Ask a Lawyer and Get Answers to Your Legal Questions
In november of 2011 I signed up for att uverse high speed internet. The equipment was returned during the 30 day trial period, during which time I was allowed to return it with no charge. ATT is now sending me to collections agencies, which are ruining my credit rating for a fraudulent bill. ATT has admited to having a record of the equipment being returned during the trial period, but refuses to drop the charges. Can I sue them for breach, or for damagingf my credit rating by placing fraudulent charges on my report? After speaking with ATT each time, I was assured that the charges would be dropped.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
Your question was "Can I sue them for breach, or for damagingf my credit rating by placing fraudulent charges on my report?"
The answer is yes.
Since they are the original creditor you cannot sue them under the Fair Credit Reporting Act or the Fair Debt Collection Practices Act but you can still sue them under a breach of contract cause of action as well as a slander/libel cause of action.
A breach of contract lawsuit would also allow you to recover any attorney's fees you have to incur in the lawsuit.
Can you represent me and how do I start the process?
No, we're not allowed to represent people that come to the website. We are only allowed to provide information.
The first step would be to locate an attorney in your area that does either Civil Litigation or Consumer law.
Can you recommend a local firm that could represent me?
You can find them at www.lawyers.com.
They will then send a final demand letter and prepare the lawsuit for filing.
The good part is companies like AT& T are generally pretty easy to beat in a case like this.
You have been very helpful !!
Many times as soon as their lawyer get involved they try to get the case settled.
You're very welcome.
Anything else I can assist with before I exit to help others?
I believe that covers it. THanks again and have a wonderful day.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.
Dewayne B. was extremely helpful. He answered all of my questions quickly and clearly, and in language I could understand without a law degree. He was very thorough in explaining exactly what I could do and even suggested a website where I could find a local attorney to handle the problem I had.Due to my extremely high level of satisfaction and the expert advice I received I will be continuing my subscription with justanswer.com legal advice. I only wish I could put into words exactly how helpful this site and their experts really are. Five stars doesen't even begin to cover it.