Legal Question in Consumer Law in Louisiana

Breach of Contract by Cellular Provider

I had cellular service with a 12 month contract at Cingular. Service extended from the New Orleans area to the Gulf Coast. Coverage for me was mandatory in this area because I have two homes. My phone stopped working. It was a problem with the phone itself. I went to three different locations of Cingular to have it replaced but none had the phone. All phones like mine were coming standard with ''GAIT'' a new technology. This technology had not been filtered to all towers and I would have incurred roaming charges when I went to the Gulf Coast. I called Customer Service and visited Cingular several times to no avail. I changed my service to another provider and now Cingular wants an early cancellation fee. I think they were in breach of contract to provide service in a specific area. I need a letter to Cingular stating some legal stuff so they will back off.


Asked on 1/13/04, 1:09 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Breach of Contract by Cellular Provider

You are correct. You and they agreed that for an agreed price, they would supply a specific service. When they failed to be able to supply the specific service, they breached the contract. The solution is to give you what you contracted for; give you the opportunity to purchase a different plan; give you something comparable at the same; terminate the contract. Since they could not give you what you contracted for, at the agreed price, it appears the contract is terminated. You do have a right to whatever damages, if any, you suffered by the breach. Go to BBB with the problem if necessary.

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Answered on 1/13/04, 1:28 pm


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