Consumer Law, Warranties Services contract termination

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wgarygo

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In June 2008 I signed up for wireless broadband service in an attempt to control costs since I am retired. I was using the service for my computer and for an internet phone. The internet worked fine, but the phone service was very poor, although the quality would go up and down. I considered terminating the contract shortly after I started using it, but decided to use our cell phones when the service was so bad that it was not usable

I contacted technical support several times. The company sent out a technician 2 or 3 times with the indication that there were things that they could do to improve the phone service. The last time or two that I contacted them I indicated that I would be canceling the service unless they were able to significantly improve the service. I was under the impression that the contract was for one year and I had a few months to go till one year would be up, so I thought that this would be the time to terminate the agreement.

When I did give them formal notice that I would be terminating I was informed that in the fine print in the contract there was a requirement that the termination had to be in writing at least 60 days prior to the one year anniversary or the contract would automatically be renewed for another year.

So they billed me for about $250, the penalty for early termination.

About this time I did a search on the Internet concerning the company and found that the Better Business Bureau rated the company with an F rating, the lowest rating possible. Several people had complaints of poor service and other similar problems. Also two other reviewers on the Internet had nothing but bad things to say about the company. I found no positive reviews on the company.

About this time I looked more carefully at the contract and found that it contained disclaimers of implied warranties of merchantability and fitness for a particular purpose, which probably comply with the requirements of the UCC in Idaho.

I did challenge the charges through my credit card company and the company provide a copy of their agreement containing the requirement for written notice of termination and the credit card company terminated my challenge. They did indicate that I can reopen the challenge by sending them a letter explaining my position.

So my question is should I just give up and chock it up a a lesson learned concerning the importance of reading the contract more carefully before I sign it or is there some argument that I can make that will possibly win the day. I sort of hate to see a sleazebag company like this continue to rip off customers who sacrifice service quality for the chance to save some money.

Any comments will be appreciated.

Gary Goodson
 
Big companies hate this tactic. Go to the Secretary of State's website and look up the Registered agent for the company. Send him/her a certified letter stating that they must forgive the $250 and cancel your service because their own poor performance or you will go to small claims court to recover damages.

If they don't listen take them to small claims court and sue for all you payments from last year. Their lawyer will call and settle out with you. They hate sending a lawyer to small claims. Good luck.
 
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