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I have a problem with T-Mobile phone bill for 18 mos

Customer Question
I have a problem...

I have a problem with T-Mobile phone bill for 18 mos totaling about $1000. They admitted fault, but are only willing to give a credit for $240. How should I proceed to get full refund?

Lawyer's Assistant: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money.

I am not asking about YOUR fees or refund

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Oregon. MAR 2016 - present

Lawyer's Assistant: Have you contacted the manufacturer?

Yes

Submitted: 11 months ago.Category: Legal
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Answered in 1 minute by:
9/13/2017
Lawyer: Dwayne B., Attorney replied 11 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 11 months ago

Please allow me several minutes to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Lawyer: Dwayne B., Attorney replied 11 months ago

You can file a complaint with the FCC but I've never actually seen them do anything with a complaint other than write letters back and forth to the company and fine the company but I've never seen them actually get money for the customer.

Likely you are going to have to sue them in Small Claims Court. You can do this yourself or you can retain an attorney and sue for your attorney's fees as well. Even though you don't have to have an attorney it is always a good idea to have one when you are suing a large corporation because they will have a team of lawyers.

The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.

A lawsuit generally follows this process:

1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct

2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.

3) The sheriff will serve the defendant with the lawsuit.

4) The defendant will file their answer.

5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.

6) After that the next step is to set the case for trial.

7) During the trial you introduce your evidence and they introduce theirs.

8) The judge renders an oral judgment and a written order is made based on that oral judgment which the judge then signs.

That is the basic process of a lawsuit.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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