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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My cable company recently sent a letter offering a bundling

Resolved Question:

My cable company recently sent a letter offering a bundling agreement to bundle tv cable and internet services for a reduced price of $89.95 for a 12 month period. I called and verbally agreed to their bundle. Then they mailed a contract for me to sign which states the actual price is $90.85 but those who sign additional forms allowing them to automatically deduct their monthly billing from a credit card or bank account can get their stated price of $89.95.

I realize that the additional $1 a month is a fairly insignificant amount to me personally, and there really is no alternative since other utility in the area can provide the same services. However, their tactic of hiding fees seems suspicious to me and could potentially add up to significant income for them since others probably just sign the contract and mail it back.

Is there a legal avenue to pursue or should I simply sign the contract and follow the flock with my $1 a month additional payment and let the company make a few million extra dollars year?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

The fact that the price offered was only offered under specific terms and conditions (i.e., with enrollment in an automatic payment deduction program) does not violate any statutory regulations regarding deceptive trade practices in Arkansas. Disclosure of fees in the contract is all that is legally required by law, as long as the offer to get you to the contract is not deceptive in nature.

However, it seems you believe that the offer was deceptive in nature. Can you explain a bit more why you believe this to be the case?

Customer: replied 1 year ago.

I feel that the offer to get me to the contract was deceptive in nature because the price offered, both written and verbal, was not the price in the contract. Neither their written offer, nor the verbal discussion with their representative indicated that the price was different than what was stated in the contract.


 


They have offered discounts for automatic payments in the past, but have never indicated an additional fee.


 


The company already offers electronic statements and online payments, so there are no mailing costs required for them for those who do not elect the automatic pay options.

Expert:  Zachary replied 1 year ago.
I take your point.

Because we are only talking about a single dollar in difference here, you really only have two options as far as legal remedies. The first would be to contact a "class action" attorney in your state and see if you could become the class representative in a class action for all the people in the state that have been falsely advertised to. The second option would be to contact the State Attorney General and file a complaint at: http://gotyourbackarkansas.org/complaints/file-a-complaint-with-us/

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

Thank you for your prompt responses. I will rate your answers positively so you will receive compensation for your work. It was worth every penny to learn how contracts work in my state and that deception is allowed under the law as long as there is no legal basis to prove deception.

Expert:  Zachary replied 1 year ago.
Please let me know if there is any other information I can provide you.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience: Lead trial/International commercial attorney licensed 11 yrs
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