Legal Question in Consumer Law in California

verizon & kiosk contract
purchased phone and plan through authorized verizon dealer kiosk. Next day realize salesperson intentionally lied to deceive me, misrepresenting plan & cost. Verizon has Test Drive Plan which permits consumers to try their products & services for 30 days. If number is ported to another carrier within 30 days, return phone, terminate plan all free of charge. Called Verizon, was assured TDP applys. Had my number ported out, went to kiosk to return phone. Kiosk manager acts like nasty bully, refuses to accept phone, says: you owe me $100, you signed the contract. Turns out I signed 2 separate contracts 1w/ Verizon,1 w/ kiosk. Kiosk contract states phone must be returned within 15 day trial period, I'm within. Verizon calls him many times, he lies, oks return, go to kiosk, he refuses, demands $100. 7th attempt, I audio tape conversation, same story and he threatens to bill my credit card. Go home, call credit card, he billed $350. Verizon calls him, he says charge is for damaged phone, I have the pristine phone. I will dispute c.c. charge but want to know which contract prevails? Kiosk contract has opposite terms of TDP but TDP says it covers phone & plan bought from authorized dealer.

Asked on 7/10/07, 1:11 am

Johm Smith tom's

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Re: verizon & kiosk contract

Challenge the charge to your cc, take the kiosk to small claims if you have too, and try to make Verizon yank his authorization.

Answered on 7/10/07, 9:42 am

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