How Military Members Can Get Out of Cell Phone Contracts

If you are like me, you probably don’t like being stuck in a cell phone contract. Unfortunately, canceling your cell phone contract often comes with an early termination fee that can run as high as $200!

The good news is there are ways to get out of your contract without paying any fees. If you are a military member, there are a few extra clauses that allow you to cancel your cell phone contract without paying any early termination fees.

Cancel Your Cell Phone Contract When You PCS

how military members can break cell phone contracts

Need to get our of your cell phone contract?

One way to cancel your cell phone contract without early termination fees is when you PCS. You won’t be able to do this every time, but you should be able to cancel your contract if you PCS to a location where your current cell phone provider doesn’t have service, or if you PCS overseas. Be sure to show the cell phone provider a copy of your military ID card and a copy of your orders.

I’ve read about some cell phone providers trying to force military members to continue paying their contracts even when the PCS overseas, but you should insist that they allow you out of the contract.

Cancel Your Cell Phone Contract When You Deploy

Deployments are not always a guaranteed way to get out of your cell phone contract without paying early termination fees, but you may be able to do it. Be sure to take a copy of your military ID and orders with you, or you may be able to fax in a copy.





Your best bet to be able to cancel your contract is when your deployment is for longer than 6 months. If the cell phone provider will not cancel your contract for you, they will probably allow you to place your line on vacation status, which places your contract on hold until you return. You will be able to keep your phone number and will still remain on contract when you return from overseas.

Sell or Transfer Your Cell Phone Contract

If canceling your contract doesn’t work, you may be able to sell or transfer your cell phone contract and avoid early termination fees. You may be able to find a friend or relative willing to take over your contract. All you need to do is call the cell phone provider and do an assumption of liability transfer, which legally transfers your contract to another person – that way you won’t get stuck holding the bill.

If you need help finding someone interested in taking over your contract, you can try posting your phone on Craig’s List, or using a free service like Trade My Cellular, who will match you up with people around the US. You can also try Cell Swapper and Cell Trade USA which provide a similar service for a $20 fee, but seem to have more options.

Servicemembers Civil Relief Act

Another possible way out of your contract is through protections provided by the Servicemembers Civil Relief Act, which gives military members certain legal protections based on the military service. Please me be sure to read more about this act and the benefits it provides before taking action on it. The SCRA won’t apply to every situation.

You have enough to worry about when you serve our country. Hopefully your cell phone contract isn’t one of them.

Photo credit: thinkpanama




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Date published: June 20, 2008. Last updated: November 30, 2012.

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Ryan Guina is the founder and editor of this site. He is a writer, small business owner, and entrepreneur. He served over 6 years in the USAF and also writes about money management, small business, and career topics at Cash Money Life. You can also see his profile on Google

Comments

  1. When I went on deployment, I had a Verizon cell phone and a Sprint data card. Since I was only going for 6 months, I called them both and asked to put my accounts on hold. When I returned, I found that Sprint had continued to charge me during the entire time I was gone. I called and asked what happened, and they said that the “hold” only prevented people from using my line, it didn’t stop any payments. I was quite displeased. Now I stick solely with Verizon.

  2. We are currently going through this battle with AT and T wireless. My family PCSed to Germany in May and here it is JUly and they are still claiming that my contract is not terminated. THis after AT and T never gave us the 19 percent miitary discount we were promised (which was the only reason I switched providers) and after they started two lines for me instead of one when I first signed up for service.
    The state of cellular phone service in the US is utterly disgraceful.

  3. Justme,

    I’m sorry to hear about your issues with AT&T. It really is unfortunate because they shouldn’t hold you to a contract when you are not physically in the country. Have you considered going to your base legal office for assistance? They may be able to help. Telling AT&T you will contact the Better Business Bureau may also help.

    Another idea is to tell your story to The Consumerist. They may print it which would bring a lot of bad press to AT&T (which they always want to avoid).

    I wish you the best in getting the situation resolved.

  4. Get out of your cellular contract when you deploy by educating yourself. This is law as of 10/10/2008.

    Text of S. 3023 [110th]: Veterans’ Benefits Improvement Act of 2008
    Oct 10, 2008: Became Public Law No: 110-389

    SEC. 805. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE FOR CERTAIN SERVICEMEMBERS.

    (a) In General- Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 305 the following new section:

    SEC. 305A. TERMINATION OR SUSPENSION OF CONTRACTS FOR CELLULAR TELEPHONE SERVICE.

    (a) In General- A servicemember who receives orders to deploy outside of the continental United States for not less than 90 days or for a permanent change of duty station within the United States may request the termination or suspension of any contract for cellular telephone service entered into by the servicemember before the date of the commencement of such deployment or permanent change if the servicemember’s ability to satisfy the contract or to utilize the service will be materially affected by such deployment or permanent change. The request shall include a copy of the servicemember’s military orders.

    (b) Relief- Upon receiving the request of a servicemember under subsection (a), the cellular telephone service contractor concerned shall–
    (1) grant the requested relief without imposition of an early termination fee for termination of the contract or a reactivation fee for suspension of the contract; or
    (2) in the case that such servicemember is deployed outside the continental United States as described in subsection (a), permit the servicemember to suspend the contract at no charge until the end of the deployment without requiring, whether as a condition of suspension or otherwise, that the contract be extended.

    (c) Cellular Telephone Service Defined- In this section, the term ‘cellular telephone service’ has the meaning given the term ‘commercial mobile service’ in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).

    (b) Clerical Amendment- The table of contents for that Act is amended by inserting after the item relating to section 305 the following new item:

    Sec. 305A. Termination or suspension of contracts for cellular telephone service.

  5. Elizabeth says:

    “(2) in the case that such servicemember is deployed outside the continental United States as described in subsection (a), permit the servicemember to suspend the contract at no charge until the end of the deployment without requiring, whether as a condition of suspension or otherwise, that the contract be extended.”

    An explanation of the previous anyone? It says that “without requiring, whether as a condition of suspension or otherwise, that the contract be extended.” AT&T is saying that they will put it in a ‘military suspension’ for my 3 year tour in Belgium, but when I get back to the states, I’m obligated to maintain their company for the 6 months left on my contract right now. This seems asinine and against what was previously stated as a part of public law 110-389…

    • Elizabeth, Try contacting their customer service department, getting a name and employee number of the person you talk to, and repeat the process while working your way higher up the chain. 3 years is unacceptable for something like this. You may also consider contacting your base legal office for more assistance.

    • That’s because they only suspended the contract. With a suspension, you will still have to pay the remainder of the contract when the suspension expires. So if you have 6 months remaining on your contract, you will owe for those six months. What the law says is that the provider can’t add any additional time to the 6 months already on the contract. If you don’t want to owe anything, you need to terminate the contract.

  6. Not only do you have the law but also their website says:

    Military Personnel Can Suspend Their Accounts
    Military customers simply bring or send in a copy of their Military Orders. AT&T will hold the account and wireless number in suspended status so the customer can keep the same wireless number upon their return.

    Military Cancellations
    Military customers simply bring or send in a copy of the transfer documentation or deployment orders. AT&T will waive all early termination fees for those customers called to active duty and/or re-deployed to a non-AT&T service area. Service must be active for over 30 days to be eligible for a Military Cancellation.

    Military personnel interested in this program should call 1-800-331-0500 or visit their local AT&T retail store.

    Since youe are overseas, and cant receive service. You can cancel.

  7. We PCS’d from Okinawa Japan 9/2009 the week prior I went into the store to give notice I will be canceling acct. but was told to come back when I want phone off. The day before leaving island I went into store to cancel acct. We left island at and in route I checked to see if my phone was cancelled it was still active. During lay over I contacted Docomo to cancel the phone I was told i had to come into store.

    Now its April 2010, the acct is not cancelled. I still fight with them. I have turned in everything they requested. Only problem I no longer have our passports so they won’t cancel it. I also had friends in okinawa try to get this acct cancelled. Nothing is working. I will NEVER use docomo ever again..

  8. You should not copy your military id. It is again AR 600-18. There are other ways to verify you are on AD.

  9. J., Am I missing something? AR 600-18 appears to be the Equal Opportunity in Off-Post Housing reg for the Army.

    In the spirit of the previous comment, it is possible to get a letter from the orderly room or other personnel office that proves active duty status. This must be planned in advance, because it isn’t something most people carry around with them.

  10. My father took out a cellular contract with at&t for me, and now I am currently deployed with the navy on a ship. I have no access to a telephone. How can I cancel the contract with it being in his name without paying the ETF? I usually make the payments, and I’m an authorized user. Should I transfer the account to my name and then immediately cancel it? No one is using the phones, and I need to get rid of them ASAP, im paying money out of my pocket I don’t have for 4 lines that are not used! If you can help me

    • I don’t have a good answer for you, since the lines aren’t in your name. You may be able to first transfer them in your name, but I don’t know if you would be able to cancel them directly after transferring it to your name.

      Right now I would try to put the phone on a vacation plan, and ask them to pause the plan until you get back. A copy of your orders may be required to do this, and you may first have to place the plan in your name.

      Best of luck, and thanks for your service.

  11. My son is in the USAF currently on a 6 month TDY in the Middle East. Prior to leaving the USA , we arranged with AT&T to suspended his wireless service for the duration of his deployment. A copy of his orders was faxed and received by AT&T. He arrived in the beginning of April 2012 to his TDY base in the Middle East. Initially, AT&T failed to suspend his wireless phone line, which they later corrected by adjusting the account billing. However, instead of suspending the line AT&T canceled it, and in June issued my sons phone number to someone else. That person has now been sending out text messages to people that my son has on his contact list, and their caller ID is showing the sender to be my son.
    Once we became aware of the problem, I immediately contacted AT&T. Their response has been terrible. While acknowledging that AT&T had made the mistakes of cancelling instead of suspending the number and of assigning the number to a new customer, they claimed there was nothing they could do. One manager went so far as to tell me that AT&T did not have any departments in the entire company that could handle such a problem. I have been dealing with several AT&T call centers and finally , had to look on the web to find the number for the “Office of the President” of AT&T Wireless , since not one of the call centers had the phone number or any way to find it for the corporate offices of AT&T. While the solution to the problems caused by AT&T seems simple ( turn off my sons number, issue a new number to this unknown customer, provide documentation of the issue to avoid problems with USAF officers who may have received text messages believed to be from my son, and upon his return the USA, return the number that my son has had for over five years ), they claim they can not contact customers and therefore will not offer a new number to this unknown customer, will not be able to give my son his number back, and they have absolutely no idea how many other servicemen and servicewomen AT&T has done this to in the past, currently, and has no solution to it occurring in the future. Nor do they notify anyone that AT&T has created this problem until those overseas receive other forms of communication complaining of rude text messages sent to family or friends, messages and/or passwords being sent by banks to numbers they believe are secure and active, etc. It appears that AT&T at first was giving me the run around and now is dragging it’s feet, with the only promise being they will issue my son a completely new number when he returns.
    There has to be a simple way to prevent my sons identity from being compromised as a result of AT&T mistakes and their inability to correct them. He can not handle these matters from where he is currently stationed, nor should he have to. I am willing to for my son, but AT&T should have handled it without making things worse.

  12. I have my phone on a military hold with sprint. When I turn it back on, will I still have my old voicemails? Also, will I still be able to receive texts and voicemails that were sent to my phone while it was on the hold?

    • Erin, if your old voicemails are stored on your phone, and your phone doesn’t automatically delete them after a certain time frame, then your voicemails should be there. I don’t know what will happen to your old voicemails if they are stored in Sprint’s system. I also don’t know about new text messages and voicemails you would have received while your phone was on military hold. You will need to contact Sprint to get that info.

      Best of luck, and thanks for your service!

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