Consumer Law, Warranties Cell Phone Contract/Cancellation

[asolomo1]

I am in search of legal advice in relation to a Sprint cell phone contract that was entered into based upon false information provided by the Sprint representative when the contract was signed. My Fiance and I had seperate sprint plans (mine was 1 line and he had a 2 line) and were looking to enter into a contract for a family plan keeping our same numbers and getting rid of his additional line he didnt use. When in the store, we were told our contracts were up so we could do that at no additional cost. That was back in November 2008. When we got home we logged in online and saw that they never got rid of the additional line, they just added me to his exising family plan. We called in and they gave us the run around, but then said they would get rid of the line. It is now April 2009 and we are still are being charged. We called again and finally said forget it, we will just cancel the whole thing. They then admitted to their mistake and offered to adjust the contract accordingly (discontinue the line and credit the amount charged for the additional line). I, however, would like to discontinue use of their service and feel that I should have that option because they are at fault. They said that is fine but it will cost $190 per line to cancel. Should I have to be responsible for paying when a Sprint Representative falsefied information to make a sale and took us months of haggling and money and discontent before they would offer to correct their mistake? Please advise.

 

[Theresagail]

Yes, Sprint did the same thing to me and I signed a contract that If I canx the agreement before the time frame I will have to pay-- there is no where in the contract that states you can canx if they screw up--- so Yes you will have to pay regardless--

 

[asolomo1]

This cant be legal. What about the definition of Fraud below that I pulled from the Law Dictionary? My interpretation of this situation when implementing the definition of "fraud" is that fraud was committed and that would mean no "contract" truly exist, right? At least, that can be argued....... ?

Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact; and in matters of contract it is merely a defence; it cannot in any case constitute a new contract.

 

[Theresagail]

Try it, My trouble was it took 1.5 hrs just to talk to someone and that person did not even understand what i was talking about-- To me paying the 200$ was worth it to be done w. them-- You need to find some one w/ a brain ( that understands the trouble ie.. thinks outside of the script) then that peorson needs to have the authority to do something.

In the meantime Me knowing how people are, I did not want my 799 credit score getting ruined over 200$. But if you think you have a shot, then I will be rootin for you!

 

[asolomo1]

lol, thank you for your response and support. I will post an update after I get some further information and come to a resolution.