How can I cancel an internet account if my service is poor?

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How can I cancel an internet account if my service is poor?

I recently purchased a 2 year internet deal which I can barely use due to a very poor connection. I have contacted the provider who agrees that the connection is unacceptable, but will not cancel the contract due to my old address being on the contract. The ID I provided at the time of signing the contract had my old address on it but I was told that this would not be an issue.

Asked on July 21, 2010 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the provider is breaching the contract by not providing useful connection or service, that should provide grounds to terminate it and possibly even recover some or all of what you've paid to date. You contracted to get a certain level of service and paid for it; if you're not clearly provided that, the contract has been breached. (Note that if the service is usable, not simply as good as you'd like, and also does not violated any clear-cut provisions as to download speed, etc., it's not as simple; then it becomes a factual dispute over whether you're getting what you contracted for.)

An old address is completely irrelevant to this issue--unless the provider is claiming that because the address is different, they can't prove it's you--in which case the contract is void, if you're not the proper party. So there is no way this argument can help them.

Note that if you try to get out of the contract and they won't let you, you may need to bring legal action to terminate it--or at least be prepared to defend yourself  legally, if you stop paying and they try to collect.


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