Verizon Wireless Forcing Required Data Packages Internet

I disagree with the statement regarding the data plan and not being required if you receive a phone as a warranty replacement. After purchasing the Voyager (no data plan required) and then VZW replacing 4 phones in 3 months with "certified" phones to replace the BRAND NEW PHONE we upgraded to (the Voyager) due to power down issues, screen going blank, etc., we were told the only compatible phone was the new ENV3 but it required the minimum data package of $9.99 per month. After discussing and arguing the issue for over an hour, we were offered a lesser quality phone if we didn't want the data package. Since I had just paid for the VOYAGER for which I was sent "certifed replacements" for and getting nothing but someone else's problems shipped out to us, and I was assured that the new ENV 3 was the answer to all of my problems, we were sent the ENV3 and the data plan was added to my monthly cost.

My argument was specific, I am not "UPGRADING", this phone (Voyager) is no longer available NEW and the "CERTIFIED LIKE new" have lasted for sometimes hours after being activated to days or weeks before having power down and screen issues and I should not have to go backwards because I don't want the data package".

BOTTOM LINE: I did not elect for a premium device, it was a warranty replacement and I get to pay the $9.99 per month and was told it was NOT a choice.

Best of all....since January we have had the brand new ENV3 phone followed by 3 "certifed" phones and all have been replaced because they power down, the touch screen doesn't work after being calibrated, or it goes blank or just freaks out. After waiting for sometimes 30 mins to an hour for help the first thing out of the reps mouth is "we need to run/upload updates on this phone". REALLY.... I was just sent this phone two days ago "CERTIFIED" why should it NEED UPDATES?

We are now waiting for another phone to be sent. Fortunately I am used to paying the $9.99 per month data package which is what they count on. After being in the store for over an hour, I was able to get them to send me a different "certified" phone and did not have to pay for a battery or cover (but only after getting to speak to the manager who helped me after the 2nd replacement phone was sent). Even after going around and around, and having visited the store 4 times and talking to the tech department, I was going to have to pay a "reduced" price for a battery PLUS re-purchase accessories that I just paid for because they were not compatible with the replacement phone that was coming.

you do realize that you only have to pay that fee if you voluntarily upgrade to a phone that requires the data package. if you are given a replacement device under warranty and that device has a package requirement, it is not applied to the phone because of the involuntary circumstances. so verizon is not actually forcing anything on you.Bottom line: if you elect for a premium device, you will pay a premium service. end of story.

I am currently in the process of a small claims case with Verizon regarding the ETF.  I canceled the service immediately after finding out about this mandatory data requirement.  After reading the contract, I do believe that I have a very strong case because of the following:

1.  I attempted to purchase the phone at full retail price.  At full retail price, I should not be required to pay additional charges because Verizon and I already had an agreed upon pricing.

2.  Verizon's contract states "Your wireless device must comply with Federal Communication Commission regulations, be certified for use on your network, and be compatible with your service."  This essentially says that I can use any phone I would like under my current contract terms.  (Verizon will probably argue that multimedia phones subject to the data plan requirements are not compatible with my service so see #3)

3.  The claim that the phone is not compatible with my service is based on an arbitrary decision being made by Verizon and is only true based on the fact that someone at Verizon decided that it would be true.  This is easily proven by the fact that before Verizon decided to institute their mandatory data policy, these phones were considered to be compatible with my service.  Therefore, the multimedia phones are indeed compatible with my service contrary to what Verizon would like the public to believe.

4.  My previous phone, if released today would be considered a multimedia phone and subject to the $9.99 charge.  Therefore, any multimedia phone is not materially different than the phone I already had with the service.  This also then re-proves point #3 that a multimedia phone is indeed compatible with my service.  An additional point would is that the so called "Feature Phones" that do not require data would require me to get a phone that was materially different [inferior] to the phone I originally had agreed to service with.

5.  Verizon's contract states that if any changes are made to the agreement that has a "material adverse effect on you" you can cancel service without paying the termination fees.  Forcing me to pay an additional $9.99 monthly given what is stated above would therefore have a material adverse effect on me, and my termination fee should be waived.

Verizon of course legally has the right to add a $9.99 fee when they let you have a phone at a discounted price.  In addition, they have a right to add this fee if your contract is up.  Is this business practice right?  Probably not.. but if you are not under contract, as a consumer, you can take your business elsewhere at any time and vote with your wallet.

To sum it up quick. I have two lines with verizon. My girlfriends phone was stolen yesterday. It was an enV 2. We needed to replaced her phone. she wanted the Alias 2, then they told me that phone requires a minimum megabyte plan/ internet plan. Starting at ten dollars a month.

I tried to explain to the verizon associate my girlfriend does not use the internet at all she only uses it for calling and text. She said well AT&T has change their billing so verizon had to change too. Doesn't matter to me. So then she tells me they have simple feature phones that didn't require the internet package. There is like six to chose from all very low tech. Any phone worth buying requires internet package. So my girlfriend was forced getting a low grade phone. I have been arguing all day with verizon associates on the phone and in person that this is really wrong but none of them care.
 
Up until today verizon has been the best cell phone company I have ever been with. Today is making me look at my options as far a cell phone providers go. I don't appreciate being strong armed by a cell phone company into paying for services that won't be used.