Can I sue my cell phone company for chargesregarding a service thatI didn’t approve?

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Can I sue my cell phone company for chargesregarding a service thatI didn’t approve?

About 8 months ago thefree internet on my cell phone was up. I called and cancelled the internet offer so I wouldn’t be charged after it was up. Today I went on-line to check for any new offers due to a merger. I found out that they did not take the internet service off and I have been charged since then for this service. And not only on my on line, but all 3 lines on my account, 2 of which don’t even have internet compatibility. They are now saying that nothing can be done; the charges will remain. I feel as though they are robbing me.

Asked on June 7, 2011 under General Practice, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is whether you cancelled the service properly--that is, 1) whether you had the right to cancel then, based on your service agreement, etc.; 2) whether if you had the right, you provided the correct amount of notice and/or cancelled at the right time; and 3) whether you cancelled in the right way (e.g. did you need to provide written cancellation notice)?

Basically, if you cancelled properly, per the terms, that cancellation must be honored, and you could, if necessary, sue (including in small claims court) for your money back.

On the other hand, if under the terms of service you could not cancel them, or you tried to cancel in the wrong way, the provider does not need to let you cancel and may hold you to the agreement. You need to review the terms for cancelling and how you cancelled.


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