Legal Question in Credit and Debt Law in Texas
Cellular Telephone Company's claiming a false 1 year agreement.
I called and cancelled my cellular phone account with a company and they claimed that I owed them a early cancellation fee because they claimed that when I called to activate my phone service that I agreed to do so. I asked the company to provide me with the agreement that I authorized. They did not respond for several months to that. I then recieve a letter from a collection agency of some sort claiming that I owe this money. I then call both that collection agency, they tell me that they will investigate it. I called the wireless service provider and speek with the floor supervisor who tells me that Texas is a ''Verbal Agreement state'' and that because the brochure says '' Terms and Conditions may apply'' that they are able to do whatever they want, and therfore am liable to the service contract. My question is this: is that accurate and if not what can I do about this fraudulant charge?
1 Answer from Attorneys
Re: Cellular Telephone Company's claiming a false 1 year agreement.
You're right about the "verbal agreement state" being bogus. If the contract doesn't explicitly say that there is an early cancellation fee, then there isn't one. Most of these contracts do have an early cancellation charge, so read the contract carefully.
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