Changed the contract with out my knowledge

[eshahzad]

in texas,my cellular phone company has been southwestern bell since last 5 years, recently they have changed my plan without my knowledge. my orginal plan was $35 with 100 peak minutes and unlimited after 8:00 p.m. weekday and unlimited weekend, now the plan is changed, i never consented to it or knew about it. recently when the phone bill arrived, it was outrageous, i had tried calling the rep numerous times but no call was returned. i talked to the regional manager and he alluded that since the plan was changed last sept. and i have made payments since then, then i have agreed to accept the plan. do i have a case? can making payments constitute an agreement of the new plan?
frustrated in texas

 

[I AM ALWAYS LIABLE]

My response:

Yes. Read your original contract. Somewhere toward the end it says something like, "The terms and conditions of this contract may, at the discretion of the Company, change without further Notice."

Also, when you received your bill, there were pieces of information papers in there. You threw those away without looking at them, or looking very carefully. Those inserts were telling you of the "Plan" changes, and that "your use of the phone" after a certain date constitutes agreement and acceptance of the "Plan changes".

You're on the hook.

IAAL