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Legalease
Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14500
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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We have recently changed tv providers. While in the process

Resolved Question:

We have recently changed tv providers. While in the process of purchasing the new service we were told about a promotion in which we could pay the second year fee now and receive "a brand new iPad computer." I asked about the price of the IPad and was told it costs around $600.00 dollars. I agreed as the computed increase in yearly price was less than $600 dollars and I needed a computer that I could use when visiting my 93 year old mother who had no Internet. My brother and sister both had iPads and were able to get cellular hookup for the Internet on them. when I received the iPad it was discovered that it did not have cellular capability. I notified the new tv service provider. I was told they had no control over the iPad and again said these iPads probably were worth about $600 dollars. I called Apple and was told that the iPads that do not have cellular capable hardware can in no way be updated they cost about $300 dollars if they only have WiFi capability. Is there anyway we can get out of the contract with this tv service?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Legalease replied 10 months ago.

Hello there.

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My suggestion is to file a complaint with the Federal Communications Commission against them for unfair and deceptive advertising. Here is a link to the FCC site where you can link through to file a complaint -- http://www.fcc.gov/ The difficulty here is that even if you have a log of a date and time where you asked them if the Ipad had cellular capability BEFORE you purchased the services, they are going to deny that you ever made that inquiry and there is no real way to expose them for the liars that they are. However, in addition to filing a complaint with the FCC, you should also file a complaint with the Colorado Attorney General for consumer deceptions / deceptive advertising and if there is a local address in Colorado for the company, you can take them into small claims court there for up to $5,000. In order to make a small claims court filing, you can get the paperwork from your local county district courthouse (clerk's office) or you can access the forms through the CO Judicial branch website. http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=237 There is also a handbook and instructions on the website. You can bring the claim without using an attorney and get a hearing within a few months on the matter. I typically suggest small claims court when the matter is a few thousand dollars simply because the hourly rate of most attorneys would make hiring one simply too expensive to pursue the matter very far without it costing a small fortune.

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Please let me know if you have further questions.

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MARY

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Customer: replied 10 months ago.

Mary, Thanks for answering the question. I originally asked how much the iPad costs and was told around $600. I have found out that this particular iPad costs around $399 and Apple stopped making these iPads 2 years ago. At this point we really just want to get away from this company but have signed a contract for 2 years. We no longer feel we can trust their services. We will send back the iPad and they have said they would refund us money however the iPad wasd a promotion agreeing to pay a higher cost for monthly services so I don't understand what they mean by a refund and as I said we no longer want to do business with them. The only address I have is a PO box no physical address. Is there a way of getting a physical address? Thanks Betty

Expert:  Legalease replied 10 months ago.

Hello again Betty -

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If you are unable to get a physical address in the state, you can check with the Better Business Bureau locally or try the Attorney General's office in Colorado to see if they have any information on this company to see if there is a local address. Obviously you would want the physical address to take the matter to small claims court if they do not give you the credit that they stated they would give to you or they try to charge you a much higher price for the 2 years service.

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MARY

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Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid nothing unless you press a positive rating below. Doing so will not cost additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you this evening. THANK YOU VERY MUCH !!

Legalease, Lawyer
Satisfied Customers: 14500
Experience: 13 years experience in Consumer Protection law, in particular construction law and auto repo law
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