensive proposition with early termination fees still well into the hundreds of dollars.  For those closer to a penalty-free exit, AT&T recognizes many of these customers already have one foot out the door.

Jose Argumedo, of Brentwood, N.Y., told the AP he and a friend were switched to an unlimited plan recently after they called AT&T’s customer service. Both have iPhone 4s, and previously had earlier iPhone models.

AT&T spokesman Mark Siegel wouldn’t confirm the option to return to an unlimited plan.

“We handle customers and their situations individually, and we’re not going to discuss specifics,” he said.

Scott says he is comfortable with his iPhone, but getting back an unlimited data plan was more important than the handset.

“If I can use the iPhone as leverage against these guys, why not?” Scott says.  “They’ve had me under their thumb for more than six months now with overlimit fees — now the table is turned.”

Stop the Cap! advises customers who want to follow in Scott’s footsteps get organized before calling:

1. Be sure to note the number of years you have been an AT&T customer;
2. Explain you used to have unlimited data and now want that plan back;
3. Tell them you are prepared to drop AT&T, even at the risk of a cancellation fee, if they don’t restore your access to the unlimited data plan.

If a representative is unable to make the switch, or doesn’t have information about how to switch you back, ask for a supervisor or hang up and call back.

A Sprint customer in Tulsa, Okla., was recently sold a Blackberry plan that included a data add-on service that allowed him to tether his Sprint wireless connection to his laptop, perfect for wireless broadband on the go.

John signed a two-year contract with the company, which included a copy of his plan choice and the charges associated with his account. There it was, right on his bill — Sprint’s “Phone as Modem” add-on, priced at $15 per month.

A few weeks later, the service stopped working, and after multiple phone calls with Sprint, John was told he should have never been sold that data plan add-on; it was only available to corporate customers, not individuals.

John pointed to his contract with Sprint, which clearly showed he was paying to receive the service, but Sprint didn’t care.  Nor would it permit him to exchange his phone for wireless broadband equipment that would provide him with the broadband service he needed.  Why?  Because he was already into his two year contract.

John was left fuming, wondering why Sprint’s contracts allow them to renege on a deal made fair and square while trapping him with equipment he can no longer use to obtain the service he needs.

“To me, they voided the contract when they took away the service without my knowledge,” John told KJRH-TV’s Problem Solver Pete Knutson. “This is principle, this is sole principle.”

John canceled his contract, but Sprint promptly billed him a $125 early termination fee and sent his account to collections, threatening his credit rating.

John was not alone in his predicament.

Sprint quietly canceled its individual “phone as modem” tethering option for Blackberry owners last April, literally stripping the feature off of any plan set up with a personal Social Security number.  Business accounts configured with a Taxpayer ID Number associated with the business name on the account kept the option.

Sprint was supposed to notify affected customers through bill inserts, but since most Sprint customers are now billed electronically, few customers got the message.

Several customers reported they were “notified” when the service simply stopped working one day last spring.  One Shenandoah Valley customer found out the hard way.

“My wife used her 8330 for internet access, and we purchased the MBR900 to tether the phone so she could have it in the best place for reception,” the customer notes.  “Sprint decided to disable the use of the phone as a modem, I thought the router went kaput until she called Sprint.”

It took five rounds of calls with Sprint customer service before finding a support representative with the real answer.

An even bigger question is why a Sprint salesperson pitched John a plan with an option that has not been sold to individuals for nine months.

As has so often been the case, phone companies seeking to avoid bad publicity nearly always waive fees and credit a customer’s account when the media comes calling.  John’s account balance was brought back from collections and promptly credited to reflect a zero balance.

Sprint refused to provide a specific explanation for how this happened. Channel 2’s Knutson advises customers to always check their cell phone contracts to make sure they are actually getting the services they are paying to receive.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KJRH Tulsa Cell company drops service still charges cancellation fee 1-13-11.flv[/flv]

KJRH-TV in Tulsa shares the story of John, a former Sprint customer who didn’t get the service his contract promised.  (2 minutes)