cell phone service agreement

[Paul Kolo]

I signed a 1yr service agreement. The fine print on back states that I MAY cancel the agreement 30 days prior to end of agreement, but does not state that service auomatically continues beyond the year. Am I liiable for all charges after the 1 year is up(which has already passed). Kind of confusing and complicated? Thanks for any advice.

 

[lawrat]

All such service agreements AUTOMATICALLY RENEW OR CONTINUE UNTIL SUCH TIME YOU CHOOSE TO CANCEL. You are liable but a good and legal argument I always use if they try to charge me for items/calls/etc is "deceptive billing practice".

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[Paul Kolo]

Thanks lawrat

Lawrat, thanks for the info. Some additional info. I read the fine print, and nowhere does it say "automatically ...". Is it just implied? We let our son use phone for emergencies in early Dec. 2000 thinking contract up after 1yr(12-22). When we recieved next bill?!!!! I called to cut off service. They told me I couln't because I had 2yr deal and that would break it resulting in penalty of $175,which we didn't have. I couldn't find my copy of agreement until last week. Sure enough, 1yr box checked off. I've already agreed, with a cus ser rep to split into 2 monthly payments of remaining balance, but hey told me if I didn't pay all remaining $230 they would cancel service (which I've tried to do over phone for past 5 months!), resulting in the penalty(would I still be liable for this?). Sorry for length of reply. Thanks again.

 

[lawrat]

Your answer seems a bit confusing but here is how you get out of this one: I checked off a one year box -- none of your reps or any language in the agreements states it renews for another year. Hence, all cancellation fees are null and void. I tried repeatedly to cancel, in good faith, and your company refused in bad faith. I will report you to the better business bureau (and do this) regardless of what happens to my account. They will cancel your contract and by reporting this, you may be helping others. Also, file with the FTC.

____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[Paul Kolo]

Thanks again lawrat,
I'll call them back later today. Also, what should I do about the last $230 left that was compiled after the one year was up. The total after the 1 yr was almost $400, and this is what is left. I was going to pay it in 2 more $115 chunks, but they just sent a bill wanting all of the remaining $230 in 1 payment.
Thanks again for all the information.