Is Verizon's new early-termination fee anti-consumer?
Beginning Nov. 15, Verizon subscribers looking to get out of their smart-phone contracts early will pay $350 for the privilege. That early-termination fee is double the current one, but Verizon insists it's justified because of the higher prices of today's phones.
"The cost of smart phones is considerably higher than feature phones for which the early termination fees were created years ago at $175," said Verizon spokesman Jim Gerace. He added that the new $350 ETF declines by $10 per month through the life of the contract and customers can avoid it by buying their devices off contract and paying full retail price.
(Credit:
All Things Digital)
An interesting move for Verizon, which just last year agreed to pay $21 million to settle a class-action lawsuit filed by California consumers over the very early-termination fees it is now increasing. The plaintiffs in the suit alleged that Verizon's ETFs were illegal under California law and that they were designed to unfairly lock consumers into long-term contracts and prevent them from switching carriers. When Verizon settled the suit, it denied any wrongdoing, insisting that early-termination fees are simply a means of recovering legitimate costs. And to some extent Verizon does have a point.
Full retail price for the Motorola's new Droid is $559.99. With a two-year contract, Verizon sells the handset for $199.99. Theoretically, that's a $359.99 subsidy (I have no idea at what price Verizon purchases Droid from Motorola). So if Verizon allowed subscribers to break their contract after a month without paying an early-termination fee, the company would stand to lose money. And subscribers who did so could subsequently sell the device online and potentially make a profit, though a small one.
So it's certainly understandable that Verizon and other carriers want to protect the subsidies they dole out for these new smart phones. And as noted earlier, Verizon's new ETF drops by $10 each month a subscriber remains under contract. But at this rate, subscribers are still bound to pay a $110 termination fee in the 23rd month of a two-year contract. The contract is nearly over, the subscriber obligation to Verizon almost fulfilled, yet the company can still slap its customers with nearly a third of the full ETF if they break it at that time.
By month 23 of a two-year contract, does Verizon really stand to lose $110 if subscribers decide to switch carriers? Doesn't seem likely if subscribers can walk away just a month later without consequence, taking their handsets with them.
Since Verizon is pro-rating the ETF, why isn't it doing so in such a way that it zeroes out by the end of the contract?
And isn't the fast pace of innovation in the smart-phone sector such that prices-for both component and device-are dropping so quickly that high ETFs aren't really justified? Remember, you can get Apple's iPhone for $99 today. When the iPhone debuted in 2007, it commanded a price of $499/$599, depending on model.
I've put those same questions to Verizon and will update here when I hear back. In the meantime, here's what Consumers Union policy analyst Joel Kelsey has to say on the matter: "When people want to switch wireless services, the biggest cost they face is early termination fees. These fees are designed to lock people into long-term contracts and stop them from getting better deals. Early-termination fees make the marketplace less competitive. Verizon's move is painful proof that it's time for lawmakers to crack down on these fees."
UPDATE: Verizon Wireless spokesperson Nancy Stark offers the following answers to the questions I posed above:
Your first question regarding the balance at month 23 or 24 assumes that, at that point, we have recovered all of our subsidy and up-front costs for every device. That simply is not so.On your second question, while the pace of innovation plays a role in prices coming down somewhat, it also plays a role in driving up costs as more and more complexity that customers want is added to phones-from premium HTML browsers to high-resolution MP cameras with optical zoom; videoplayers; music players; dual processor chipsets; WiFi; very high display resolution, operating systems such as BlackBerry, Windows Mobile, Palm, Android-ALL with the added value (vs a desktop) of mobility, and ALL in one tiny device that ALSO allows you to talk to anyone from anywhere. phew! (by comparison, I recently paid $200 for a camera and all it can do is take pictures, and it has only middle of the road capabilities.)
But getting back to ETFs specifically. The most important point is that Verizon Wireless customers do not have to have an ETF at all if they do not want to. ETFs allow customers to have it either way: They can have no ETF and pay full retail for their device. OR, they can get a greatly discounted device by having an ETF.
Story Copyright (c) 2010 AllThingsD. All rights reserved.






- by colin779 November 7, 2009 11:40 AM PST
- When their rep speaks of all this technology that goes in to these phones and thats why they cost so much and must charge a high etf fee, she forgets to point out a very important fact. VERIZON DOES NOT MANUFACTURE THESE PHONES! they simply sell the service that lets them operate. i bet they dont pay more then $150 for a phone they sell at a full retail of $599.
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- by colin779 November 7, 2009 11:47 AM PST
- i forgot to mention, my brother recently left verizon due to lack of service where he lived. after an hour and a half on the phone got out of paying an etf fee because the phone was not usable at his house (yes it is in town, not in the middle of of the hills, we live near seattle). about a 2 months later he gets a bill from verizon for a etf. he calls with the confirmation code he was given when he cancelled, but if you enter the code when it asks you too verizon hangs up on you... so he paid (i have no idea why) he got another bill the next month saying he hadn't paid, same thing, you call, put in the number they gave when he made the payment, and then you get hung up on. now they are threatening to send him to collections. he sent them a letter from a lawyer with proof of his payment back in the payment envelope, and has not heard back. <br /><br />that is some shady business practice if i have ever seen it....
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- by colin779 November 7, 2009 11:48 AM PST
- also, dont try the verizon store for issues like this, they wont help you.
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- by guitarman2000 November 7, 2009 9:56 PM PST
- I love how people gripe about this. Its the same thing over and over. IGNORANCE. Its called retail.......Try this: Go to best buy and pick out any item in the store, you will be paying atleast 100 percent mark-up over what they bought it from the manufacturer for, and no one minds doing that or ******* in forums about it like little babies. Now look at it this way: Verizon does not manufacture the hardware/software (though they do build their own software for the phones), but they are responsible for paying for the towers/equipment/technology that cost upwards of a millions dollars a tower every 10-20 miles and paying for the accompanying support, stores, call centers, employees, switching centers, and then have to buy that $599 phone for 150-300 bucks, all while hoping you remember to pay your 60 dollar bill. take all of the cost associated with providing that and still trying to be profitable and maybe you can understand why it does take most of a 2 year contract to become profitable......screw the phone, thats made up quickly, but the cost of you using it and providing the employees and services every month is definately factored in. Its called forecasting......Try going to canada and you will quit complaining.....They do 3 year contracts, are about 50 percent more expensive and most dont even have an unlimited data plan for 29.99, its more like 2 gigs a month or something........ridiculous
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- by Lerianis3 November 8, 2009 11:58 AM PST
- guitarman2000, you had better come down a bit with the cost of those towers. They cost MAYBE 1/5 to 1/3 of that price that you mention.<br />Oh, and yes, I DO have a problem with paying a 100% markup over the cost that someone pays for something....... and I simply do NOT BUY FROM THAT STORE if that is the case, or ask for a decrease in the cost.
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- by Mergatroid Mania November 8, 2009 8:52 PM PST
- @guitarman2000<br /><br />Don't know where you get your facts from but most of them are wrong.<br /><br />I am Canadian, and although my plan is way over priced compared to rates in other countries, it is available in 2 years just like it is in the U.S. I chose 3 years to get my phone free. I could have gotten a lesser phone free on a 2 year contract if I preferred. Next year there will be a few more companies providing cellular services in Canada and we will start seeing rate plan fees drop. They have already started eliminating some fees such as 911 and "system access" fees in anticipation of these new carriers.<br /><br />Also, I work in the retail industry, and I can't speak for the U.S., but in Canada the standard markup in most stores is 35% to 50%.<br /><br />If you're paying 100% markup on ANYTHING then, well, the word SUCKER comes to mind.<br /><br />Please don't speak for Canada as obviously you have no idea what you're talking about.
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