Legal Question in Consumer Law in New Jersey

Do I have a case against this wireless dealer?

Hi,

I have signed up with AT&T Wireless on January 31, 2003 at a dealer in NJ called Hong Kong Wireless.

Since I was expecting a move, so I asked the sales lady whether I could change my phone number. I was told I could change it but I should tell them my new number once I changed it. (Unfortunatelly, I didn't get this in writing.)

I then moved to MA and changed my phone number in March, and called Hong Kong Wireless to tell them my new number. However, Hong Kong Wireless now says that I have broken the contract by changing phone number, and they are going to fine me for $250 because ''the service is disconnected in thess than 365 days from the date of this agreement (1/31)''.

I asked help from AT&T Wireless and was told that ''service'', as in the contract, consists of phone number and rate plan, so changing either phone number or rate plan is disconnecting service.

But except what the sales lady at Hong Kong Wireless has told me when I signed up in January, the contract doesn't explicitly say anything about phone number. The contract mentioned rate plan, though.

Could you please give me some advice if I have a case?

Thanks!


Asked on 5/26/03, 7:24 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Do I have a case against this wireless dealer?

The question is whether they have a case against you. You can file a complaint with the Federal Trade Commission, the attorney general's office and even the better business bureau; you should write to the ceo of at&t;

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Answered on 5/27/03, 12:16 am
Nance Lyons Law Office of Nance Lyons

Re: Do I have a case against this wireless dealer?

If the contract does not spell out that your phone number is part of the service, they have no rights to charge you. If it is part of the contract but was not highlighted/bold they may be in violation of the consumer protection laws. However, since you entered the contract in NJ, MA law may not apply and you will have to rely on NJ law.You can contact the MA office of consumer affiars, the MA attorney general's office of consumer affairs or an attorney. You could also try not paying and let them sue you which would be very costly to them. If you have ATT for long distance, change to a new carrier after you have paid ATT everything but the $250

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Answered on 5/28/03, 1:41 pm


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