Hey Simoncp22, I'll answer your questions; I apperciate the candor and open conversation we can have; it is far more pleasing than having to calm down an irrate customer
The fact of the matter is, for every person who reads the contract, there are probably 2 or 3 who do not. I personally go over every detail of the contract as much as possible, but it is also why I am an above average salesperson (and as a result, I usually take about 20 mins. longer per transaction). There are, however, many people who, as soon as I put the contract down, simply sign it without any regard for its content. These, unfortunately, are often the same people who come back in to complain. My response, and the response of any dealer company, is that there is little I can do at that point, and that direct contact with the provider is all I can refer to. I am a salesperson, and that is all I can do is sell. Just like asking a car salesperson to work on your transmission, I cannot get into the technical, billing or retention issues of the company; I am just a dealer.
As for the hearsay comment, I am afraid that while I oversimplified, that I am indeed correct. While you are correct in that "[m]isprepresentation of the terms in a contract deem those terms void," you will have a very difficult, if not impossible task ahead of you of proving such misrepresentation - you must rely on "s/he said" hearsay as opposed to a written contract, signed and dated numerous times stating your intent; any cell phone company and their very vast team of lawyers can clearly claim "innocent misrepresentation" and not fraudulent representation, which I am of the belief you are referring to, even if the majority of the conditions needed for fraudulent representation have been met. In your specific case, all a judge would have to hear is that you failed to read the contract and that would be that, especially since the system access fee is listed - if it was waived or non-existent, the contract would have to have it ommitted, and if it was crossed out by the sales associate, you would initial it - since it was not, you have acknowledged its existence by signing (and since you signed on with Telus and agreed to pay system access fees, you would have a tough time saying its existence would have influenced your decision through precedence). I have minored in law and my specialization is in Canadian civil law, so I am by no means going on beliefs or on what a company tells me; often I am the one going above and beyond to get the customer more (and believe me, there are always channels to try and make things better for the customer).
This I can attest to. While I have indeed done about 700 of these contracts, there is a lot, and I mean A LOT of information to remember. I work for the Source, and we sell far more than just cell phones (I do not know of your purchasing store's inventory). We sell everything under the sun, from all types of phones to computers, accessories, batteries, gadgets, televisions, mp3 players, cords and fuses and resistors and musical instrucments, and I am expected to know how all 14,000 stocked items function, operate and coincide with each other - for a minimum wage job, it is very technically demanding and specific.
While I remember 100% of the information 99% of the time, there is sometimes information I just forget to say, as it gets lost in the shuffle of the conversation - it is by no means an attempt at fraudulence, but it does indeed happen from time to time, even for the best and most experienced sales people (hence the 'innocent misrepresentation' defence). You have to go over for a cell phone (and these vary depending on provider and location): establishing a need, determining if it works where they need it to, determining whether they have a contract, going over all of the plans (they change monthly and vary by region in the country), going over all of the phones and their functions and differences, getting two proper pieces of identification (this part always stuns me), doing a credit check, establishing all of the costs, going through and activating the phone, getting the contract perused and signed, ringing the sales through on the POS, turning on and setting up the phone. That is A LOT of activity for 20 minutes; try doing a family plan over Christmas rush (I've had someone want me to set up 4 phones in 25 minutes before their kids' play began).
Furthermore, we have to acknowledge that while there is a lot of information for me to give, and it is very, very difficult for the customer to take it all in in such a short amount of time. That is not to say that it makes it right, but it does indeed happen, which is why it is so, so important for
the customer to read out the contract before signing it, for clairty in a time in inundation - checks and balances are what makes the system work. I personally, before the customer signs, and after I have given my spiel, tell the customer "before you sign, just go over it and let me know if there's anything that's unclear to you; you are, after all entering into a contract." Again, that is a personal thing I do, but it is by no means a universal truth among cell phone reps (and let's be honest here, there's always people who are ****ty at their jobs or lie to get ahead, and you will continue to encounter them as you go through life).
Another thing to be honest about; sales associates don't give jack squat about "trying to get your signature and money and rush you out the door." You will pay somewhere in the range of about $1,500 over a 3-year contract for service. A sales associate will see maybe $10-$15 in money from that (before taxes), and that is only if there is a bonus 'spiff' paid out to cell phone activations by the company (companies like Wal-Mart, who are getting into Rogers this year, aren't even paying that out). I can make more money selling a laptop or a even a dozen cordless phone batteries than I will ever make in the same amount of time as a cell phone, with a lot less hassle and annoyance. Forgive me if I don't feel peachy about doing all the work and seeing diddly-squat for it.
To answe another one of your questions, Rogers does indeed train their sales associates with constant and always updating in-class seminars, web courses and mystery shopping checks on all of its employees, however, these do not always guarantee 100% accurracy 100% of the time. Rogers' online activation site that we use even has a "first bill estimate" that we can print off and give to the customer (although it only pops up after the activation is completed). On it you will find a pro-rated month, the next month, an activation fee, the system access fees, any addition charges (long distance, txt msging and data) and any sort of deposit you chose to have added to the bill, as well as any discounts being subtracted. I am honestly unsure if this practice is in use by Fido, and if it is if they provide it to the customer.
As for the need of a sales associate, they are merely there to provide the product and attempt to provide clarification. To companies, they would be more than happy if all orders could be done with only the website and telephone processors as methods of ordering; think of the overhead cost being saved. The role of any good store (and this is straight from my management training handbook) is that "[a] good store should function by itself, without sales associates. Product should be plentiful, available and easy to access and demonstrate, without the use of sales people to meet these goals." This is much in the way that Wal-Mart, or even Future Shop operates (and frankly, it's better if you don't talk to their sales associates).
The thing about retail I have learned is that there is indeed a lot of trust involved. As you said, "[c]an I trust anything you say?" and while I am by no means trying to discourage you, you have to realize that there is a huge amount of trust that goes into every retail operation, and that you partake in it on a daily basis. Every sign, every ad, every package makes claims that you choose to trust, just as every sales associates makes similar claims as well. I speak honestly; if a product is carried by my company sucks, I have no problems telling the customer so. I have heard everything in response, from "I appreciate your honesty" to "That's not very professional, I'm leaving" (the latter always very confusing, as if I should lie or something). It really is up to you to make the final decision; before signing up on anything, I always do as much research as possible - I read reviews (and there's lots from cell providers), check specs and price shop around. I see what my friends and family have and what they like, and I ask the sales associate what s/he uses and trusts, as well as those they work with. Trust is one thing, but it is so much more powerful when combined with good customer savvy and experience; with it, we all can learn and get better.
To finalize my long winded reply, I really am sorry that you had a bad experience. Being in the retail sector myself, being management and seeing (and experiencing) crappy service is not something that I wish upon anyone. Often there is a cycle of roundabout that makes you so furious you give up in frustration. But there is a responsibility to be met on both ends; proper retail experiences come when the salesperson and the customer meet in the middle and they are willing to become an active participant in the transaction; I have always found these customers to be among the most easy to deal with, most satisfied ones out there. They are my repeat, loyal customers who mutual respect and real friendliness derives from. I am glad you are happy with Telus - there are many people who aren't - but in the end, it is your decision, and I am glad you we able to find a provider willing to meet your needs. Hopefully you are willing to give Rogers another chance; I personally find them to be a notch above Fido, even though they are owned by one in the same.
Hopefully this clarified things a bit. I apologize if I came off as snarcky in my previous post; I have just been privvy to far to many customers lying and fabricating beliefs in an attempt to rip off my company. I am apperciative that you are willing to admit you should have read the contract - you are far more dignant than a lot of customers.
Gord (snowles)
P.S. Telus can also lie as well. They are notorious, along with Bell, for saying that their service works everywhere in Canada. Guess where is doesn't work, even though the customer asks them point blank? Thunder Bay, population 125,000, privately owned by TBaytel and whose surrounding area uses an older TDMA technology. Most of the phones are usable, but they are paying long distance for each and every call (incoming and outgoing) because they are outside their home calling area and cannot get a local phone number. Every fall I personally deal with at least 30 of these people who come to Lakehead University or Confederation College from out of town, pissed that their brand new phone is a brand new $1,500 paperweight for eight months of the year.
