Expert: DebiN - 5/6/2011

Question
Hi there.

I recently (by recently I mean 4 weeks ago exact) purchased a Huawei Ascend from a local MetroPCS store here in Tampa, FL.

Before commiting to the purchase of the phone I made sure I was well in the range of there local calling area (and I dont travel so I never worry about roaming) and finally broke down and decided to get this phone.

Now, in all I paid around $220 which included the cell and the first month. Nice little smartphone I though, well that remains to be unseen.

Over the last month I have been in constant battles with MetroPCS and there....well I cant really call them technichans as anyone with an IQ of 30 can tell you to restart your phone, but what ever they are can never answer questions, never fix issues and for god sakes speak proper english. I get frustrated within 2 min of the call because they want to spend the first 2 min thanking me for using there service....gah!

Sorry didnt mean to vent lol let me get to the point.

Long story short, I bought a 3g phone for their 3g network thinking im getting a good connections! WRONG!

Since day one ive had a connection speed (I kid you not) the following (give or take 10-20 pts

Ping, 44ms
Download, 50kbps
Upload, 148kbps

This is an outrage! Where is this supposed 3g network im paying to be on?

I call Metro and all they say is that its the phone, and yet when I take to a local HQ they say the phone is perfect!

Im gonna ask the obvious, !!!WTF!!!

So now im out $220 and got a phone that ive been tempted to walk in to where I bought it and beat them down with the handset, but its illegal to properly kick the crap outta someone that screws you over so...

Things I need to know.

1) Is there a way to speed this up? Or am I just out right screwed?

2) Is there some law that says I have the right to a refund regardless of their policy due to the fact that I was basicly lied too?

3) Can we make it legal to beat the seller with the handset he sold me? lol

Answer
Hi Gregory -

So I wish that I could tell you that there's an easy, simple fix to your problem, but before I answer, I'm sure you probably already know that there isn't, but here goes anyway:

1. There's no way for your to increase your connection speeds. In the area that you are using the phone, your carrier is obviously oversaturated. That's what happens when you offer super low cost to folks. They all join and have to share the bandwidth. Because their prices are so low, they don't have the funds to increase their capacity accordingly and because their prices are so low, people don't really complain too much and they suffer. If they want better, they go to a larger, more reputable carrier and pay more, but they get more for their money.

2. If your carrier has a policy that you have 30 days to try the phone and service and you purchased this less than 30 days ago, you should be able to get your money back. If over 30 days, you won't be able to. I wish that I could say that you were lied to, but unfortuntely, you really weren't (though I know you feel you were). Carriers don't guarantee speeds, unfortunately. There's no policy that says after 30 days if you don't get the speeds you were told or want that you can cancel. If you are under contract, you can cancel anytime, but you pay the penalty. If you aren't under a 2 year contract, then what you are out is the cost of the device. If under a contract, then you pay the early termination penalty and the cost of the phone. The way the carriers are within the law is that they do allow you to get out of contracts, but you just pay the penalty for cancelling early.

3. I think you know the answer to 3, but I agree with you, it's really frustrating.

Personally, I would recommend doing business with one of the 4 major carriers. There's a reason why they are the major carriers and they have the money and personnel to have decent networks.

I certainly hope this helped, though I know I didn't give you the answer you really wanted to hear.