If I have faithfully paid for a service that has been unsatisfactory from installation, how can I avoid an early termination fee and receive a refund for monies paid?

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If I have faithfully paid for a service that has been unsatisfactory from installation, how can I avoid an early termination fee and receive a refund for monies paid?

When I called to cancel the service, I was asked to give them 1 more chance and if the issues were not corrected they would cancel without question. The issues continued and when I called to cancel I was transferred to 2 different parties, the final telling me I would be charged an early termination fee. How can this fee be avoided and additionally funds be returned for poor service?

Asked on May 28, 2015 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There's a difference between "unsatisfactory" on the one hand and either "fraud" or "breach of contract" on the other. If they committed fraud--lied about what they could or would do *before* you signed up, and that lie was both reasonable and a significant part of why you signed up--or they breached the plain terms of the contract (i.e. did not provide a part of the service which the contract obligates them to provide), then you should be able to terminate the contract without paying a fee--and possibly could sue them for additional compensation. (Of course, even if you are legally in the right, if they disagree and fight, you could find yourself in litigation, which could be expensive.)

On the other hand if they did not commit fraud and did not breach their contract, but you merely are not happy with the service, then legally, you probably would have to pay an early termination fee, since the law does not allow early termination due to mere disatisfaction.


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