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Question

can i sue tmobile for unauthorized withdrawals from my account after i canceled my service because they sent me the wrong activation kit?

Submitted: 123 days and 5 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Posted by bizlaw 123 days and 5 hours ago.

Info Request

Have you gotten the improper amounts back from T-mobile? Are they disputing your claim?

123 days and 4 hours ago.

Reply

This is what happened: i bought a prepaid phone with prepaid service from them online. They charged my credit card & set me up for recurring monthly payments. But when they sent me the package, they made a mistake and included a different SIM card with my phone. I live in MN and was given a MN phone nber when i ordered. They instead sent me a Kit with NY nber . I called them 3 three times and each time they told me it was gonna take 24h to reverse the nbers. Never happened. I finally asked them to cancel the service and refund the 1st prepaid service month and we agreed to that.To my surprise, not only did i not get a refund, they withdrew from my account the following month. I was pissed and went to Tmobile store to have them resolve the mis-hap once and for all. They even gave me a print out of the record that clearly showed that i canceled. The following month, they withdrew from account again! Do i have a case here?

Posted by bizlaw 123 days and 4 hours ago.

Answer

Yes but one for which there will not be much recovery other than getting your money back and covering expenses you incurred as a result of their actions. You should cancel the payment authorization on your cell phone.   If you do not get the funds they improperly took from your account, you can file a small claims case.

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

123 days and 4 hours ago.

Reply

Does this case qualify for punitive damages?

Accepted Answer

Unfortunately not. This is a large bureacracy that has screwed up. It is not at the level of egregious conduct that would justify punitive damages. It is one of life's pains in the A__ for which no compensation is recoverable.

If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Expert: bizlaw
Pos. Feedback: 99.0 %
Accepts: 
Answered: 7/22/2009

Attorney

30 years experience corporate, litigation, international

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