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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116716
Experience:  Attorney experienced in commercial litigation.
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Att wireless sold me a piece of equipment that did not work.

Customer Question

Att wireless sold me a piece of equipment that did not work. I asked for s replacement and they refused wanting to charge me for a new one. I refused to pay the fees each month and the cost for a new one. I would deduct the disputed amount and they would
turnoff my service adding disconnection fees. Early termination fees and charged me for a new one. I refused to pay and they refuse to reimburse my account. We are now at over 1426 in fees which they will it reimburse me
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
When the equipment stopped working was it still under warranty? Did you have an extended warranty?
Tell us the whole situation. Thank you.
Customer: replied 2 years ago.
Yes it was. It was nine days after. They would not send me a new one unless I paid for a new one. It was ridiculous. So each month I would pay my bill minus the cost and the fees. Telling them I disputed. They then would disconnect me for non payment. This happened 12 times at 40 each They charged me early termination fee for a new one and gave me a new number instead of putting on old account. Charged me for not returning the broken one and did not send me a label. Charged me for two devices then charged me late charges and misc fees. They assigned me a relationship manager who said they are not reimbursing me its all my fault. It's crazy and I can't get any help. They over charged me 1426 dollars and I'm constantly trying to work this out
Customer: replied 2 years ago.
I also got a landline service did not work and they want me to pay 488 for service that never was operational. They kept sending out people who said it was not operational and I still got charged
Customer: replied 2 years ago.
Are you going to respond????
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply. I am sorry for the delay, but we have to answer customers in order they respond and there was a rush in responses. Thank you for your patience.
If they refused to honor their warranty and replace the equipment, they were in breach of contract. If they sent you a new phone, they were supposed to send you a return label to return the broken one. Based on what you are saying, including their charges for the land line service, if they are not honoring the terms of their agreement to provide actual service, that is a breach of contract in addition to the breach of warranty they are in for not properly replacing your devices and you have a legal reason for withholding payment in that case, then you have a basis here to file suit against them in small claims court, if the BBB and FCC have not been able to resolve your matter (I thought you said you went to them already regarding your dispute). You can also file a breach of warranty complaint with the State Attorney General, under the Manguson Moss Warranty Act, as the Attorney General is supposed to provide warranty mediation on disputes.
If the Attorney General cannot resolve the dispute, you can sue in small claims without an attorney and present your proof to the court that it was ATT that failed to honor their warranty and their contract and failed to provide proper service to you as well as they agreed upon when you signed up with them.
Small Claims Court is your sole remaining option other than going to another provider if the BBB, Attorney General and FCC could not resolve the dispute.
Customer: replied 2 years ago.
They are claiming that I did not contact them and I have emails and faxes to prove that I did in fact. I am trying to get them to acknowledge the dispute and they refuse. They have already collected over 1436 in fees and now they want another 515 from me or shut off my service.its a big scam. What can I do to get their to be TRO or stay so they cannot demand payment when I want the court to review. SMC do not issue TRO?They offered to replace my equipment if I paid them for another one. I said no They said they would reimburse me but why should I pay for a new one when the first one never worked. They did not provide a label after I they made me get insurance then they provided. Its a scam480 in reconnections fees
320 service fees on both devices
110 early termination fee first one
80 to get the second unit
180 to transfer the second number to first account and reactivate.
115 for not returning the equipment
328 fees (late fees, overages fees, duplicate fees on two devices)Its just crazy what they are charging us.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
A TRO in these cases are generally granted only in cases where you can show "irreparable harm" that cannot be remedied by monetary damages. Generally, what you have here can be remedied by money damages.
If you have the proof to counter the company's claims, you need to file the complaint with the AG first and send them copies of your proof that you gave proper notice. If you have the proof and the AG cannot resolve the issue, then suing them is your final recourse and the emails as you say would be your proof you tried to do what they required and it was their failure that caused this issue.
Customer: replied 2 years ago.
I am a cancer patient who is paying for my own treatments. They keep shutting off my cell services because they claim I owe them money which I do not . I have already paid them 1436 in fees since july 2014 and I am not willing to pay anymore. This is crazy here. The CA Attorney General says they do not handle these cases we have to go to smc. This is ridiculous.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I am sorry, but if the AG is not going to assist, you do have a legal recourse, but you have to file in court to avail yourself of that recourse. You have a claim based on what you are saying though and small claims court is the proper place for you to file the claim and seek your justice.