Active Communications

Complaint: ***
I am rejecting this response because:Ms*** is still failing to understand that the way that she spoke to me is completely unacceptableIn her response, she claims that she attempted to be helpful, when in reality, she was anything but helpfulIt has absolutely nothing to do with me taking it personally or having "hurt feelings"She insulted me multiple times while speaking to meShe said "You need to listen better!" and "That's what everyone that gets turned into collections says!" Also, she did not offer to help set up payments with the collection agency on my behalfShe rudely suggested that I make payments to the collection agency before hanging up on meShe also fails to understand that it was not the fact that it was turned into collections, but the fact that there was no effort made to contact me or my husband before doing soI believe she has access to both of our phone numbers and could have contacted either of us at any time in regards to this matterBut instead, she chose to assume that the one collection letter that she supposedly sent out to us had been receivedAs far her sparing me embarrassment is concerned, I don't feel that I have anything to be embarrassed aboutI still strongly feel that this matter was handled in an unethical way and was unjustly turned into a collection agencyI would just her to acknowledge that and take responsibility for her behavior and actionsIf she can not do that, then this will not be resolved
Regards,
*** ***

[redacted] 
[redacted]On 11/5/2013, Customer [redacted] purchased a [redacted] at the discounted price of 99.99 + tax...

($105.79). Signed Invoice [redacted]ached.   As per the signed agreement, Active gave Mr. [redacted] a discount of $450.00 on the equipment with the expressed agreement that he keep the service active for 180 days.On 11/29/13, Customer [redacted] purchased a second [redacted], this time a [redacted], on the phone # [redacted] at the discounted price of 199.99 + tax ($211.59). Signed Invoice [redacted]ached. Again as per the signed agreement, Mr. [redacted] agreed to keep the phone active for at least 180 days (6 months) or pay Active back the discounted amount of the device, $450.00.The terms of the Active Communications agreement reads:Two Year Contracts - Additional Discount Reimbursement Equipment Agreement:On two (2) year contract agreements; if you cancel service within the 14 day return period, but do not return the equipment within the return period, Active Communications will charge you an amount equal to the difference between the retail/no commitment price of theequipment and the price you paid for the equipment.  If you cancel service within the first 6 months (180 calendar days) or make changes to your account that causes a change to your contract, including, but not limited to; equipment replacement, servicecancellation, account modifications, change of responsibility, phone number changes, service suspension or non-payment, Active Communications will charge you an amount equal to the difference between the retail/no-commitment price of the equipment and theprice you paid for the equipment. This discounted amount is reflected on the invoice.Collections:If for any reason any amounts due Active Communications require additional collection action or have to be placed with a collection service, I agree to pay a $50 collection fee, plus [redacted]orney fees and interest at the rate of 1.5% per month.Guaranty:I represent that I am legally authorized to sign on behalf of the wireless line account holder, and I agree to be jointly responsible, with the account holder for payment of any sums that become due under this Agreement. I agree you can collect directly from me in additionto the account holder.I understand the Discount Reimbursement Equipment Fee is in addition to [redacted]’s Early Termination Fee and [redacted] cannot waive this Discount Reimbursement Equipment Fee. This additional agreement is with Active Communications and the Discount ReimbursementEquipment Fee is owed directly to Active Communications separate and above any other cancellation fees charged by [redacted].I have reviewed and agree to the rates, terms, and conditions for the wireless products and services described in the Customer Service Summary (including Limitation of Liability and Arbitration provisions) and Active Communication’s Terms and Conditions.Each time the customer signed the agreement and was given a written copy of the invoice/contract.  The customer gave us the address of  [redacted].In early July of 2014, [redacted] notified Active that line [redacted] had canceled 5/17/14, and that this was within 180 days, so it caused a “chargeback” to Active for the full price of the phone. Phones not staying active for at least 180 days do not qualify for equipment discounts. Incidentally, the phone she purchased on 11/5/13 was outside of the 180 days mark and we did not receive a “chargeback” for that device.On 7/11/14, we sent a collection letter to the customer at the [redacted] address provided to us during the activation and purchase of the phone. We did not receive the letter back as non-deliverable, nor did we hear back from the customer regarding the request for payment.In 11/13/2014, after waiting a full 120 days for a response from the customer, we submitted the unpaid invoice for collections to a collection agency.  As per our signed agreement, we added an additional $50 collection fee.  On December 5th the customer [redacted] call the Active Edwards and spoke to [redacted], the store manager. Following are the notes from that interaction  - CUSTOMER [redacted] CALLED TODAY BECAUSE HE WAS SENT TO COLLECTIONS AND WANTS TO KNOW WHY. I EXPLAINED TO HIM THAT HE HAD PURCHASED A PHONE FROM US AND THAT [redacted] NOTIFIED US THAT HE HAD CANCELLED WITH IN 6 MONTHS. I ALSO REMINDED HIM THAT HE HAD SIGNED A CONTRACT WITH US IN WHICH HE AGREED TO PAY BACK THE DISCOUNTED PRICE OF THE PHONE WHICH WAS $450, SHOULD HE CANCEL PRIOR TO 180 DAYS. HE ASKED WHY HE WAS GETTING COLLECTED FOR $500 AND I EXPLAINED I SENT HIM A COLLECTION LETTER IN JULY STATING IF HE DIDN'T RESPOND WITH IN 10 DAYS WE WOULD CHARGE $50 COLLECTION FEE. HE STATED HE NEVER RECEIVED A LETTER FROM US. I CHECKED THE SYSTEM AND IT WAS NOT RETURNED. I GAVE HIM THE ADDRESS WE HAD ON FILE AND HE WASN'T SURE WHY WE HAD THAT ADDRESS ON FILE. HE DOESN'T LIVE THERE. I EXPLAINED IF HE WANTED TO PAY DIRECTLY TO US I COULD SPEAK TO MY BOSS ABOUT IT AND MAYBE TAKE OFF THE $50 COLLECTION FEE. HE SAID HE WAS GOING TO CALL [redacted] AND SEE WHERE THE CONFUSION WAS. I EXPLAINED TO HIM THAT [redacted] WOULD NOT HAVE THIS IN THEIR SYSTEM BECAUSE TO CONTRACT WAS MADE DIRECTLY WITH ACTIVE COMMUNUNICATIONS, AN AUTHORIZED RETAILER, AND THE COLLECTION IS WITH ACTIVE AND NOT [redacted]. HE SAID TO MAKE A NOTE THAT HE WAS GOING TO TAKE CARE OF IT BUT HE WOULD CALL BACK TO LET ME KNOW WHEN.LATER HIS WIFE [redacted] CALLED WANTING TO SPEAK TO ME ABOUT THIS ISSUE BUT I WAS WITH A CUSTOMER, [redacted] ASKED IF SHE COULD HELP AND SHE SAID SHE WAS GOING TO CALL [redacted].  [redacted] ADVISED TO CALL [redacted] IN EAGLE BUT SHE COULDN'T TAKE DOWN THE NUMBER BECAUSE SHE WAS DRIVING. SHE SAID SHE WOULD LOOK IT UP AND HUNG UP. SHE WAS FAIRLY UPSET, MUCH MORE THAN [redacted].   ISSUE NOT RESOLVEDThe customers wife, [redacted] then called and spoke to me. d I explained the 180 days cut-off that we adhere to. She asked why [redacted] didn’t tell her that she would have to pay for these charges when she cancelled, and I explained that the contract for the discount on the device was separate and in addition to the contract they signed with [redacted], so that is why the [redacted] rep would not have known about the contract they signed with Active.  She explained that the reason that she didn’t get my collection notice was because I sent it to their parent’s home in [redacted], (the address where she was sending her phone bills). However, she said that the parents didn’t forward them the collection letter.   The more I tried to explain the contract to the customer, the more upset she got. I really wanted to help for her and I offered to take the phones back and give her a credit toward the bill for whatever the phones would bring in trade-in value and she didn’t want to trade-in  the phones. I offered to talk to the collection agency about accepting payments, for which she took offense, thinking I was trying to insinuate that she couldn’t pay her bills. I could see that no m[redacted]er how I tried to help her, that it had turned into a point of pride for her and anything less than writing off the debt and letting her keep the phones was not going to satisfy her.  My staff followed all the rules and explained the terms to the customer, not once, but twice. We sent the collection notification to the address the customer provided.  The customer agreed to the terms when they got the phones and signed the agreement.  Our invoice is a valid charge.In the desired settlement the customer indicated she would like an apology and I would be happy to apologize if I hurt her feelings, it was never my intention to do that.  It is evident that the customer is very upset about the incident, and I empathize, no one likes to be turned to a collection agency. The customer has spoken out quite a bit on social media sites, and I have refrained from answering her there and embarrassing her any more by placing a spotlight on the fact that she was turned to a collection agency for a failure to pay a bill.  I fear that she really believes that this dispute is personal, for which I would like to assure her that it is not.  It is a dispute over a signed agreement between two parties, cell phone contracts can confusing for some, and that is why we require a signed agreements in the first place.  [redacted]Active Communications – [redacted] Authorized RetailerDillon-Edwards-Eagle-Glenwood Springs-Aspen[redacted]achments Preview [redacted]achment SaleInvoiceEDWARIN28230.pdfPDFSaleInvoiceEDWARIN28230.pdfPreview [redacted]achment SaleInvoiceEDWARIN27767.pdfPDFSaleInvoiceEDWARIN27767.pdfPreview [redacted]achment [redacted]7 11 14.docWord[redacted]7 11 14.doc Click here to Reply or Forward