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I am experiencing a problem with my cell phone, I'm getting…

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I am experiencing a problem...
I am experiencing a problem with my cell phone, I'm getting messages hours late and even some messages days late and who knows if many messages are not delivered at all, is there any consumer protection or recourse?
Submitted: 3 years ago.Category: Legal
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Answered in 9 minutes by:
6/11/2015
Lawyer: Law Educator, Esq., Attorney replied 3 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,897
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First, have you contacted your cell provider in writing and informed them that their poor service is a breach of contract and demanded they fix the problem?
Second, have you brought them the phone to see if it is a problem with the reception in the area where you are located?
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Customer reply replied 3 years ago
No I have not yet, I'm trying to find out which way to go.
It's not a reception problem.
Lawyer: Law Educator, Esq., Attorney replied 3 years ago
Thank you for your reply.
First steps first. Go to the repair store, explain the problem and have them check the phone. Document date and time and location.
Second, if they cannot resolve the issue, you both call their customer service line AND send a letter to the company explaining the situation, the time and date of service and informing them of the issue and that their failure to provide proper service breaches your contract with them and you will pursue a refund in court if they do not resolve the matter.
Finally, if neither of those steps work, your only remaining option is to sue to terminate the contract and get a refund for the time it did not work and seek to terminate the contract based on their breach of their agreement with you.
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Customer reply replied 3 years ago
Well I don't have a contract so I don't have to worry about that and it's a tracphone and I don't believe they have repair stores
Lawyer: Law Educator, Esq., Attorney replied 3 years ago
Thank you for replying and clarifying the type of phone.
Tracphone service has been reported to not be the most reliable because of the number of people using their service and they do not have enough servers and transmitters. So your best recourse may be getting a different phone service.
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Customer reply replied 3 years ago
I've been using it for over two years with no problem, until lately.
Lawyer: Law Educator, Esq., Attorney replied 3 years ago
Thank you for your reply.
It depends on area and their towers, which is why I suggested first calling their tech people and also customer service. You do not know if something has gone wrong with your phone or if there is an issue with their towers.
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