Consumer Protection Law

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I have a problem with Verizon wireless. I April of 2015, I

Customer Question
talked to one of their...
I have a problem with Verizon wireless. I April of 2015, I talked to one of their technical support members and needed a my phone to be replaced. He said they will send me out a new phone. I ask what do I need to do when I get the phone? he said swap the battery and the sim card to the new phone and you are go to go. I said but it is an internal battery. He replied then all you need to do is swap out the Sim card. I said "okay, thank you." A week and a half goes by and no phone. Called back and asked where is the phone. The Tech support guy on the phone said " looks like the first guy did not complete the paperwork and did not send out the phone to you. we can send it right out." I said "okay, and all I need to do is swap the sim card and I am good to go." he said " yep, and enjoy the phone." A couple days I received a refurbished phone and did what both techs told me to do, put the the sim card in the phone and went on with my life. A couple days later I started getting text messages on my phone, Requesting the old phone back. I ignored the text because in the past when I had a replacement phones sent to me I would receive the same text message, one of the first replacement phones in the past I called Verizon and asked about the text messages and was told not to worry about it and i did not have to send a phone back and there would be about three text sent and nothing happened. This time shortly after the third text message my account was charged $500+- when I had time I called Verizon up and they said it is due to a non-return phone. Now I have been trying to fight Verizon on this charge and disputing it. I am telling the I am not going to pay for the phone and that I no longer have the phone. September 9 A associate manager called me and cut it to 50% but not any of the late charges that have occurred. I told him I could not talk to him at the time because I was about to take a test for a college class. He was going to be off work when I was done so he gave me his direct line to call him back. when I called him back I received his voice mail and he has not returned my call. Now they keep suspending me service, even though I am still paying my monthly bill. I have to argue with verizon to have then reconnect it and that will say on for only a couple days then is suspended again. while the Associate manager has not called me back and my bill is now like $644.99 I Need help with this.
Submitted: 2 years ago.Category: Consumer Protection Law
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10/1/2015
Consumer Protection Lawyer: Attorney 1, Attorney replied 2 years ago
Attorney 1
Attorney 1, Attorney
Category: Consumer Protection Law
Satisfied Customers: 2,601
Experience: Knowledgeable and Experienced Attorney
Verified

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.

Good luck!

Best,

Attorney 1

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