charged for BIS when I have a samsung

I just received my invoice via email, normally i don't check it but was horrfied by what i saw, I did my upgrade on the 5th of August and got a Samsung. Before I had the SamsungI had a blackberry. I check on the invoice that I am still being charged for BIS and when I phone them they tell me at customer service that I was supposed to request them to deactivate the BIS... is it not common sense to take the BIS off when you upgrade to a Samsung I mean seriously?. I will not be paying for a service im not even using! What are my rights in this regard?