Is this cell phone agreement void?

[Taximule]

Ohio

I have had numerous issues with Sprint. Most recent is that I was notified earlier this month that my plan would be expiring and I was never notified that the plan I signed up for was a promotional plan that was good for only a year. I looked through my online documents. I have a 10 page Electronic Service Agreement. Some boxes needed to be initialed by me and five boxes needed actual signatures. The first box I initialed (agreeing to any lease agreements). The boxes after that, I didn't but someone else did. Then the signature boxes have a signature but it isn't mine. Above these signature boxes it states By signing below, you (i) represent that all information that you have provided to Sprint is correct; (ii) agree that you have read and agreed to all terms of this Agreement, including the terms of your service plan, the Ts&Cs and any other agreement provided during the sales transaction; and (iii) if acting on behalf of a business, represent that you have authorization to legally bind the business and agree to pay all charges if that business denies responsibility. AFTER YOU HAVE SATISFIED YOUR TERM COMMITMENT, YOUR SERVICE WILL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL YOU CONTACT SPRINT (DIAL *2 FROM YOUR DEVICE) TO CANCEL YOUR SERVICES. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES. Since those boxes do not have my signatures and the initial boxes do not contain my initials/writing, does this make everything null and void? I did sign Device Financial Agreements (I had to get phones that worked with Sprint) that was separate from the Electronic Service Agreement.

 

[adjusterjack]

Sorry, you used the phone for a year under the terms of that contract. It's enforceable.

You should have read it before you committed to the phone service.

 

[LdiJ]

Sorry, you used the phone for a year under the terms of that contract. It's enforceable.

You should have read it before you committed to the phone service.

I do not think that I agree with you, since whoever signed for him did not give him the opportunity to read whatever that person (obviously the salesperson) decided to commit him to.

However, for all practical purposes unless the OP is willing to be quite assertive and stick up for himself/herself its likely that its going to stick.

 

[quincy]

Ohio

I have had numerous issues with Sprint. Most recent is that I was notified earlier this month that my plan would be expiring and I was never notified that the plan I signed up for was a promotional plan that was good for only a year. I looked through my online documents. I have a 10 page Electronic Service Agreement. Some boxes needed to be initialed by me and five boxes needed actual signatures. The first box I initialed (agreeing to any lease agreements). The boxes after that, I didn't but someone else did. Then the signature boxes have a signature but it isn't mine. Above these signature boxes it states By signing below, you (i) represent that all information that you have provided to Sprint is correct; (ii) agree that you have read and agreed to all terms of this Agreement, including the terms of your service plan, the Ts&Cs and any other agreement provided during the sales transaction; and (iii) if acting on behalf of a business, represent that you have authorization to legally bind the business and agree to pay all charges if that business denies responsibility. AFTER YOU HAVE SATISFIED YOUR TERM COMMITMENT, YOUR SERVICE WILL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL YOU CONTACT SPRINT (DIAL *2 FROM YOUR DEVICE) TO CANCEL YOUR SERVICES. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES. Since those boxes do not have my signatures and the initial boxes do not contain my initials/writing, does this make everything null and void? I did sign Device Financial Agreements (I had to get phones that worked with Sprint) that was separate from the Electronic Service Agreement.

The agreement was an online agreement, correct? You would have had to sign electronically.

 

[Taxing Matters]

Since those boxes do not have my signatures and the initial boxes do not contain my initials/writing, does this make everything null and void? I did sign Device Financial Agreements (I had to get phones that worked with Sprint) that was separate from the Electronic Service Agreement.

Without reading the whole agreement and any other agreement involved with this no one here could really tell you what the effect is of not having those things initialed/signed. But I don’t understand your goal here. The carrier says your contract is about to end. If in fact the entire deal is void, then you have no contract for any set period of time with the carrier and the carrier may terminate service anyway. So I’m not seeing what advantage you think there is in the written contract being declared void at this point.

 

[quincy]

I agree with Taxing that the reason for your question is not clear. Do you owe Sprint money and are hoping the agreement can be declared void so you can get out of paying?

 

[Taximule]

I apologize that I wasn't clear in my post. My specific question is, since I did NOT initial everything nor sign the first agreement presented to me (which obviously made me unaware of some of the details), does this make all contracts signed after this document with Sprint (including the phones) null and void? Do I have a case against them for anything such as forgery? I've included additional information below.

My talk/text/data plan is what is expiring. Currently I pay $100 (plus taxes and fees) for this plan. When this plan expires, it will jump to $200. I did not sign the contract online. I was in the store and had to sign/initial for the plan and phones. As stated above, I did not initial all required boxes nor did I sign the phone part that states By signing below, you (i) represent that all information that you have provided to Sprint is correct; (ii) agree that you have read and agreed to all terms of this Agreement, including the terms of your service plan, the Ts&Cs and any other agreement provided during the sales transaction; and (iii) if acting on behalf of a business, represent that you have authorization to legally bind the business and agree to pay all charges if that business denies responsibility. AFTER YOU HAVE SATISFIED YOUR TERM COMMITMENT, YOUR SERVICE WILL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL YOU CONTACT SPRINT (DIAL *2 FROM YOUR DEVICE) TO CANCEL YOUR SERVICES. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES. This was the 1st document that I only initialed.

The phones that are on this plan are under a 2 year retail installment contract (calling plan good for a year/phones 2 years). I receive credit on my bill for the monthly installments on 3 out of 4 phones (4th phone is being bought as this one is an iPhone and didn't qualify for free). I did sign for the phones after the above document was partially presented to me. These documents state the phone, sale price, and breakdown of payments. The installment contracts basically say if I don't keep the phones for 2 years, then I have to pay the remainder that is left on the contracts (over $400).

I want to leave Sprint because of numerous issues with them. For 7 months after switching to them in Feb 2017, I had to call in at least twice a month because of them overcharging me and not issuing the credit for the phones. After I added a line in July 2017, I had billing issues again and had to make several phone calls. This phone was supposed to be free after 18 months (credit issued on my bill) but the rep entered is as a lease instead and didn't add it correctly to the current talk/text/data plan. I talked to a manager about this phone issue. I was told after he contacted the store that he couldn't figure out how to correct the phone billing in the system so he issued a lump sum for the contract (which in my opinion paid off this contract) and everything was taken care of (including the issue of it being listed as a leased phone) and noted on my account.

I called Sprint after I got the notification that my talk/text/data plan was expiring to see if I'd have any early termination fees if I left when this expired. I was told then about buying out the remainder of the phone contracts (including the one the manager issued credit on plus an additional $35 if I wanted to own the phone because of the lease matter). On this day, I talked to 4 different reps because I kept being transferred. Each told me something a little different on everything. One had mentioned about me signing a contract and that I could access this online under the my documents link. I accessed this because I did not recall signing everything I was being told I signed. That's when I noticed that the first document had the forged initials/signatures after my one and only initialed box. Therefor, someone else initialed for the part that I understood "Promotional offers and discounts are not reflected in the Customer Summary. Please confirm specific details with your Representative.", that I denied device protection plans, activation fees charged, policies & guidelines, and the phone agreements (this is where a signature was required and someone else signed and includes the wording above that is in bold).

Below is the full wording about the phones on this 1st document.
Agreement Information
LINE: (xxx) xxx-xxxx
DEVICE: SAM J327 SLV XCVR SGL
ESN: xxxxxxxxxx
CONTRACT: Basic Agreement
START DATE: None
END DATE: None

Terms and Conditions
Subscriber Agreement: You are entering into a binding legal agreement with Sprint on behalf of yourself or your Business.
Your Subscriber Agreement (Agreement) includes: (i) the terms of the Service Plan(s) that you choose as set forth in our Plans brochure, other printed materials made available to you and confirmation materials we may provide you; (ii) the terms set forth in the Coverage Map brochures; (iii) the most recent General Terms and Conditions of Service (“Ts&Cs”); and (iv) this Subscriber Agreement/Transaction summary. A copy of the Ts&Cs is available at sprint.com/termsandconditions. Ask a representative to provide any part of your Subscriber Agreement that you may be missing.
Changes and Updates: Sprint may make changes to your service, rates, service terms and policies, and Ts&Cs from time-to-time and we will provide you notice of any material changes. Your rights are set forth in the T&Cs. Notice will be provided in the Sprint News and Notices section of your monthly invoice or other means available to us (e.g., direct mail,email, call, text message).
MANDATORY ARBITRATION: As set forth fully in the Ts&Cs, we each agree to a mandatory arbitration provision that provides that (except for matters properly brought to small claims court) any claim, controversy, or dispute of any kind between you and Sprint must be resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis.
Activation Fee: A device activation fee may apply to each new line activated and to certain plan changes or upgrades of equipment.
Sprint Discount Program: The discount is subject to continued eligibility/enrollment criteria and other restrictions, and may vary based on the Organizations agreement with Sprint and will be zero after your Organization’s agreement with Sprint ends.
Payment Upon Default: If you provide your credit or debit card information to us at any time, you authorize us to charge your cards until successful for all delinquent amounts you owe us, as permitted by applicable law. You agree that Sprint may obtain updated information from card networks, issuers or other third-party sources.
Sprint E-SIGN Disclosure and Consent: Important Notice: In order for Sprint and you to enter into one or more Retail Installment Contracts, Lease Agreements and/or other agreements containing terms or disclosures required to be provided to you in writing (“Agreements”), Sprint must provide certain disclosures required by law. Sprint can only provide these disclosures and other information electronically if you consent. (1) You acknowledge and agree that disclosures, notices, records and other information we provide to you
related to the Agreements may be in electronic form (“Electronic Records”). (2) If we provide you with Electronic Records, and you want a copy in paper, you may request a paper copy, free of charge, by contacting Customer Care at (888) 211-4727. (3) Your consent covers all of your transactions relating to your entering into one or more Agreements with Sprint, including but not limited to the Agreements themselves, this E-Sign Disclosure and Consent, the Sprint Privacy Policy, and all other terms and disclosures related to the
transactions contemplated by the Agreements. (4) You have the right to withdraw your consent at any time and at no cost to you. If you wish to withdraw your consent or update your contact information, you must contact Customer Care at (888) 211-4727. (5) In order to access and retain the Electronic Records you will need the following: (i) A computer with an Internet connection; (ii) A current web browser that includes 128-bit encryption. The browser must have cookies enabled; (iii) A valid email address; (iv) A program that can read
PDFs, such as Adobe Reader (see http://get.adobe.com/reader/ for current version); and (v) Sufficient storage space to save electronic records and/or an installed printer to print them.

By signing below, you (i) represent that all information that you have provided to Sprint is correct; (ii) agree that you have read and agreed to all terms of this Agreement, including the terms of your service plan, the Ts&Cs and any other agreement provided during the sales transaction; and (iii) if acting on behalf of a business, represent that you have authorization to legally bind the business and agree to pay all charges if that business denies responsibility. AFTER YOU HAVE SATISFIED YOUR TERM COMMITMENT, YOUR SERVICE WILL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL YOU CONTACT SPRINT (DIAL *2 FROM YOUR DEVICE) TO CANCEL YOUR
SERVICES. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES.

 

[Zigner]

I suspect that you signed on an electronic pad of some sort. You have no proof that your signature and/or initials were forged. Signing on those crappy pads almost NEVER matches your actual signature.

 

[Taximule]

I suspect that you signed on an electronic pad of some sort. You have no proof that your signature and/or initials were forged. Signing on those crappy pads almost NEVER matches your actual signature.

Understand what you are saying. However, in the initial boxes a person can clearly see my initials in the first box (2 letters) and the remainder initial boxes are 1 letter and a different letter. As for the signature, they have my signature on another document and again, anyone can clearly see it is not my signature. I'm also on the phone with Sprint now and I was just told that it is unacceptable that my signature is not on those documents nor does it state about my plan expiring and they are launching an investigation. However, this doesn't change anything.

 

[Taxing Matters]

I apologize that I wasn't clear in my post. My specific question is, since I did NOT initial everything nor sign the first agreement presented to me (which obviously made me unaware of some of the details), does this make all contracts signed after this document with Sprint (including the phones) null and void?

No, not signing the first agreement would not result in subsequent agreements being void. Not initialing some specific item in a contract where initials are called for typically means you did not agree to that one provision but does not affect the validity of the rest of the contract. Again, one would have to read the entire agreements at issue and see what you signed/initialed to determine the effect of it.

Do I have a case against them for anything such as forgery?

You claim that someone else signed portions of that agreement. If so, then those signatures were forged. Whether that amounts to the crime of forgery, though, typically turns on whether it was done with an intent to wrongfully take money or property from you. It’s not clear that is what is going on here.

Your basic problem here is this: you want out of the service with Sprint, but you have phones that are evidently not yet paid for. If you leave before the 2 years is up, then you owe them a lump sum for the phones. As I understand your facts, you did agree to that. The lack of your signature on the first document that you quoted in your post (which doesn’t address payment for the phones) wouldn’t help you with the agreement you made to pay for the phones. You took the phones and knew they had to be paid for somehow at the time of the transaction. So you don’t get to leave without paying up for those phones.