Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello, and welcome. I am a licensed attorney and happy to assist
Your situation is a tough one, but not insurmountable. I will assume that you signed a contract that imposes a charge of $500 in the event a phone replacement does not result in a returned phone. I will also presume there is a provision in the contract that if the company chooses to waive enforcement of any contract provision (the $500 exchange fee, for example), such waiver does not constitute an ongoing waiver in future instances. If you take Verizon to small claims court for breach of contract (interrupting your service) that's what Verizon will argue. However, it may not be successful since you no longer have the phone and relied on past performance and lack of a return instruction when you asked what to do, before getting rid of the p hone. I believe you could successfully argue that past dealings with this company established a pattern of conduct upon which you justifiably relied in not keeping your phone, and had it not been for past performance and assurances, you would have gladly return the phone. So, if you are tired of phone interruptions, the only ways to potentially stop the annoyance is to pay the $500, negotiate payment of a lesser amount, or take Verizon to small claims court and assert your rights. I can't promise you would wi in small claims court, but you have a reasonable shot.
I hope this information helps. If you need additional information or clarification, please let me know and I will be happy to provide additional assistance.