Legal Question in Credit and Debt Law in Michigan

Refund Due being held
I was released from my contract with a cell phone carrier early, with their written consent saying they would NOT charge an early termination fee(they could not provide quality service in my area). I have - in writing - their offer to end our contract without penalty. I followed their instructions concerning ending the account and porting my number to a new carrier. Then I returned my phones, and had a refund due of $181. Because I arrived at the store so early in the morning, they did not have the cash on hand to refund this to me. They offered to send me a check in 3-4 weeks. I agreed to wait for the check. Instead, after 3 weeks they withdrew $202 out of my account because they, by their own admission, in ERROR, charged me an early termination fee of $170 on each of my phones. They admit they owe me now $340 plus $25 for bank charges (their unexpected withdrawal caused this). They said it will take up to 90 days for me to get my money back. They keep it as insurance against any further charges I make on the account I closed a month ago and have no phones to make the charges on. I have their apologies, but that is their policy and they will not change it. Can they keep my money like that, money they were not entitled to to?

Asked on 10/01/08, 12:43 am

Timothy Klisz Klisz Law Office, PLLC

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Re: Refund Due being held

this is a clear violation of the Michigan consumer protection act. Contact me at www.kliszlaw.com to discuss. Tim Klisz

Answered on 10/01/08, 8:33 am

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