stolen cell phone

[jano1]

What is the name of your state?What is the name of your state? Texas

My daughter is studying abroad in Spain. She purchased a cell phone in Spain but the company, Piccell, is located in Seattle, Washington. Her cell phone was stolen and she reported it stolen approximatley 4 hours later. Is she responsbile for the $600 in calls the thief made?

 

[shortbus]

The laws of consumer liability will be dictated by the place of purchase & location of the theft, not the location of the company who made the cell phone.

 

[jano1]

She purchased the cell phone after she arrived in Spain, and it was stolen in Spain. The compnay that supplies the cell phone and service is a US company that caters to students and travelers abroad. The business is located in Seattle, Washington.

The company has my child's debit card # so I told her to call the bank and block any draft they may attempt on her account. When she purchased the cell phone and service they reguired a card number for billing purposes. I called The Piccell Wireless Company in Washington and paid the charges that were legitimately my daughters with my credit card. My husband says now they have 2 cards they can try to get the money from.

Thank you for any advice you can give.

jano1

 

[JETX]

Is she responsbile for the $600 in calls the thief made?

Likely that she is liable for the phone use.
However, what EXACTLY does the cell phone agreement say as to unauthorized use and liability for payment??

 

[jano1]

She signed a contract that was written in English but was not given a copy of it. Should I call the company and have them fax me a copy of the contract?

 

[JETX]

She signed a contract that was written in English but was not given a copy of it.

Signing a contract and not getting a copy!!! Sounds like a prime candidate for a 'life lesson learned'.

Should I call the company and have them fax me a copy of the contract?

That sounds reasonable. And be sure to get the one with HER signature on it.

 

[jano1]

JETX

I know - I can't believe she didn't get a copy either!!!! I will call and see if I can get a signed copy. I think it will boil down to her being responsible for those call made before she reported it stolen. Her phone was still activated for several hours after she reported it stolen, but Piccell is going to take those charges off.

Thanks for answering.

jano

 

[jano1]

I contacted Piccell Wirleless and requested a copy of the contract. They faxed me a general user agreeement with no signatures. I recontacted them via email and told them I needed a copy of the contract signed by my daughter. If they do not produce it is my daughter responsible for the calls made by the thief? I might add that I am dealing with the office in the US and my daughter dealt with an office in Valencia, Spain.

Thank you,

Jano