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Cell Phone Purchase dispute

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sundude

Junior Member
What is the name of your state? California

I purchased a cell phone from ATT Wireless and asked them to ship it to an address different from my billing address. They goofed it up and shipped it to my billing address. Since I was away, fedex could not deliver it and return the package.

When I came back, I called them and told them that they shipped it to the wrong address. I wanted the phone and so I asked them to ship it again. They asked me to place a new order and they said they would refund the money for the first order at the end of the current billing cycle. So I ordered again, got charged again and got the phone.

But when the billing cycle ended, I did not get any refund. I called them up again and they now say that they cannot trace the package and they would not refund me the money until it can be traced. Basically, they are saying I have to pay for their mistakes. I told them time and again that it is their mistake to send it to the wrong address but they don't even bother to verify it and ask me for the tracking number of the shipment. They say that they cannot access that information.

what should I do? I would like to sue them but I want to know what my chances of winning are. Also I would greatly appreciate if you can let me know of the expenses involved, what pains one has to go through with it etc so that I can make a decision whether it is worth it or not.

One important point is that I can prove that they got their shipment back but either they are so sloppy that they cannot trace this package information from their systems themselves or they just don't want to give my money back.

Any help in this regard is greatly appreciated.
 


divgradcurl

Senior Member
One important point is that I can prove that they got their shipment back but either they are so sloppy that they cannot trace this package information from their systems themselves or they just don't want to give my money back.
If you have proof that they received the package, file a suit in small claims court and see what happens.
 
S

seniorjudge

Guest
"Any help in this regard is greatly appreciated."

Cell phone service, being two-way radio, is regulated by the Federal Communications Commission.

Go here and look for an online form you can use to file a complaint.

http://www.fcc.gov/
 

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