Legal Question in Consumer Law in Michigan
Termination Fee
In July 2006 I contacted Nextel Sprint to cancel my service. At that time the Customer Service agent informed me that she could adjust my plan to a better plan that would be more affordable. I specifically stated that I did not want to enter into a contact and she stated that would not be necessary. No new hardware was provided and the only change was to the service being provided. This month we changed cellular providers and were billed an early termination fee. Contacted CS and was told we were on a verbal contract becasue their agent told us so and it was in their notes. We have paid our bills on time and did not receive any additional hardware or service, only a rate change. We did not authorize a new contract and did not sign anything. They just signed us up without authorization and now claim that use of the service constitutes acceptance of the new contract. We made every good faith effort to resolve this matter however the supervisor at Sprint directed us the the terms and conditions section of the Sprint website. There is states and dispute must be handled through arbitration. They can not produce a signed agreement and refused to produce a tape of the conversation in which the agent changed our service.
1 Answer from Attorneys
Re: Termination Fee
You state a sound defense to the charge. Have an attorney write a letter for you. If you would like my assistance in doing so or if you would like any further information, please contact me via my website at www.lawrefs.com.
Even if you choose not to have attorney assistance, a good start for you would be to send a letter to them via certified mail return receipt requested stating your dispute and informing them that you will be suing for all damages including your attorney fees.
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