Legal Question in Consumer Law in California

Cell phone contract

I joined T-mobile July 13 2006. Less than 2 weeks later i went in to cancel because i was getting NO service, even in my own house. All the places they say are part of their area would never work. The contract specificly states you can cancel your contract within 14 days w/ no problems, no fees etc. When i go in they tell me i signed a secondary contract which says i promise to stay w/ them for at least 4 months. I've been back and forth w/ the company many times. Customer service didn't even know what a secondary contract was. So because of this secondary contract which totally contradicts the first contract i am unable to cancel my contract. I don't understand how ONE company can give you 2 totally different contracts that contradict each other and stand by it. The T-mobile contract says i can cancel within 14 days. My question is how is it possible or legal for them to have you sign these 2 contracts that go against each other and there is nothing i can do....according to them?? Dont i have the right to cancel regardless because the first contract says i can?


Asked on 9/12/06, 3:03 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Cell phone contract

It sounds like they created their own ambiguity which could be held against them. But you also are under a duty to -- and are presumed to -- have reach each document you signed. At the very least, sign up with another carrier to get service!

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Answered on 9/12/06, 3:05 pm


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