Legal Question in Consumer Law in Texas

Protecting my credit against a disputed bill

We applied for a cell phone to use during a family vacation in the US. We told the salesman that specifically. He said that he would enroll us in a nationwide contract with no roaming charges.

We went on vacation and used the phone as planned. When we got the phone bill it was $600 for three weeks.

The company claims that we are responsible. We asked them to produce the contract we signed and they have refused. We cannot locate our copy.

They then cancelled our plan yet they kept charging us monthly charges after cancelling it without our knowledge.

By doing this and charging us for an early cancelation charge they have now upped the charges to $1000.

This is for only approx three weeks of use that we were told would be toll free (no roaming charges and free long distance).

Cingular Wireless is the company and they have given the account to a collection company. We want to protect our credit rating from this unethical bill and want to erase the bill.


Asked on 1/10/03, 6:15 pm

2 Answers from Attorneys
Eliseo Rico III The Law Office of Rico & Associates

Re: Protecting my credit against a disputed bill

By law if you are disputing a debt the creditor must provide you with proof of the debt, i.e. the contract, bill, etc.

However, if up to this point you have been doing all your complaining via phone, I suggest that you consider putting your complaint in writing to the creditor, and file a complaint with the attorney general's office. Anything you send out in writing to the company should be sent certified mail return reciept requested so that later they may not argue they never recieved your complaint or request for information.

If the salesman made certain representations to you regarding the plan which turned out to be false, misleading, and or deceptive then you may have a claim against the company for violation of the Texas Deceptive Trade Practices Act.

However, given the relatively small amount I believe that you may be better off either settling with the company, or pursing the claim on your own through small claims court.

If you have any questions regarding this matter please feel free to contact me. There is no charge for the initial consultation.

Read more
Answered on 1/12/03, 3:48 pm
Brandon Manus Manus Law Office

Re: Protecting my credit against a disputed bill

Before filing suit, here are a couple of other options. Send a complaint to the TX Attorney General's Office, but also send complaints to the Texas Public Utilities Commission and the Federal Communications Commission. The telephone and cellular companies are regulated by the PUC's and the FCC. Send the letters certified with return receipt and keep copies of all of your documentation.

Read more
Answered on 1/12/03, 6:34 pm


Related Questions & Answers

More Consumer Law questions and answers in Texas