Legal Question in Telecomm Law in Virginia

My digital television service provider is claiming that because a faulty piece of equipment was replaced, that I was tied to a 'new' two-year agreement. I was never informed of such (although they claimed that it was written in an email that was sent after the new equipment was sent out...), and in fact, at the time of the order, I had questioned about the charge of the equipment, as was told that it would be provided free of charge (other than a $20.00 shipping fee, of which I paid.) I have no written 'agreement', and they refuse to provide one for me. I have called their legal (arbitration) department, but they will not work with me until I cancel my service. However, if I do so, I will immediately be charged $340 in cancellation fees, of which I do not have! I have discontinued my auto-payment service with them, as my service is on a suspended status (I am paid in full for all services thus received), but am concerned that they will still charge my debit card. Is an email notification a legally binding contract??? And do they not have an obligation to provide me with some sort of legal document stating that I do, indeed, have an obligation to fulfill this contract (of which I am certain that I did not agree to!) ??


Asked on 7/24/09, 11:05 am

1 Answer from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Depends on the terms of the agreement and you might have an attorney review the documents for you and with you. You might send them a letter or have an attorney do so for you. If that does not work, you may need to file suit to get relief. This definitely sounds like a somewhat shady business practice. The threat of suit may get them to respond to you favorably. Good luck.

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Answered on 7/29/09, 5:21 pm


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