If I cancelled my cell phone service early, does the providerhave the right to erase the music I paid for on a phone that I paid for?

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If I cancelled my cell phone service early, does the providerhave the right to erase the music I paid for on a phone that I paid for?

I paid $300 for the phone; canceled service 2 months early; erased 1800 sings for which I paid. The music has nothing to do with the phone service. They are also charging me an early termination fee. Can I sue them for the cost of my music less termination fee? Is what they did legal? The T & C does not give them this right.

Asked on February 4, 2011 under General Practice, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so you are reading the terms and conditions on your contract, correct?  Except that you breached the contract by cancelling early.  You say that the music has nothing to do with the phone service but it is obviously connected.  I do agree that they should have waited to do anything until the matter was resolved and you can try and use it to negotiate the termination fee (which you agreed to in the terms and conditions I am sure).  But read the contract terms carefully.  Who "owns" the music will need to be determined first.  If you stored it on a library using their service this could get very tricky with the cancellation.  Suing them would mean starting a lawsuit or waiting for them to sue you. Try negotiating first.  Good luck.   


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