# Increased 911 fee courtesy of Rogers



## CuriousReader (Apr 3, 2009)

http://www.theglobeandmail.com/blogs/globe-on-technology/rogers-ups-911-fee/article1498693/

Now the increase is not that much and it looks like it will only hit people who subscribe before Oct '09. It's still annoying the way they increase things bit by bit here and there.

Anyway ... I heard before that there's a way that you can cancel your contract without having to pay penalties if they change your agreement one-sided this way - anybody has reference to this if this is true?


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## high octane (Jul 21, 2009)

CuriousReader said:


> Anyway ... I heard before that there's a way that you can cancel your contract without having to pay penalties if they change your agreement one-sided this way - anybody has reference to this if this is true?


I've heard that as well but it doesn't make sense to me. They probably took a loss to hook you on a contract so I doubt they just let you walk away with a free phone

Their math is clear if you work it out. I chose to buy my smartphone off craigslist and save thousands during the 3 years by only paying for data (voip for voice and push email/txt msg apps) and I can change my plan whenever I want

I pay no 911 fees yet the 911 service will work fine


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## Racer (Feb 3, 2010)

CuriousReader said:


> Anyway ... I heard before that there's a way that you can cancel your contract without having to pay penalties if they change your agreement one-sided this way - anybody has reference to this if this is true?


This is the (often misunderstood) legal principle that variations of contracts must be agreed to by both parties. If party #1 tries to vary the contract and party #2 objects to that attempted variation, but party #1 just goes ahead with their change anyways -- well, then party #1 just breached the original contract, and party #2 is entitled to sue for damages, or in some cases, hold party #1 to the original bargain.

But there are all kinds of limits on how strictly this will be applied. The main limit is that an innocent party may only walk away from a contract if the guilty party's breach is serious or fundamental. 

A good example is an employment contract -- if a company is struggling and has to reduce the pay of its president by 50%, the president is entitled to object and either walk away with severance at his full salary or stay working at his full salary. But if the reduction is only 10%, then he likely won't be successful in court. If there is a rapid series of 10% reductions that cumulatively represent a 50% reduction, that is a fundamental breach.

So bottom line -- clever thought about using the 911 fee increase to escape an early cancellation fee, but it likely won't fly in court. Then again, if someone told this to Rogers and indicated that Rogers would have to sue them in small claim court for payment of the fee... well, that approach may or may not work for reasons that are not strictly legal. Your guess is as good as mine.


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