Legal Question in Business Law in Virginia

Omission on data contract

Our company was quoted $210/month for data access. We have the original quote, with a complete breakdown of all charges.

After the quote was approved, we signed the two year contract. The contract covered many more services than just data access.

We are now in year 4, and after auditing the bills, I have found that the quoted $210 was never put in the contract, and due to this omission we were charged MUCH higher tariff rates each month. The total of overcharges is close to $100K.

In the quote we were also promised a review of the first invoice, something that was never made good on, ofcourse.

I have tried to resolve this with our ISP, but I am getting the run-around. They have managed to drag this on for 6 months, and I am not getting any further.

Do I have a legal leg to stand on?


Asked on 3/10/05, 11:14 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Omission on data contract

It depends, but you should certainly have a lawyer review the quote, the contract, and the invoices. If it's $100K, it's certainly worth a look.

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Answered on 3/11/05, 7:55 am
Jonathon Moseley Jonathon A. Moseley

Re: Omission on data contract

As typically happens in the law, your problem will not turn on the legal possibilities (the legal theory). The question is what you can prove. In theory, yes of course you could sue for a refund of the $100K. The question is going to be the evidence you have and whom a judge ends up believing after listening to a did-too/did not debate from both sides. Also, to the extent that you seem to have acquiesced in the higher price over time, this could be a problem, or if you actually consumed more services than the original quote covered. But in theory if you were overcharged, you can certainly sue for a refund.

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Answered on 3/12/05, 2:03 pm


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