How much of a case do I have against my ex-cell phone provider if it continues to withdraw money from my account? wireless?

UPDATED: Apr 1, 2015

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How much of a case do I have against my ex-cell phone provider if it continues to withdraw money from my account? wireless?

I was deployed for the Navy for 6 months; while I was gone they charged my account. When I came home I cancelled my plan and changed carriers. However, the carrier still continues to take money from my account. I have been trying for 4 months to get this settled. They have taken over $1,500 from me without any real reason. I can’t get a straight answer from anyone at the company. I have tried going into the store, calling customer service and they just give me attitude or transfer me to someone else. I am done trying to argue with them on the phone. I want to take this to court and see what I can do there.

Asked on April 1, 2015 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If your plan allowed you to cancel it early and you did properly cancel it early (did so the right way, as provided in the contract), then they could not continue to take money out of your account; in this instance, you would seem to have a strong case against them. On the other hand, if the contract with the provider did *not* contain early cancellation provisions, then you might not have been able to cancel it and would still be obligated for the remainder of the contract term. Not all contracts can be cancelled early; generally, a contract may only be cancelled early if the contract itself gives you the right to do so. You need to review the contract with your former provider to see what your rights were.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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