What constitutes legally sufficient notice toallow a company to take a cancellation fee out of your debit account?

UPDATED: Feb 22, 2011

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What constitutes legally sufficient notice toallow a company to take a cancellation fee out of your debit account?

“Terms and Conditions”3. That I agree to accept full responsibility and liability for all cellular and wireless equipment purchased by me and all one time and recurring service charges for the Wireless Service(s) activated. This was copied and pasted from my terms and conditions. Is this legally my notification of a withdrawal from my account? I thought they had to give you notification of the date and amount to be debited from your account. ?

Asked on February 22, 2011 under Bankruptcy Law, Oklahoma


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When you sign up for a cell phone account or any account that is similar, the initial cancellation terms are given to you in writing with your initial contract.  What you copied and pasted is only one portion of any conditions to which you have agreed when you signed the agreement to obtain the equipment and service in the first place.  You need to find the specific provision from your contract and from the notices section that specifically discusses cancellations and the amount charged. Most charge between $250 to even $350.00.  If you agreed to the cancellation charge and you agreed to pay your monthly service fees by debit card (i.e., automatic withdrawal), then you agreed to the automatic withdrawal of those monies as most likely part of your last bill.  If not, then you have an issue of taking and you should contact both the federal trade commission, the federal communications commission and your state attorney general.

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