Legal Question in Consumer Law in Utah

I signed up for Alltel's wireless internet card. I was told when I signed up that I had a 20 day, risk-free period in which I could cancel and return the card without a fee. I called after 7 days, was sent a return label for the wireless called and mailed it out within the 20 day period. However, Alltel is now saying they have not received the wireless card. The package was sent through UPS, but I have lost the tracking the number. UPS said that Alltel should have the tracking number, since they are the ones that generated the label. Altell says they don't have a way to get the tracking number and they won't cancel the line. They now want me to pay a $200 cancellation fee, as well as an extra $100 for the internet card. I offered to pay the $100 for the wireless card, but didn't feel I should be charged the early termination fee. What legal grounds do I have to refuse to pay the early termination fee?


Asked on 10/09/09, 11:37 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

You have explained the grounds. If Alltel will not accept your explanation, you will have to either wait for them to take you to court, or you can sue them to get a release from your contract. Do it in small claims court. Alltell may have an arbitration or mediation clause in the agreement. Review it and read the sections about default.

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Answered on 10/15/09, 10:11 am


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