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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5766
Experience:  20 years experience as a civil trial and appellate lawyer
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I purchased two phones on a "Buy One, Get One Free"

Customer Question

I purchased two phones on a "Buy One, Get One Free" promotion. I signed installment agreements on both phones obligating me to pay monthly installments for 30 months. For the "get one free" phone, I was to receive a credit every month on my bill for the exact amount of monthly installment. After 4 months of not receiving credit, I contacted the company and it took them about 2 months to provide me with a resolution I was comfortable with. A month later, I discovered that someone on the company's end reversed my installments for the two devices and created two new installment agreements that created new contract length terms in order to "correct their error." I have spoken to 3-6 different managers/customer service agents asking to be able to return my two phones if they cannot make the contract terms reflect what I signed in the initial agreement. I also asked for a copy of the new installment plans that were created without my consent however, no one in store or over the phone can provide me with the documentation. They are refusing to allow me to return the phones even though they have terminated the two agreements I signed in-store AND I did not sign the two new agreements that are currently on my account. All the customer service agents/managers have said that the agreements should not have been created without my consent, but they are not giving me the option to return when what I believe they did was illegal. The company has filed several tickets to have the new contracts amended to reflect correct term dates as well as to get me copies of the agreements created without my consent.
What kind of attorney would handle this kind of case? Also, am I bound to these new terms even though my initial agreements have been terminated by the company and I did not sign the new ones.
Submitted: 4 months ago.
Category: Legal
Expert:  Maverick replied 4 months ago.

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Expert:  Maverick replied 4 months ago.

ANSWER:

You could try a consumer law attorney or a business litigation lawyer. You would not be bound to the new agreements or new terms since you never signed them or agreed to those new terms.

As to the agreements that you did sign, you could sue to hold them to the terms of those agreements. Or, since they terminated those without your consent, you could argue that you are now excused from having to hold up your end of the deal. If you go this route, then you just need to go and return the phones and pay the amount that you for use of them until now. If they will not accept the phones or payment, just be sure to document date, time and person to whom you attempted the tender.

This can be resolved by filing a declaratory judgment action and getting a court order that says that under the terms of the agreements and as per the circumstances that followed, you do not owe them any extra money and they are not to report this to the credit bureaus and if they already have to amend their reports to withdraw any negative remarks.

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