If my ISP has repeatedly failed to keep their end of my contract with them, do I have a legal defense to refuse to pay off the balance of my bill?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my ISP has repeatedly failed to keep their end of my contract with them, do I have a legal defense to refuse to pay off the balance of my bill?
The internet has consistently been less than half the speed advertised and it goes down about once every 30 minutes during the day. I had automatic payments set up and they failed to notify me that it stopped working three months ago. They are now trying to charge me $200 something in late fees. If I refuse to pay, do I have a legal defense that they failed to hold up the contract?
Asked on April 14, 2012 under Bankruptcy Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to start ascertaining your remedies with your internet service provider (isp) is to carefully read your service contract with it in that the contract sets forth the obligations owed to you by the provider and vice versa. Depending upon what is to be provided in your contract versus what you are actually receiving in services, you may have a basis for terminating your contract.
If you get involved in a collection action with your provider, you possibly can assert as a defense a breach of the contract by the provider as to you. I suggest that you begin a series of letters to the provider setting forth your position that it has breached its agreement with you and setting forth specific reasons for such an assertion, for example the system going down for 30 minutes during the day. Keep copies of these letters for future need and reference.
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 AttorneyPages.com 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.