What options do I have for legal recourse for being sold a service under false pretenses?
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What options do I have for legal recourse for being sold a service under false pretenses?
An cable company sold me internet services last year for $19.99, at no time indicating it was a temporary or promotional amount. My bill went up to $39.95. I was informed today that $39.95 is the proper amount and $19.99 was a promotional package offer. I was sold this service under the false pretense that $19.99 was the actual price, not a temporary special price. The customer service supervisor I spoke to said documentation from last year and this month show no detailed information as to why I was offered $19.99 or why it was changed to $39.95 and confirmed that they were unaware of what happened or why, but that I would have to pay the $39.95.
Asked on April 21, 2015 under General Practice, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can sue the cable company for breach of contract and fraud. These are separate causes of action (claims) in your lawsuit.
Since the cable company is in material breach of the contract, you can sue immediately and stop paying the monthly bill.
Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment. In other words, you subscribed to the service because the price was intentionally misrepresented as $19.95 upon which you justifiably relied.
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