[nerys]

"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..."

When this has been challenged in other venues and found to be UNREASONABLE it has been defeated. Just because the contract SAYS IT does not make it so if its unreasonable. My contention is its unreasonable.

This is where the law forbidding manufacturers from barring you from using third party parts for your car came from.


"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?"

again has to comply with the same reasonableness issue. alas irrelevant unless people challenge it.

"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:"

You really need to learn to read better man. No insult but seriously the first 5 words prove you wrong.

"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."

Uhh that means nothing like what you think it means. What it means is SOME accounts may have an ACTUAL connection between the phone and your contract. In the past sprint would sometimes offer a very good deal on a special phone. They did not want people USING the deal to get that phone AND THEN ESN changing selling the phone and simply paying the $200 ETF. (the deal might for example be good enough that you could profit selling the phone even after paying the ETF) or for example sign up at a new account get a nice deal on a phone ESN change ETF close the account and then use that phone on your other account.

Sometimes in the past and even still today sometimes sprint has offered discounts on phones in excess of $200

THAT is what that clause specifies. PLEASE at least read what your going to propose as evidence.

"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."

I always had it. When the instinct came out sprint started to take it away. This is wrong THIS is the point of my argument.

"sigh... and again there is nowhere in the contract that you can use what ever phone you want.... jeebus.... "

My reply to this is

sigh... and again there is nowhere in the contract that you can not use what ever phone you want.... jeebus.... (at least at the time I made the contract)