Are there any cell phone lemon laws?

UPDATED: Aug 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Are there any cell phone lemon laws?

I signed a new cell phone contract 9 months ago. Since that date I have had 5 different cell phones due to numerous problems with each device and I am now having problems with my current phone. The cell phone provider claims the problems are with the phone manufactures and not with the service they provide. I am looking to void my contract.

Asked on August 19, 2011 Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are no cell phone lemon laws. However, that does not mean that you may not have recourse. You might have grounds to rescind the contract--cancel it and possibly receive payments back--or at least to terminate it--cancel it going forward--if the following the case:

1) Breach of contract--the service you are getting is not what you paid for; in some significant way, the service you receive is not adequate to the point where the service provider can fairly be said to be violating it. This could give you grounds to terminate the contract and possibly seek some  money back for the time you had poor service. Note that selling you defective phones that turn out to be defective could also be breach.

2) Fraud--they lied to you about something significant to get you to sign up (e.g. the data plan; the network coverage; whether the phone you bought works well with the plan; or that the phone was of an outmoded or known defective (e.g. recalled) kind, or was used, not new)--this could give you grounds to rescind the contract and get all your money back.

Of course, if the service provider disagrees and you try to cancel, they could theoretically litigate against you...weigh how much you want out, if they push back, vs. whether you're willing to possibly be involved in litigation or have collections action taken against you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption