CanI be charged$10 more per month if I replace a broken phone on my contract with the same exact phone?

UPDATED: Aug 21, 2011

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CanI be charged$10 more per month if I replace a broken phone on my contract with the same exact phone?

Have a 2 year contract with 15 months remaining. Approximately 2 months after entering into the contract mt cell phone provider changed its terms to require any new activations to pay an additional $10 per month. I never agreed to these terms. My son’s phone broke and need to be replaced. If I activate a phone, even the same make and model, I am being required to pay an additional $10 per month. Is this legal? Does this void my contract?

Asked on August 21, 2011 Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A contract cannot be unilaterally changed by one party--so the cell phone provider may not choose to alter the terms without your agreement, with one exception. That exception would be if the original contract or agreement reserved for the provider the power to make certain changes to the terms and conditions. If there was a reservation of the power to later amend or alter the agreement, the provider can do that, at least within the limits of the reserved power or right. So you should look to the original agreement, and see what it said about the provider's ability to add new terms or alter terms subsequent to its signing; that may be the critical issue. Good luck.

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