Details of Complaint
This is a matter originating more than 5 years ago with the purchase of a cell phone and service from Sprint PCS in 1999. I made this purchase based on Sprint advertising that promoted nationwide service on the only digital network built from the ground up. This appealed to me because I was working in both Tucson, Arizona and Portland, Oregon.
My complaint is the service provided was substantially not as advertised, the Sprint PCS phone dropped calls regularly despite being serviced at least twice, and 5 years after I paid and terminated my Sprint PCS account a collection agency has bought the account from Sprint PCS and submitted derogatory information to the credit reporting bureaus.
From the beginning, my phone would drop calls regularly. There was no service at all in most of the area between Tucson and Portland. There were many places within Portland and Tucson where there was no service.
At the direction of Sprint customer service, I took my phone into the Broadway store in Portland at least twice and technicians supposedly replaced parts which would correct the problem. There was no noticeable improvement.in fact, on many occasions my calls would drop in mid-conversation with Sprint PCS staff.
It was impossible to accurately track minutes. I would get a different total depending on whether I called Sprint PCS customer service, or called or went into the Broadway store in Portland.
Many times I described the irony to Sprint PCS customer service that I had a Sprint phone card that would tell me exactly how many minutes I had every single time I used it, yet the same company could not provide an accurate and up to date accounting of my cell phone minutes. Why couldn't the phone card system be used to accurately track cell phone minutes?
Undoubtedly the reason was because Sprint PCS wanted subscribers to exceed the allotted minutes so they could charge their customers an exorbitant price-per-minute, rather than automatically moving their customers up to the next calling plan.
After approximately 4-5 months, I went into the Broadway store, asked what was currently owed on my account, paid that amount, and turned my phone in.
Subsequently I received a collection letter from Continental Alliance in Seattle, Washington seeking further payment. (See copy of Demand Letter). I responded with a letter describing my experience and sent it Certified Mail on October 16,1999. (See copy of Certified Mail Receipt).
I never heard anything more and no derogatory information was ever submitted to the credit reporting bureaus for 5 years.
My credit score was very high and I was able to easily finance a number of real estate purchases over the next 5 years.in I financed 2 properties over the phone at market rates without ever meeting the lender because I had such excellent credit.
After nearly 5 years had passed since I terminated my Sprint PCS account, I received a demand letter from Allied Interstate/Calvary Investments demanding $479.19. On February 28 I sent another letter explaining the account was paid in full when I turned in my phone and terminated my Sprint PCS account because of the extremely substandard service and misleading advertising. (See copy of February 22 letter to Allied Interstate/Calvary Investments). My letter was sent Certified Mail. (See copy of Certified Mail Receipt and copy of Verification of Delivery).
I never received any response from Allied Interstate/Calvary Investments until 8 months later when I received a form letter offering to settle the account for a 40% reduction.included in the letter was the statement, in bold caps, large font, Cavalry Portfolio Services IS COMMITTED TO WORKING WITH YOU. (See copy of demand letter).
In January, I received another demand letter offering to settle for a 35% reduction. (See copy of demand letter). I called and spoke with a man named Sean, explained the whole thing once again and faxed him a copy of the February 22 letter I had previously sent Allied Interstate/Cavalry Investments.
In May, I received a letter from Cavalry requiring me to provide proof the account was paid in full. (See copy of demand letter).
In July, I learned during the course of financing real estate that my credit score had dropped to 602 due to derogatory information from Cavalry.
I called Cavalry and spoke with a man named Mark, who was surprised at how old the matter was (five years). He told me 90% of the calls he gets are from people who had lousy service at Sprint, including dropped calls while talking to customer service. Mark volunteered that Sprint has the worst service of cell phone companies.
I offered to settle if Cavalry would delete the derogatory information in my credit report. Mark spoke with his manager who said they would never have the information deleted. Mark said I should call Sprint and that if it were up to him, he would take my money and have the derogatory information deleted.
I called Sprint PCS which has an outgoing message stating we make wireless easy for you. I spoke with Todd, who said the only records Sprint has are that my account has a zero balance and that I never cancelled the service, despite the fact that I turned in my phone and cancelled the service in person at the Broadway store in Portland.
Now I am in a situation where I do not qualify for a market rate mortgage and will likely have to go to a hard money lender. I have discovered this type of lender generally charges 5 points and 12% to 15% interest. I have non-refundable earnest money in a real estate transaction scheduled to close on August 15.
This is a terrible situation that began over 5 years ago. I have explained over the phone numerous times at length. I have sent letters that were never responded to. I have sent a fax. All of these establish my attempts to resolve the matter, which I followed up with still more phone calls and explanations.
Sprint PCS was very misleading in advertising nationwide service on the only digital network built from the ground up. Later, after I had terminated my account with Sprint PCS, this misleading advertising was changed to service in most major metropolitan areas, nationwide. A very substantial difference.
My Sprint PCS phone frequently did not work despite at least 2 trips to the Broadway store for repairs, and was finally dropping so many calls, including while I was talking to Sprint PCS customer service, that I cancelled the service in person and left the phone at the Broadway store. I vividly recall asking the staff member at the Broadway store what I owed as of that day, and paid that amount.
I believe the information I've provided establishes fraudulent and misleading advertising by Sprint PCS, that I relied on the fraudulent claims when signing up for the service, that the nationwide service wasn't nationwide and was not reliable even within the major metropolitan areas of Tucson and Portland, and the equipment provided by Sprint PCS
as part of the Agreement consistently malfunctioned despite being taken in for repairs at least twice.
The remedy I seek is to have all derogatory information concerning Sprint PCS, Allied Interstate/Cavalry, and any other entity involved in this dispute deleted from my credit report, and the matter to be settled once and for all.
Brent
Portland, Oregon
U.S.A.
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