Legal Question in Consumer Law in New York

Telephone company negligence and incompetence

Hi,

I would like to sue AT&T for damage caused to me and

my business.

For 20 days and a total of about 25hrs talking with

about 70 different people, I've been trying to restore my

line through their customer services.

This has caused me and my girlfriend a damage of

about 3 to 4,000 dollars so far.

We've been forced to use cell phones in an area where

reception is terrible or to beg friends and clients to call

us back.

Now, if the phone will be ever be reconnected, the most

I've been granted as refound is $60 dollars total off of

my next 3 months bills ($19 off each month for 3

months).

That is unacceptable.

ATT customer service is set up in a way that in no

shape or form a customer can talk again with the same

person. Therefore causing repetitive conversation of the

same problem, restoration of my telephone line.

almost 600hrs later it is yet not working.

I want to be refunded for damage mine and my

girlfriend's business, my loss of money and time, for

the way I've been treated, for ATT's incompetence and

negligence.

What can I do ?


Asked on 6/27/02, 12:47 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Telephone company negligence and incompetence

You are in a tough situation, and one that I have faced on more than one occasion personally -- twice with AT&T (like you) and a third time a while back with MCI. My heart goes out to you b/c it is so damn frustrating.

Nonetheless, damages are limited against entities like telephone companies and utilities. The rationale is as follows: Let's say that a power outage occurred where phone lines for all of Chicago went dead for an afternoon. Even if such outage were due to the negligence of the telephone company, the potential liability if it were held to pay for all consequential damages (claims that, say, a stock investor would've closed a deal worth a billon dollars) would be catastrophic. It would bankrupt any telephone company/utility.

Thus, damages are generally limited to the amount of money for which the customer otherwise would have been billed if service had not be interrupted. In other words, you don't have to pay for services you do not get.

There may be exceptions to this general rule, but I doubt that you would find an attorney willing to take your case on a contingency fee basis. Rather, you would probably have to pay him/her hourly to investigate the case, perform research, render legal advice and, if necessary, file suit & litigate it through trial.

-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo

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Answered on 6/30/02, 10:42 pm


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