Legal Question in Tax Law in Texas

Wireless contract cancellation possibility?

Due to a technical problem with their web site, Cingualr Wireless debitted my account twice for one bill, once as a ''Check'' transaction, and once as a ''Credit card'' transaction. When I called them to correct it, they refused to help me. I was treated very rudely and at one time was told it was probably my own fault for pushing a button too many times. I was told since it was done online, NO ONE could refund my money back to me unless I wanted to wait several weeks for a check. This has the possibility of causing things in my account to bounce. I was pretty much reduced to tears as I was blamed, the system was blamed, I was treated very rudely and not even apologized to for my issues with their company. I pretty much see it as they stole money from my bank account. I was wondering if there might be anyway because of their treatment of me that I can get out of my contract. I feel I should be treated better than that. I've been with them over 2 years and have never been late or caused any problems. A link to their contract is:

http://onlinestore.cingular.com/webapp/wcs/stores/servlet/ES_AUX_PLAN_TERMS.jsp?storeId=14651&langId=-1&catalogId=14651&storeAlias=houhou

Thank You,

Laura


Asked on 11/06/02, 1:50 pm

2 Answers from Attorneys
Robert Forrester Gibson, Ochsner & Adkins

Re: Wireless contract cancellation possibility?

Where are you located in Texas? Cellular phone service is so competitive today that they will bend over backwards to accommodate you. However to get a refund from such a large company like that can take as long as the person told you. The length of service under the original 2 year contract may be up already. It will wash itself the next billing cycle but that may be too long for you. Good luck

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Answered on 11/06/02, 1:56 pm
Lawrence Maun Lawrence J. Maun, P.C.

Re: Wireless contract cancellation possibility?

Nothing you can do will remedy this problem immediatly. You could take the position that Cingular breached its contract with you, but before doing so read your contract very carefully to determine your rights. If you stop paying they will probably sue you and you must be prepared to prove they breached. You could also sue for the overpayment in small claims court, where you don't need a lawyer. Before you do this again read your contract carefully. Larry Maun 713.266.2560

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Answered on 11/06/02, 2:45 pm


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