If a major wireless phone service provider has electronically charged my account a different amount than for the amount of my check, what legal recourse do I have?

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If a major wireless phone service provider has electronically charged my account a different amount than for the amount of my check, what legal recourse do I have?

Asked on September 9, 2014 under Business Law, Arkansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, contact the wireless phone service provider to correct the error. 

If that does not resolve the problem, you can file a lawsuit against the wireless phone service provider which would have two separate causes of action (claims); one for negligence and the other cause of action would be breach of contract.

Negligence is the failure to exercise due care (that degree of care that a reasonable wireless phone service provider would have exercised under the same or similar circumstances to prevent foreseeable harm).

Breach of contract would be based on the incorrect amount being charged to your account.

If the incorrect amount charged to your account was NOT a mistake and was intentional, you could sue for fraud.  At this point, it would be difficult to prove fraud because it would be difficult to prove intent as this was most likely a mistake (clerical error).

 


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