What are my rights regarding a cell phone and the lemon law?

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What are my rights regarding a cell phone and the lemon law?

I purchased a cell phone from a cell phone provider. The phone, $499.99 regularly, was sold to me for $149.99 with 2 year contract extension. I have had it replaced 4 times in the past 30 days for manufacturer’s defects. They say they will give me another or give me a different phone. The new phone they want to give me costs $124.99 regular price with a free 2 year extension. They won’t offer me a refund or comparable phone. What are my options?

Asked on July 30, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most states' lemon laws (if they have them) apply to automobiles, not cell phones.

If the cell phone that you purchased from the cell phone provider has had the problems you have had in such a short time, read the purchase carefully that you received and presumably signed when you bought it. Its terms set forth the obligations and duties owed by you to the seller and vice versa. There might be language about a refund policy within.

If you do not like the offer extended to you for the new phone costing an additional $124.99, tell the employee that you are dealing with that you want to cancel the purchase of the phone you bought and want a full refund. If the company is unwilling to do so, one option is going to small claims court over your dispute.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most states' lemon laws (if they have them) apply to automobiles, not cell phones.

If the cell phone that you purchased from the cell phone provider has had the problems you have had in such a short time, read the purchase carefully that you received and presumably signed when you bought it. Its terms set forth the obligations and duties owed by you to the seller and vice versa. There might be language about a refund policy within.

If you do not like the offer extended to you for the new phone costing an additional $124.99, tell the employee that you are dealing with that you want to cancel the purchase of the phone you bought and want a full refund. If the company is unwilling to do so, one option is going to small claims court over your dispute.


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