How much of a case do I have against my ex-cell phone provider if it continues to withdraw money from my account? wireless?

I was deployed for the Navy for 6 months; while I was gone they charged my account. When I came home I cancelled my plan and changed carriers. However, the carrier still continues to take money from my account. I have been trying for 4 months to get this settled. They have taken over $1,500 from me without any real reason. I can’t get a straight answer from anyone at the company. I have tried going into the store, calling customer service and they just give me attitude or transfer me to someone else. I am done trying to argue with them on the phone. I want to take this to court and see what I can do there.

Asked on April 1, 2015 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your plan allowed you to cancel it early and you did properly cancel it early (did so the right way, as provided in the contract), then they could not continue to take money out of your account; in this instance, you would seem to have a strong case against them. On the other hand, if the contract with the provider did *not* contain early cancellation provisions, then you might not have been able to cancel it and would still be obligated for the remainder of the contract term. Not all contracts can be cancelled early; generally, a contract may only be cancelled early if the contract itself gives you the right to do so. You need to review the contract with your former provider to see what your rights were.


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