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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33250
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I recently found out that my wireless carrier suspended my

Customer Question

I recently found out that my wireless carrier suspended my service on 3/2015, for a device I purchased a year ago. However, they continued to take money out of my account for 13 months! I contacted the carrier, they told me they were only allowed to give me 3 months back. Is this legal? I never received any communication indicating This would happen to me. I just don't see this as being fair.
Submitted: 1 year ago.
Category: Business Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Why are they claiming they can only refund 3 months? What reason are they giving?
Customer: replied 1 year ago.
The reason why is because their system wont allow them to go back more than 3 months
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.That's not a valid legal reason for them not to reimburse you. They can claim that so long as you don't have a judgment against them, but if you sue them and win then you are entitled to be reimbursed no matter the length of time.As far is it being legal, it almost certainly isn't a criminal act and there is no specific law against it, but they aren't allowed to keep your money under these facts and it is a breach of contract and possibly a tort known as "conversion" (which is the civil law version of theft) and likely fraud for them to bill you as they did.In short, you can sue them and recover your entire amount plus, if you hire an attorney, then you can recover attorney's fees as well.
Customer: replied 1 year ago.
I am interested in taking legal action. Do you think It is possible that I could be compensated above my recovery amount? Are there any steps that I could take before hiring a lawyer? How much would it cost me to hire a lawyer for a case of this sort?
Expert:  Dwayne B. replied 1 year ago.
While you "hear" about people being awarded punitive damages and damages above their actual damages, it's rare that it actually occurs.As to hiring a lawyer, hire one who does civil litigation and ask them about the actual trial work they've done, not just hearing but actual trials. Be sure that they aren't the kind who claims to do a lot of courtroom work but then won't go to trial no matter what.As to the cost, I can't put a figure on that because it depends on so many factors including the lawyer, the court, the location, the judge, etc. Regardless of the amount you can recover it in the lawsuit though.
Customer: replied 1 year ago.
Thank you for your advice. I am going to fight this, its clearly not a fair process.
Expert:  Dwayne B. replied 1 year ago.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.