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Infolawyer, Lawyer
Category: Consumer Protection Law
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Experience:  Licensed attorney helping individuals and businesses.
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I recently paid $99 and signed a 2 year contract with a cell

Resolved Question:

I recently paid $99 and signed a 2 year contract with a cell carrier and received a nice phone. A phone that stopped working so I sent it back and received another, that one also stopped working. Now I am on my 3rd phone and back to square one. A month later I receive an email stating that the second phone had cosmetic damage, un related to the malfunctions, and due to that the phone will not covered by the manufacturer and that I will be charged a fee of $300 for the phone.
When I stated that if I had to pay that fee I would want the phone back and when I asked they said NO!

I s it legal for them to charge me for a product and then not let me have it?

I sincerely XXXXX XXXXX for your help.

Alexander
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 12 months ago.

Daniel :

Hello,

Daniel :

They may not charge for it and not permit you to have it

Daniel :

you may lodge a complaint with your card company

Daniel :

you may also lodge a complaint with the BBB and dept of consumer affairsd

Daniel :

another option is small claims court

Daniel :

I wish you the best.

Daniel :

Please let me know if I can clarify anything

Customer:

can you please clarify "they may not charge for it and not permit you to have it"

Customer:

Is it my right as a costumer to ask for something i am paying for?

Daniel :

You were told you would get a certain phone at certain price

Daniel :

they breached that promise

Daniel :

that amounts to a breach of contract and misrepresentation

Daniel :

they may not impose fees that you never agreed to

Daniel :

or fail to provide the product both sides negotiated for delivery

Daniel :

You as a consumer are 100% entitled to demand and receive what you paid for!

Daniel :

I wish you the best.

Customer:

I understand. Thank you.

Daniel :

very welcome

Daniel :

Kindly rate the answer as excellent

Infolawyer, Lawyer
Satisfied Customers: 50618
Experience: Licensed attorney helping individuals and businesses.
Infolawyer and 8 other Consumer Protection Law Specialists are ready to help you

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