Legal Question in Consumer Law in California

my husband and I recently moved to california. we dont get any cell phone service in or near our house. we have to go 1/2 mile to get any service at all. we contacted t-mobile and they said t-mobile is not responsable for no service in a house, building or apartment. they also said they are building a new tower which will take 60 or more days to complete and we will not get any compensation for it waiting for the tower to be built or way our cancellation fees. we asked why it is fair for us to have to cpntinue to pay for a service we cant use or have to go out of our way to use and they gave us the normal fake customer service. I recently spoke with my friend who works for sprint and he said that sprint and verizon were sued for the cancellation fee being illegal for california residents i was wondering if this applys to t-mobile for if there is anything that can be done.


Asked on 8/02/10, 10:26 am

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

This is an example of plain bad customer service on the part of T-Mobile! Of course, it is not their fault if you move somewhere that does not offer service. It is probably not a policy of any phone company to allow a cancellation for such a situation. My review shows that the fees were made illegal in 2008 in California as applied by two companies. T-Mobile was not one of them, but at that time, they were expecting the same result. That is, the T-Mobile case was pending. T-Mobile might have settled out of court with thousands of earlier clients. The cell companies then tried to get the FCC to become involved, but I have not seen a ruling on the matter. The outcome of this was that some companies started prorating the cancellation fees over the life of the contract. This might stick as it makes more commercial sense when one must understand that these fees apply at all because of the subsidy that one gets from the cell phone company when buying a cell phone. A cell phone that would list for $250.00 at retail might be sold for only $50 to a subscriber where the cell company expects to receive the balance of the $250.00 phone price in the form of monthly service charges. With no service charges the cell company would have given the phone away for below market value. At least this is the rationale for the termination fees that seems to be holding up.

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Answered on 8/10/10, 3:50 pm


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