How To Avoid Rogers Incoming SMS Charges

By Ex on July 10th, 2009 65

If you are going to read any post today, make it this one.

Many of the changes that Rogers Wireless implements to its service affect only new customers that begin service with Rogers on the policy change date. Usually existing customers are unaffected. However, that is not always the case.

iphone_rogers1

This week on July 7, 2009, Rogers began charging all of their post-paid (in contract or not in contract; pre-paid not affected) customers for incoming text messages if you did not have a text message package on your plan. While most of you have a text message package and have little to worry about, there are a number of people that do not have a text message package and may see charges for incoming text messages.

In my post this week, I detailed two methods to avoid incoming text message charges; get a text message package or block incoming text messages entirely. Well today, there is a possible THIRD method.

Call Rogers and Say You Do Not Agree

Do me a favor right now. Go grab your Rogers Wireless monthly bill. Flip to page 2 and read number 15 under the Rogers Terms of Service:

“15. Rogers may change these terms, and any aspects of the services, upon notice to you. If you do not accept a change to these terms, your sole remedy is to retain the existing terms unchanged for the duration of your commitment period. If you do not accept any other change to aspects of the services, your sole remedy is to terminate.”

In other words, if you do not accept the recent change to charge for incoming text messages, you do not need to pay for them and your service can continue unchanged.

Every single post-paid (in contract or not in contract) customer of Rogers meets the requirement under Condition 15 which is “upon notice to you“. Each post-paid Rogers customer was informed of the incoming text message charge changes via their bill a few months ago.

So call Rogers at 1-888-ROGERS1 or *611 from your mobile phone and quote Condition 15. If they give you push back, ask for a Manager. Make sure the (usually uninformed) representative realizes this a legally binding document and they cannot simply say “no”. At this point, get them to put a text message plan on your account for free for the remaining time of your term. You can choose from the packages below (however Rogers will most likely award the $5 bundle):

$5 Messaging Bundle

- 250 sent Text or Picture/Video Messages

- Unlimited received Text or Picture/Video Messages

- $0.15 per additional outgoing text message after 250; $0.50 per additional outgoing picture/video message after 250

—

$10 Messaging Bundle

- 2,500 sent Text Messages

- Unlimited received Text Messages

- $0.15 per additional outgoing message after 2,500

—

$15 Messaging Bundle

- Unlimited sent/received Text Messages

—

BUT WAIT, There Is One More Thing…

There are two small issues with this.

First, pull up your original contract. If along the fine print there is a heading “Text Messaging Pay-Per-Use Service“, then you cannot use Condition 15. That heading states that received (incoming) texts will be chargeable. These conditions on your original contract only changed within the last few months, so only Rogers customers that just started service (and signed the updated contract) with Rogers in the last few months will not be able to use Condition 15. For everyone else, you can still use Condition 15. However, double check your original signed contract to be sure.

Second, if you re-read the final sentence of Condition 15, “If you do not accept any other change to aspects of the services, your sole remedy is to terminate”, this could mean that you can only disagree to a change in services one time. However, the last sentence is very much open to interpretation.

In other words, it could mean that if you disagree now to the incoming text message policy change, then you automatically agree to any future changes to the service and if you try to disagree with those future changes, your only remedy will be to end your service and pay any possible fees.

So Condition 15 seems to be a One-Time Get Out of Jail Free Card. Use it wisely.

Remember, Condition 15 only applies to customers that did not sign the updated Rogers contract. Check your original contract for the “Text Messaging Pay-Per-Use Service” heading to be sure.

Also, please note that Condition 15 also only applies to Rogers service changes that have occurred after the signing of your Rogers contract. So any service changes that have been modified to something different from what you originally signed for on your Rogers contract can be disputed under Condition 15.

If you are going to attempt this, post your experience below.

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A huge Epic Win goes out to iPhoneInCanada Forum member ‘Grumbler’ for the keen observation.

Reports on iPhone news, reviews apps and accessories. Also an armed ninja with an iPhone 4.

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  • http://www.phronk.com phronk

    If it only applied to changes to services, as distinct from changes to terms, why would the word “other” be necessary? It could be left out and the meaning would be clearer.

    “Other” may only be referring to “changes”, but it's ambiguous as written.

  • evan_phi

    So the system works, and the squeaky wheel got the grease :D

    On the advice of my mother, of all people… I asked to speak with a Customer Retention Manager today. They are the people responsible for keeping you as a customer.

    I first spoke with a regular phone-monkey, and when I quoted article 15 she blah blah blah'd, so I said “could I speak with a CRM, please?” “I'm sorry sir, CRMs are only for people who are considering canceling their contract.” “Well guess what…” “I'll forward you right away, sir.”

    After 2 mins on hold I explained my plight to the CRM, and she offered me the 5$ package, 250 Outgoing and Unlimited Incoming. I accepted, and told her she made my day. I think I could hear her smile. :D

    Huzzah.

  • evan_phi

    So the system works, and the squeaky wheel got the grease :D

    On the advice of my mother, of all people… I asked to speak with a Customer Retention Manager today. They are the people responsible for keeping you as a customer.

    I first spoke with a regular phone-monkey, and when I quoted article 15 she blah blah blah'd, so I said “could I speak with a CRM, please?” “I'm sorry sir, CRMs are only for people who are considering canceling their contract.” “Well guess what…” “I'll forward you right away, sir.”

    After 2 mins on hold I explained my plight to the CRM, and she offered me the 5$ package, 250 Outgoing and Unlimited Incoming. I accepted, and told her she made my day. I think I could hear her smile. :D

    So, for anyone else who decides to do this: make sure you ask for a CRM and say that you are considering dropping your contract. They want your business, whether or not their phone-monkeys make it obvious, ;)

    Huzzah.

  • http://twitter.com/ronho Ronald Ho

    if the 1st CSR does not give you anything, ask for a supervisor. If the executive line picks up, then you are most likely in luck.

    When i argued for my incoming free, I made it clear that I should not be expected to pay for incoming text messages because I signed on not expecting to have these charges. If your contract, when you signed on states that incoming is free then you have a even better argument.

    If they try to offer you 30 text for 3 dollars, decline politely and ask if there is anything else they could do. Don't accept ANY offers unless you think its a good deal/satisfies your needs

  • http://twitter.com/ronho Ronald Ho

    um..isnt that package one of the default packages you can just get without arguing…?

    listed up there ^ 5 dollars for 250 messages…

  • evan_phi

    You still often have to make a stink to get anywhere with any of this.

  • DaSandman

    BTW first bill arrived since I called and complained.

    Looks like they added the $5 plan “Messaging Bundle 250″ and gave me a permanent refund on it : “Savings: Monthly Plan Credit 3 Yr” :D

    Works for me!

  • http://www.iphoneincanada.ca/category/x1zeros-corner/ X1Zero

    That's awesome news!

  • armyboy

    Hey guys,

    I did exactly what the article said and thought you guys would like to know my experience. First try, i got a stupid boy who couldn't do anything or understand what I was saying. The KEY is to get a hold of a Manager. They know the specifics of the Rogers Terms of Service and they have the power. No Managers were in that day so he set up a Case for me. Didn't contact me back till I had to 3 days after : ( but spoke to a Manager and she didn't even question me. They really shouldn't give you any hassle because the Rogers Terms of Service 15. says it all. So they offered me Caller ID, VM + 2500 txt msgs for FREEEEE! Now I have become a texter. Good luck to you guys.

  • bob231321

    Well, called today and explained to a CRM about the Condition 15. The lady said that you have 3 months after a change to dispute but then she didn't question me any further and after a few minutes hold she offered me a 500 text messages and unlimited incoming text messages plan for free for the rest of my contract which is around a year. Thank you to everyone who contributed to this thread!!!!! GOOD LUCK TO ANYONE ELSE PURSING ROBBERS ON THIS ISSUE!

  • Victim

    I just had a 47 minutes long argument with Rogers rep + a special services department Rep/incharge (whoever it was), using the same point 15 argument along with making my point clear to them that Incoming messages are not in my or anyone's control and it's a rip off

    However, he outright refused it, I mean DENIED it that Point 15 in Terms of Service have even anything to do with this Incoming SMS charges. He said it's an open ended statement for multiple different services Rogers is offering and does not apply on SMS incoming charges, which is definite charge and WILL NOT change and apply on everybody. When I pushed the argument further, he started twisting things around and said my commitment with rogers is only until End of the month, he will take that charge off, but then from next month, I will have to choose between Pay the (unfair) charges or cancel the service (he was blunt).

    Moreover, when I asked if he can give me anything in writing that whatever he said will apply on my account, he refused to give me anything in writing about the change and said Rogers don't do that, it can change the terms anytime it wants and the customer have to abide by it, and if they don't like it, they can cancel the service. (Whatever happened to retaining customers?)

    So I wasted about 47 minutes of argument by shooting my blood pressure up and availing no success.

    That Number 15. under Terms of Service does not work, and even if it does under some circumstances, you got lucky.

    I think the government is too greedy to step in to stop the trio from abusing Canadians with their unfair charges that are unheard of in the rest of the world. System Access Fee to Incoming SMS charges, they are all rip-offs and unfair, and an end-user (a poor Canadian) is nothing more than a victim of the greed.

  • http://www.iphoneincanada.ca/category/x1zeros-corner/ X1Zero

    You should said you will cancel and get sent to Retentions. Then make
    your claims again there.

    It is retentions who will try to keep you as a customer. Most service
    level reps could not care less if people want to leave Rogers. They
    get their paycheck by answering calls for sales.

  • Victim

    I just had a 47 minutes long argument with Rogers rep + a special services department Rep/incharge (whoever it was), using the same point 15 argument along with making my point clear to them that Incoming messages are not in my or anyone's control and it's a rip off

    However, he outright refused it, I mean DENIED it that Point 15 in Terms of Service have even anything to do with this Incoming SMS charges. He said it's an open ended statement for multiple different services Rogers is offering and does not apply on SMS incoming charges, which is definite charge and WILL NOT change and apply on everybody. When I pushed the argument further, he started twisting things around and said my commitment with rogers is only until End of the month, he will take that charge off, but then from next month, I will have to choose between Pay the (unfair) charges or cancel the service (he was blunt).

    Moreover, when I asked if he can give me anything in writing that whatever he said will apply on my account, he refused to give me anything in writing about the change and said Rogers don't do that, it can change the terms anytime it wants and the customer have to abide by it, and if they don't like it, they can cancel the service. (Whatever happened to retaining customers?)

    So I wasted about 47 minutes of argument by shooting my blood pressure up and availing no success.

    That Number 15. under Terms of Service does not work, and even if it does under some circumstances, you got lucky.

    I think the government is too greedy to step in to stop the trio from abusing Canadians with their unfair charges that are unheard of in the rest of the world. System Access Fee to Incoming SMS charges, they are all rip-offs and unfair, and an end-user (a poor Canadian) is nothing more than a victim of the greed.

  • http://www.iphoneincanada.ca/ Ex

    You should said you will cancel and get sent to Retentions. Then make
    your claims again there.

    It is retentions who will try to keep you as a customer. Most service
    level reps could not care less if people want to leave Rogers. They
    get their paycheck by answering calls for sales.

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