Legal Question in Consumer Law in Illinois

being charged for a cell phone I never owned

I recently recieved a bill for a cell phone someone obtained several years ago in my name that I never bought, signed for, or even knew about. The phone provider offered to reduce the bill, but still insists that I am obligated to pay. I asked them to send me a copy of the original signed contract, which should show when and where this purchase occured. It should, without question, show the signature of the buyer. I, of course, was told that they would try to do this, but that sometimes papers are lost. If I get this copy, I'll have no problem proving I didn't buy this problem. However, what are my rights if they don't come up with an original contract?Am I obligated to pay for something I never had, used or knew about? Any help would be appreciated. Thank you!


Asked on 10/11/07, 10:39 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: being charged for a cell phone I never owned

If they can't prove the debt you should prevail. If they, for example sued you and went to trial and were unable to provide the contract and prove you signed it, you would prevail.

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Answered on 10/19/07, 2:58 pm


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