Is a minor legally responsible for payinga contracted debt?

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Is a minor legally responsible for payinga contracted debt?

I ordered a wireless USB modem from a phone provider when I was 12 years old (yes, I am a minor). The offer, when I ordered it, was “60 days free”, but I didn’t read the fine print, which said “requires data plan and 2 year contract”. I returned the USB modem, and canceled the service, but the company has ruined my credit, and they continue to send me collections notices. Am I legally responsible for paying them the balance due, taking into account that I am under 18, and can “disaffirm any such contracts prior to reaching age 18”?

Asked on November 6, 2010 under Business Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Time to get your parents involved.  A 12 year old can not legally enter in to a contract anywhere as far as I know.  The contract is not binding.  But at this point in time you are going to need adult supervision to help with straightening it out.  You obviously did some research on the law and have quoted the portion that seems to apply to you.  But an adult need to start the process to recovery here.  Letters need to be written to the collections people (get names of supervisors) the original party with whom you contracted and you need to dispute the transactions with the credit bureaus. Good luck.  Expensive lesson learned.


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