Legal Question in Business Law in Missouri

I have two questions I have dire need of help with, please help me.

1. I'm trying to cancel my service with a cell ph company (no contract) and they refuse to take the phone back. The only reason I'm cancelling the service is that they are unable to provide internet service to the phone, even though their map says excellent coverage. the only reason I didn't sent the phone back earlier is I was back and forth with them, they were trying to fix it. The finally acknowledged they don't know what the problem is and they are not going to make any more attempts, so I have no choice but to cancel because the internet literally does not work. The phone was purchased through them and can only be used through them and it had a balance due. But, it was purchased through them & according to their promise to provide service through the phone.

2. Separate issues/company: I made a purchase a week or two ago and the company accepted my order and my credit card. I have done business with this company for months, but always had problems. I was trying to work back and forth with them on all of these issues, NONE of which had to do with the order I just placed. During this process, I decided I don't want to do FUTURE business with them for so many issues, I can't list. However, I still needed to fulfill the order for my customers and there is no other product like it, I spent the entire day yesterday searching. I did NOT authorize or ask for cancellation. In fact, I specified I still needed this order. Can they cancel my order AFTER they had already accepted the order and started the process (even with a credit back to my card)? This seems like a breach of contract. I now have three clients waiting for this product and it puts my business in danger. Basically, I think they got mad and thought screw you, which is obvoiusly not the professional way to handle anything.


Asked on 10/07/14, 2:19 am

1 Answer from Attorneys
Anthony Smith LawSmith

1) without seeing your agreement, it is nearly impossible to determine if you have authority to return the phone for the full purchase price.

2) It sounds like the other company breached the deak, and may owe you for your damages. Damages might be the extra cost if getting replacement goids fir your clients, ir the lost profits from not being able to fill your client's orders.

You need to condult directlyvwith a civil. Oractice attorney in your area regarding both of your questions. Thete isn't enough informstion here to give a definite answer to either.

Goof luck

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Answered on 10/07/14, 10:22 am


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