Legal Question in Consumer Law in California

Cell phone company retroactively changing verbal contract for cell phone plan

I had a cell phone plan with a company that was fairly expensive and I downgraded the plan on the phone with their customer service over the phone (where the mothly service price was quoted). --verbal contract

Two years later now the company has included an addtional charge 50% above the agreed monthly fee and made it retroactive a couple of months. I called them and they state that they were auditing their customers' plans and discovered I haven't been paying the correct amount.

I informed them that I had a verbal contract with their representative for a specific amount and wanted it reinstated. They provided arguements that their commercials and brochures and plans all include the fee, but I was never sent any pronted information nor did I hear these commercials. The only information I ever had on the plan (now no longer offered to new customers) was from their representative over the phone who quoted the price I had been paying.

Are they breaking a verbal contract and can I sue them to have our agreed upoin plan reinstated? (If so, would this be in small claims court?)


Asked on 6/19/02, 8:10 pm

1 Answer from Attorneys
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Cell phone company retroactively changing verbal contract for cell phone pla

Realistically, your "verbal contract" (actually, oral contract - all contracts made up of words are "verbal") isn't worth the paper it was written on.

You appear to be in a position of comparing your recollection to that of the sales rep, but his/hers is backed up by the written contracts, advertising copy, training manuals for sales staff, etc. What do you have? Your recollection of a single conversation with someone whose name, job title and location you likely don't remember or never even knew. Result? They have you over a barrel.

The lesson, of course, is to always get an agreement committed to writing - then read it! - so there is no later misunderstanding of the substance of your conversation. You do, arguably, have a defense in "waiver" - that is, since they failed to charge you and accepted the reduced amount for two years, they cannot now go back and claim the shortage. That position will only go so far, though, in the face of the evidence the phone company has in its support.

Bottom line is that you may be successful in getting them to drop the past charges, but it is very unlikely you can force them to honor the agreement you thought you had.

If there are more facts than you related here that might further support your claim, it might be worthwhile to consult an attorney, but on the sparse information provided here, you do not have a good chance of prevailing.

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Answered on 6/20/02, 1:38 am


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