How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I got an upgrade on a cell phone from AT&T on Friday, July

Resolved Question:

I got an upgrade on a cell phone from AT&T on Friday, July 29, 2011. I was not given a tutorial in the store and realized when I got home that the phone was not designed for a man with large fingers. I attemnpted to return the cell phone yesterday, July 30, 2011 and the young man who had helped me the day before was extremely helpful in getting me to a phone that better fit my hands. However, when he went to the rear of the store to talk to his manager she came out and said that I must pay a $35 restocking fee as per the contract. I informed her of my right to cancel the contract within 3 business days but she demanded that I needed to pay the $35. We went back and forth and I asked her to call her manager which she said she could not do. So, I asked her to call AT&T for me and I would speak to them myself. Never did I raise my voice or use vile language or any sort of indication that I would harm her in any way. As I was on the phone with Customer service she went into the rear of the store and called THE POLICE!
Now there are 3 police cars at the store with SWAT! I was still on the phone with corporate and it was nearing closing time. All the Police saw that I am an upstanding individual, well educated and, I might add, a retired and disabled Professor. Needless to say I was horrified. In my 61 years of life I have NEVER had anyone feel the need to call the police for me. I will recover from this gerave insult but I do want to know my rights as far as the 3-day law in cancelling a contract. I intend to call AT&T tomorrow morning and I would like to know my rights. I am in New Orleans, LA and I would appreciate some advice. My email address [email protected] Thank you for your assistance.
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

I am very sorry to hear that you were treated in such a manner. I have been reviewing Louisiana law and I was not able to find an automatic 72 hour automatic right of rescission on such agreements. Therefore the contract that you signed with the provider is the one that is binding, which means that if there was a $35 restocking fee, you are generally responsible for it. However, since you were so mistreated and likely defamed, tomorrow (today) call the AT & T customer service line, explain the treatment, demand to speak to a supervisor, and state that you are considering a claim for defamation of character against the company because their agent mistreated you. Demand that they remove you from the contract or permit you to obtain a new phone without additional costs. The moment they hear that you are genuinely considering legal action (and in this case it is not frivolous but legitimate), I am sure that they will be more than happy to assist you in whatever manner you demand.

Good luck.
Dimitry K., Esq. and 4 other Legal Specialists are ready to help you