Posted: 6/24/2014 1:22:20 PM EDT
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Took my Dad to the Sprint store, went through the process to get service. Final amount was way too expensive, he cancelled the contract on the spot. Two months later he gets a bill for $400 plus. Seems they billed him $350 for cancelling the contract.
Anyone know what legal recourse he might have ? |
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Quoted:
Your probably right, thinking about it. But, if he did turn around and cancel, and they said " ok ", no charges. can anything be done? Did he pay it? I suspect fighting with layers will cost more than $350, and unless he's retired trying to represent himself is probably going to take a lot of vacation time (unless he's retired). |
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Depending on the state, and the type of contract, you may be able to change your mind, or "rescind” the contract if your decision is made within a specific time period. Whether there is a rescission period or not will depend on if there is a rescission clause in your contract. Even if there is no such clause, the laws of your state may allow it. Many state statutes stipulate that you have three days to rescind an offer, even after you agree to all the terms. Read more: http://law.freeadvice.com/general_practice/contract_law/change_contract.htm#ixzz35hFNO5sP Read the contract.  |
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First and foremost...every time you communicate with them, no matter the channels, make a note of it somewhere. Note date & time, means (and supplemental notes, like numbers and addresses), and any point of contact that you talked to. Anyone over the phone is probably not required to give their last name or employee #, so a first name is all you will probably get. Having that paper trail helps in the event that it goes to arbitration or court. Note that if you do decide to record calls know the laws of recording a phone conversation in both states.
Here's some good numbers and email addresses. Of higher-up people. If you contact them, expect them or someone from their office to contact you back. http://consumerist.com/2007/02/27/sprint-ceos-phone-number-and-25-other-sprint-execs/ http://www.sprintusers.com/forum/archive/index.php/t-49124.html First thing I would do is contact Sprint CS and request a copy of the (supposedly signed) contract. They have to provide you with a copy of this if asked. You may need to submit your request in writing, either via snail mail or via fax or some other method. They may return it the same way rather than give an electronic copy. They may provide it to you through their website. Having it and knowing the terms within is a huge step in deciding what to do next. I would be amazed that they would consider it finalized and signed without getting payment first. That may also invalidate the contract on the spot since any services within were not provided. Secondly, when doing so, make sure to express a desire to resolve the issue amicably. While it has no real power, when it comes to the aforementioned arbitration or court, it helps your side out immensely. Don't make promises, either explicit or implicit, that you're going to pay it. That can be considered legally binding and they could potentially use it against you. At the same time, don't threaten to withhold payment as that can be used against you. Third, understand that most CS places at large corporations like this have limited power. If you want something more, you have to go to the Office of the President. If you have a legitimate grievance, talk to them, since they have more power to do things. Fourth, posting on a public location does help. Explain your situation logically, rationally, and most importantly, CALMLY, on their social media locations. Facebook, Twitter, etc. Check it for proper spelling, punctuation, spacing, and everything. The more it seems like a professional, well-thought out post and not some pissed-off scrawlings, the better your response will be. It doesn't always work. I posted to UPS' Facebook page after they royally screwed up and the response I got was "sorry but we don't care". However there are plenty of cases of people posting there and getting a favorable response. Finally, IANAL. This is just my collection of notes and ideas I've collected over the years in dealing with bad CS, advice and ramblings from lawyers, and more. |