Can I get out of my contract with my cell phone provider?

I started my contract over 18 months ago while I was deployed to Iraq. My wife without proper authorization got an upgrade. In doing so she renewed the contract without the sales associate informing her of the changes. I have the new contract and she never initialed the term comment nor did she sign the contract. Now my cell phone provider says that they can’t do anything about it because the upgrade was done through a national retail electronics chain and nor directly by them. The chain didn’t get proper authorization to make the changes; my wife gave them my name and confirmed my address.

Asked on August 29, 2011 Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your wife, if she is an authorized co-user, may have properly signed the agreement or authorized renewal. The retailer is correct; you must go to the entity through whom she renewed. That being said, the laws from the Soldiers and Sailors Relief Act and similar laws should be able to help you in this situation. If you are back on U.S. soil (i.e., no longer deployed), you should seriously consider discussing the matter with your state's attorney general and also the going up the chain to corporate to get this matter resolved. Explain your wife did not have legal authorization and was not told that this would be considered a renewal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.