I'm having a similar issue with Verizon. They raised some of the administrative fees and I used contacted them within the required 60 days to cancel my account without early termination fees. Their CSR's refused to cancel on those grounds. I told them I was terminating the contract on those grounds.
Now their CSR's have been trained to refuse these cancellations and offer a credit for the remainder of the contract. IANAL but I recall from biz school that once you take the steps to terminate a contract any other offer by them is an opportunity to agree to a new contract and I don't have to accept a modification.
At the time that I canceled this was the clause in the agreement.
Our Rights to Make Changes
Your service is subject to our business policies, practices and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.
Now I got a few bills from them and sent a letter disputing the debt and explained why my cancellation is valid without ETF fees. I got a letter back acknowledging my letter with a number to their collections dept asking me to call them. I attempted once but after that I basically ignored it since I am not interested in arguing with CSR people who are just going to quote me from their book.
Now they have a collection agency sending me a demand for payment. I sent them a dispute letter and I informed that I had already disputed the debt with Verizon, I have proof the original letter was received and requested that they not contact me about the debt again and basically the boilerplate about my rights etc.
In addition I highly doubt they have my signature on file for the contract extension on the line they claim I owe a termination fee for.
I'm not looking to counterattack but just to protect myself, but depending on how much they fight over a lousy $125 they have no right to in the first place, I guess we will see.
I seem to have beaten Comcast the last time I had an issue like this. In that case, I couldn't even figure out if I owed the money or not and neither could they since they could not produce the full statement of account from that address. When it came up on my credit report, I disputed it successfully, plus I had a stub from a refund they sent me when the account closed so I had more proof my balance was 0.00 than they had that I owed them.
The most frustrating part of dealing with these companies is that even when you don't owe the money and can prove it or have a legitimate contract dispute, there is no way to get the message through their wall of script reading CSR's and JDB companies.
Technically Verizon owes me a couple bucks since my account would have a positive balance without the ETF. I should be able to put a black mark on their credit report.