How can I get out of a cell phone contract?

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How can I get out of a cell phone contract?

Have had it 7 weeks and am disgusted by the service, dropped calls and customer service. Phone is in perfect condition. Still waiting to hear from a supervisor who is supposed to call to discuss a current matter.. no call last night and this is the 2nd time no one has called to follow up.

Asked on August 2, 2011 New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are not getting what you are paying for--e.g. you are not getting the service represented or promised to you--you *may* have grounds  to terminate the contract without penalty, due to the phone provider's breach of its obligations. However, only "material" breaches, or those going to the core of the agreement (i.e. to the heart of what you are paying for--phone service) will provide grounds for termination. Bad customer service or slow supervisor feedback almost certainly do *not* rise to that level and will not justify termination. Possibly the dropped calls would, but only if there are of considerable frequency--some amount of dropped calls is endemic to cell phones. Thus, there may be a situation where you cannot safely terminate the contract.


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