Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. One moment as I review the remainder of your question.
I'm glad to hear you have confirmation emails. Can I get the amount involved, approximately?
Hello. Let me calculate really quickly....
which is $50 a month I've been paying for the additional line that was added, taxes for that line and fees associated with the line. Also, there are upgrade fees that were charged when the dealer allowed an authorized upgrade for another person on my account.
OK. So there are a few options. The first is to send them a formal demand letter stating you will initiate a small claims proceeding if they don't issue a refund by X date (generally 10 days). Any copies of emails acknowledging their intent to refund should be attached. If they don't respond favorably, then you would need to file in small claims. Another option is to file a complaint with either (or both) the FCC and the attorney general. They will then notify the carrier of the complaint. Generally elevating it to this level results in action from the carrier, as if there are enough complaints they can be shut down. It is considered fraud to allow a charge that is not authorized by the consumer, so I would expect the carrier to respond quickly once they realize that you will no longer wait for an undetermined amount of time.
Here's the link to the FCC complaint that applies to these types of situations: http://www.fcc.gov/complaints
Do I need to do anything special with the demand letter or just make sure it is formal?
You basically want it to state your position along with a proposed remedy (ie pay me by __ date). And sent certified mail, return receipt requested. I can get you a copy of a demand letter but it is for defective services/products, but you can use it as a model. Just a moment please.
That would be great. Thank you.
You are welcome!
Thank you so much!
Glad to have helped. Hope the letter is sufficient and you don't have to escalate it. Take care!
Thanks again. Take Care