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Originally Posted by nerys

"The terms of your contract were very, very specific. It just so happened that Sprint allowed you to make certain modifications to your contract. You then extrapolated those allowances to a general right. That's where your argument breaks down. "

so where in the contract does it say I can only user current phones? where ANYWHERE in the terms does it explcitly spell out that I was EVER limited on phone selection before the instinct came out?

Ok, I can see I'm going to need to bring out the big guns.

Sprint does not have to specify that you can only use current phones. Here is why:

We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of material changes, and may provide you notice of non-material changes, in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment, you may terminate each line of Service materially affected without incurring an Early Termination Fee only if you: (a) call us within 30 days after the effective date of the change; and (b) specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment.

This is a typical contract-change clause. You were provided notice re: the Instinct AND re: Android. Sprint was very public about both. Moving on...

Additional terms will apply to certain Devices and applications (the terms may come from Sprint or a third party) and will be provided with the Device or prior to the use of the application, as applicable.

Another very standard clause that says: "Hey, some of our devices--not enumerated here--may require additional terms." Guess what phones fall into that category?

This is our central issue, Nerys--you're extrapolating that because you COULD activate any phone on SERO that it was a right enumerated in your contract. It was not. The contract refers SPECIFICALLY to the device you INITIALLY activate. The language is very clear here:

If your Agreement requires you to keep a phone active/maintain a line of service for a minimum Term, the Term begins on the phone activation date

What this means is that your agreement is active once you've activated a SPECIFIC phone. Your ability to change that phone is then strictly covered by the above clauses. When you joined, Sprint was not enforcing any additional terms on any of its phones, but it had clearly reserved the right to do so. Whether or not this is legal is up to the courts--but I can tell you that it's pretty standard.

It's like I said, man. This ship has sailed. If this was a problem you had, you should have ended your contract with Sprint last year. Now you're angry because they're "charging" you for something you believe you had, but it's been clearly shown that a.) you never had it, and b.) Sprint's been very upfront that you've never had it.