Canceling service due to breach in contract and avoiding ETF

Question

I have had Verizon Service since I first had a cell phone..about 20 years, now. Even though I have been frustrated, at times that there is no mechanism in the phone to let you know you are about to exceed your allotment of minutes and then having really hefty bills to pay, I've never had problems/issues until now...starting in May. Since I renewed my contact with Verizon and got an "upgrade", which was really a "downgrade" because I didn't want a smart phone and the Dare was no longer available, I have had major problems. I first got the KIN 2. The phone didn't work properly since I first got it. I placed numerous calls to Verizon about it. Then one day the phone acted like it was just turned on for the first time andit lost all of the contacts I had for the past 20 yrs. Because there was no back up assistant for it there was nothing I could do..some were very important family contacts that I cannot get unless they call me. The phone got worse and worse. After many calls, as I said, it was returned (after being given a really hard time and calling a lot) They tried to sell me the same phone but I was finally able to change it to an LG cosmos touch. They ended up sending a new Kin2 and the LG cosmos back and battery. Then  I called again and shipped it back and received the cosmos. It, too had problems from the start..many dropped calls, froze up to six times a day, alarm going off until it the battery died -unable to turn it off, and most importantly, it lost voicemails that were very important (such as lawyer calls, etc..). The battery wouldn't hold a charge. Both phones had numerous severe issues. When I took the LG to the store, they couldn't get it to do anything. At this point I had spent an enormous amount of personall time calling them and getting nowhere, getting so frustrated having to re-trll the story so many times.. I sent the LG back and was hesitant to even try another phone from Verizon. They sent another LG Cosmos. I have had it for about two and a half weeks and it has frozen once..which scares me. My account is past due but I wanted to be compensated for all the personal time, frustration, inept customer service, etc. I have had horribly unreliable phone service since May!. I called and spoke with customer service, told my lengthy story and asked to be compensated for all the trouble (especially the loss of contacts and lack of service) They said they would give me 59 dollars for my trouble if I upgraded to unlimited. UGH!! I then said that Verizon had a breach of contract by not providing me the service I was paying for. The guy insisted that I would be charged an ETF if I cancelled because I had an overage last month. I asked to speak to his supervisor. He said he'd call me the next day. Instead they turned off my service because my acct was past due and added a $15 late fee. I want to cancel for Verizon now. I am so angry. It IS a breach of contract,  righ? Terrible terrible service..never a problem before and I signed on for another two years when there are far cheaper phones out there because I was loyal to them.. I should add thatI have to have a reliable phone as I am a single parent of a child who is asthmatic. Please advise..I do appologize for this being so lengthy..my first post.. Verizon is about to lose a very loyal customer. I am so disappointed that at this point I would hire a lawyer if they refused to let me out without an ETF.

Answer 1

Leiko27 wrote:
If you were running Backup Assistant on the phones you had before the Kin, your contacts weren't lost, they simply weren't easy to transfer to the Kin. Anyone who runs Backup Assistant can view their contacts at verizonwireless.com/backupassistant. Also, if you've read the contract fully, you'd know it says that there's no guarantee of coverage everywhere, just that if you do have dropped calls you can get an airtime credit or if there's a definite service outage, they will compensate you for that period. Neither of which apply here. And if you're so late that your service is getting interrupted, it really doesn't look good for you. Verizon will work with you on payment arrangements if you're that late, but you have to call in to tell them what's going on.
{please keep your posts courteous} A simple search on ANY internet search engine reveals a vast number of complaints about Backup Assistant not working properly; both the online version and on the phones. 
My son went from a Samsung Omnia to a HTC Incredible and it took my persistently calling and emailing Verizon to finally get it too work on the Android phone and be able to sync with the online information. I finally had to send screen shots because much like you every Verizon Rep assumed they knew exactly what my experience with their piece of crap software had been and kept telling me that what I was describing wasn't possible because Backup Assistant "isn't available on the Samsung Omnia".  However, Backup Assistant indeed existed PRIOR to the release of the first Android phone on Verizon; back when they had more Windows Mobile phones and catered to business users. After Android was a runaway hit and demand soared, Verizon changed the software to meet the new demand.
{please keep your posts courteous}
Your statement "if you've read the contract fully, you'd know it says that there's no guarantee of coverage everywhere, just that if you do have dropped calls you can get an airtime credit or if there's a definite service outage, they will compensate you for that period. Neither of which apply here"{please keep your posts courteous}Additionally, how do YOU know whether or not there was a service outtage in someone else's area?!
If YOU had read the OP's post carefully then YOU would have caught on to the part of the post that states the bill is past due to try and get compensation for horrible service, customer service, and all of the trouble these non-working phones have caused.
FYI: Verizon's failure to provide a phone that actually works as it is described can and should be deemed a breach of the contract on Verizon's part (from someone who DOES know something about contract law.
And another thing, missing a call from one lawyer does not mean  that particular lawyer is certified in or specializes in consumer law. Yes, it is INDEED possible to have one type of an attorney working on one issue and then need to hire a DIFFERENT attorney to handle another type of issue.