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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2107
Experience:  Practicing Attorney with 10 years experience
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Attempting to return a cell phone within their 14-day

Customer Question

Attempting to return a cell phone within their 14-day policy, Verizon/Diamond states verbally that they count day one as the day you walk out the door with your phone and they also I think count the day you are returning as a day also. I do not believe this is the legal definition of 14 days. There is no other definition in the contract other than "within 14 days." So I walked out the door with a phone on September 22nd and I attempted to return it on October 5 and they are telling me I am not within the 14-day period. In my world, I was a day early. Even if they insist on counting September 22nd as day one, I still returned it on day 14, right?
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Asad Rahman replied 6 months ago.

Yes, I absolutely agree with your interpretation. You may simply have to file a claim in small claims court if they continue to resist this. I would sue them for breach of contract and fraud.

Customer: replied 6 months ago.
Can you give me a code section or something I can show them?
Expert:  Asad Rahman replied 6 months ago.
What state are you in?
Customer: replied 6 months ago.
California. But might this fall under federal law due to FCC regulation?
Expert:  Asad Rahman replied 6 months ago.

Yes possibly but there is wide range of definitions of days in legal realms but in your case the judge would apply an industry standard and common sense definition.

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