GEN MOBILE AFFORDABLE CONNECTIVITY PROGRAM (ACP) TERMS & CONDITIONS

Version May 2022


Please carefully read these Affordable Connectivity Program (“ACP”) terms and conditions (“ACP Terms & Conditions”) and Gen Mobile’s (a) Terms & Conditions, (b) Consumer Policies, (c) Gen Care App End User License Agreement; (d) the Auto Pay Authorization, (e) the ILD Consumer Agreement, (f) the Global Unlimited Text Messaging, (g) the Rate Plan, and (h) Gen Mobile’s rules and policies as made available to you from time to time, which may apply to you when purchasing or using our products and/or services regarding your ACP benefit provided by Gen Mobile.  These ACP Terms & Conditions may be amended or updated at any time and from time to time in Gen Mobile’s sole and absolute discretion (effective immediately upon posting).


When we say “we”, “us”, “our” or “Gen Mobile”, we mean DISH Wireless L.L.C. and when we say “you”, “your”, “customer” and “user”, we mean a Gen Mobile account holder or anyone who uses our Devices or Services, including, without limitation, all beneficiaries hereof.


The ACP is a long-term broadband subsidy federal government program available to eligible households and replaces the Emergency Broadband Benefit Program. You may be eligible for ACP based on your income or other qualifying criteria. ACP is a $30 discount which can be applied to any of Gen Mobile's phone plans or connected device plans. You can receive free service if you choose Gen Mobile’s $30 phone plan that includes unlimited talk & text and 7GB LTE data or Gen Mobile’s $30 connected device plan that includes 7GB LTE data (the data offering for both plans is standard data + bonus data for Gen Mobile ACP customers). When available, you may choose a plan that costs more for which you will have to pay the difference between the higher-cost plan and the $30 discount. Click here to see Gen Mobile’s current Rate Plans.  Each plan has a 30-day cycle. Plans require a mobile device (i.e. phone, tablet, or hotspot) compatible with Gen Mobile’s network. You may bring your own mobile device. Gen Mobile may offer you a free mobile phone, an upgraded phone, and/or a discounted tablet, subject to availability. ACP does not provide or subsidize phones. To receive a one-time discounted connected device (i.e., tablet) under ACP, you must be from an eligible household and will have to pay a minimum of $10.01 and a maximum of $49.99 for the connected device and that, to the best of your knowledge, no one in your household has received a connected device discount from any service provider through the ACP or the EBB program.  You understand that you do not need to purchase any device from Gen Mobile in order to enroll in the ACP and receive the ACP benefit. This offer is not combinable with other offers. One monthly discount for your ACP-supported service per household. ACP participants may not transfer their discount to another. Gen Mobile reserves the right to disconnect any service due to 30-days of non-use or other disqualifying terms as provided in the ACP.  Gen Mobile reserves the right to disconnect your ACP-supported service after 90 consecutive days of nonpayment.  You will be subject to Gen Mobile’s undiscounted rates and Terms & Conditions if the ACP ends, if you transfer your ACP benefit to another provider but continue to receive service from your current provider, or upon de-enrollment from the ACP.  Gen Mobile ACP offerings are subject to network availability and device compatibility and are protected against inappropriate upselling.  You agree that any state, local, Tribal government, school, or school district, may share information about your receipt of benefits that would establish eligibility for the ACP, and that such information will be used only to determine your ACP eligibility.  If you are seeking to qualify for ACP benefits as an eligible resident of Tribal lands, you certify that you live on Tribal lands, as defined in FCC rule 47 C.F.R. 54.400(e).

 

If you are currently receiving your ACP benefit from another service provider, by enrolling in Gen Mobile’s ACP, you are affirmatively consenting to transfer your ACP benefit to Gen Mobile and that the transfer of your ACP benefit will be applied to Gen Mobile’s service and will no longer be applied to service retained from the other service provider, that you may be subject to the other service provider’s undiscounted rates as a result of the transfer if you elect to maintain service from the other service provider, and that you are limited to one ACP-transfer transaction per service month with limited exceptions to reverse an improper transfer or address situations impacting your receipt of the ACP-supported service from a particular provider.

 

You understand that after service activation to maintain your ACP benefit, you must within any 30-day period complete an outbound voice call or data use, receive a voice call from other than Gen Mobile, send a text message, purchase minutes or data from Gen Mobile and add to your service plan, or respond to Gen Mobile confirming that you would like to continue receiving your ACP discount. If you do not, Gen Mobile will send me a notice of non-usage, and you will have 15 days to cure when applicable. If you do not cure your non-usage, Gen Mobile reserves the right to disconnect any service due to nonuse or other disqualifying terms as provided in the ACP (911 and Gen Mobile Customer Care calls will be permitted). Use of Wi-Fi to go online does not count as usage.

 

You authorize Gen Mobile and its third party vendor(s) to consult the National Lifeline Accountability Database (NLAD) and the National Lifeline Eligibility Verifier (National Verifier) to determine your eligibility for ACP, if you have previously received a “connected device benefit” from another service provider, and if you have an active ACP benefit with another service provider. You authorize and give express consent for Gen Mobile and its third party vendor(s) to contact you to validate your eligibility for, desire to participate in, or subscription to Gen Mobile’s ACP offers and other products and services via email, telephone, or text messaging, including calls using an automated telephone dialing system, manually, or with pre-recorded/artificial voice messages. Text messaging and data rates may apply. Consent for emails, calls and texts is optional and can be revoked at any time by dialing 611 from your Gen Mobile provided wireless number or by calling 1-833-528-1380 and revoking consent. However, you understand that opting out will not affect Gen Mobile’s ability to contact you with notices and messages regarding ACP and connected device benefits and/or any other service or product via the methods listed herein. For more information see our Terms & Conditions and Privacy Policy at www.genmobile.com. You acknowledge that you are providing the information you have included in your ACP enrollment application to Gen Mobile and its third party vendor(s) and further authorize them to receive and use your information for enrollment verification and waste, fraud, and abuse mitigation purposes. You also authorize Gen Mobile and its third party vendor(s) to receive and use your historic EBB and ACP enrollment information for verification and waste, fraud, and abuse mitigation purposes.  You authorize Gen Mobile and its third party vendor(s), for the purpose of applying for, determining eligibility, enrolling in and seeking reimbursement of ACP and connected device benefits, to collect, use, share, and retain your personal information, including but not limited to, information required for the purpose of establishing eligibility for and enrolling in the ACP, and including, but not limited to, full name, full residential address, date of birth, last four digits of social security number, telephone number, eligibility criteria and status, the date on which the ACP service discount was initiated, and, if applicable, terminated, usage status, and other compliance requirements, the amount of support being sought for the service, and information necessary to establish identity and verifiable address. This information may be shared with Universal Service Administrative Company (“USAC”) to ensure proper administration of the ACP.  Failure to provide consent will result in me being denied ACP and/or connected device benefits.

 

You understand that you may file a complaint regarding your ACP benefit via the FCC’s Consumer Complaint Center. You will notify Gen Mobile by calling 1-855-GEN4ACP (1-855-436-4227) if you no longer qualify for the ACP benefit or any of the federal assistance programs identified in your application form or when your annual household income is above 200% of the Federal Poverty Guidelines (the amount listed in the Federal Poverty Guidelines table listed in the National Verifier Application) or any change of address (within thirty (30) days).  You know that knowingly or willingly giving false or fraudulent information to receive the ACP benefit is punishable by law and can result in prosecution, fines, jail time, de-enrollment, and/or being barred from the program.

 

By enrolling in Gen Mobile’s ACP, you certify, under penalty of perjury, that the information included in the application and certifications is true and correct to the best of your knowledge.

You understand that you may withdraw your consent prior to the activation of your service and may obtain a paper copy of your contractual terms and associated fees or withdraw this consent by calling this form by contacting 1-855-GEN4ACP (855-436-4227).