Legal Question in Civil Rights Law in Michigan

Hello -

I entered into a contract with a Mobile carrier about two months ago. I entered into this contract online using the company's website. The contract I agreed upon stated a very different monthly bill than the one I received from the company later. Specifically, the bill that I got was hundreds of dollars more than what was stated in my contract. The company is now telling me that the contract that I agreed upon online showed some discounts that 'weren't supposed to be there', effectively saying that there was some glitch in their system. Additionally, the company is saying that, as a result, they are "unable to honor that part of the contract".

I would appreciate it someone could inform me of my legal rights here. My understanding is that a company can't simply say that "we can't honor this part of the contract". I cancelled my services with another carrier just to enter this new contract, and also sold my old phones to get the new ones coming with this contract. The company is proposing a resolution, which is that the contract be terminated without early termination fee, but that I still pay the high monthly bill they are now asking for and also not be compensated for termination fee I paid to my old mobile carrier.

I would also appreciate it if someone could tell me how best to take a legal action against this company. The amount of money involved is not that high (a couple of $100 every month for the next 2 years), so I don't know whether it makes sense to hire a lawyer for this purpose.

Appreciate all the help.


Asked on 4/18/13, 6:54 am

1 Answer from Attorneys
William Stern William Stern, P.C.

If there is a material difference between the on-line quote and what you are now being billed, that is grounds to rescind the contract. Write a certified letter to the headquarters of the company telling them you want to rescind the agreement due to the discrepancies. If they do not agree to rescind, then you have to take legal action. The problem is that there may not be jurisdiction in the district court for rescission since that is an equitable remedy. You may have to go to the circuit court. You may be a bit in over your head to do it yourself.

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Answered on 4/18/13, 7:50 am


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