Legal Question in Business Law in Pennsylvania
Business Phone Number didnt get published in new directory
I acquired a business telephone line from Verizon in September 2007. The new phone directory came out for 2008 for the county and my business is not listed in the white pages nor the yellow pages. I paid extra for business line because it comes with the yellow page listing. I called Verizon and they offered me $153! That's not nearly enough to compensate the difference i'll be losing for my number not being listed for a year! I told the Verizon sales rep. that I was not accepting the offer. She stated she would put it all on records. Should I hire an attorney? I mean, my business is 5 months old. Im just starting to see profit. I consider not being published in the phone book as a major loss. How can you possibly calculate the difference. Any advice is greatly appriciated.
Thank you and have a nice day!
1 Answer from Attorneys
Re: Business Phone Number didnt get published in new directory
Unfortunately, you likely don't have any more relief than a refund. Your situation sounds like a common breach of contract situation: you had a contract with someone to do something, they failed to do it, and now, even though the breach didn't directly hurt you, you're not where you would have been if they had done their job.
That harm is called "consequential damages" and you can sometimes recover it. However, given Verizon's size, and their use of form contracts (also called "contracts of adhesion"), I find it very likely that the contract you signed specifically prohibits you from recovering consequential damages from the breach. Thus, at the end of the day you could only recover the amount you spent, i.e. a refund.
Don't let me stop you from seeing an attorney: the documents you signed may not have such limits in them, or may have been modified by your conversations with the representatives, I am just guessing at their content based on what I've seen elsewhere.
At the same time, while your frustration is understandable, you might want to try and reach a deal with them. Maybe they will cut you a good deal for placement next year. Again, I'm sure even the suggestion of that is even more frustrating -- it would be to me -- but your options are limited. Also, consider putting more efforts into web-based advertising. I haven't looked at a phonebook in years.
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