Help fighting With T-Mobile about a cancellation fee!?

Question

OK....so in June of last year i went into a T-Mobile dealer and signed up for a year contract and paid $100 for a phone. Fast forward to a year later and when i switched over to verizon....I was hit with a $200 cancellation fee. Well After numerous calls....I am being told I signed up for a 2-year contract (I specifically told the dealer that I did NOT want a 2-year contract...hence paying near or full price for the phone). So luckily I have a copy of the contract that i DID NOT sign. So i faxed this in......2xs....and they still want me to pay. What is my next step? I signed no contract....I have this proof. I know Sprint just lost a lawsuit for this sort of thing. Do I contact a lawyer....join a class-action lawsuit...or contact the Better Business Bureau. I have wasted countless hours on the phone with T-Mobile....time I would rather spend with my kids. Can I sue for some cash...or should I just get the fee removed somehow...and how do I evevate this?

Answer 1

Time to kick Chad's butt.  You have your contract in black and white, but, they are big bussiness.  What you need to do is go to the store, make a scene (dont use profanity, loud voice will do.  Make sure the store has alot of people in there.)  I almost garauntee the manager will take care of the situation.  If not your local news loves to get involved in these matters.

GL

Answer 2

As with any contract, the party that wants to enforce it has the burden of proof, in this case that you DID agree to a 2-year contract with a ridiculously expensive $200 "liquidated damages" for early termination.  Since they can't prove it, you can safely ignore them, after (as someone else suggests) advising them of their mistake, in writing.  Because it's their own fault, they cannot legally send your account to collection, and they know you can sue them for attorney fees and damages if they try.

Answer 3

If you have physical proof that you did not sign a 2 year contract agreement your first plan of action would be to work your way up the T-mobile Totem Pole. What I mean is work your way up supervisor's supervisors until you speak with a regional manager or something of the equivalent pay grade. Tell them you are not happy that you are being charged a $200 cancellation fee for a contract you did not sign. You do have a copy of the 1 year contract you signed correct? If not, it is going to be your word against theirs because an unsigned contract could be obtained in the store to read and does not necessarily mean it was yours. If that doesn't work contact the better business bureau. I recommend getting a lawyer only as a last resort because they would likely cost you more than $200 in retaining fees alone. Work your way up t-mobile's management and then go to BBB if no avail with T-mobile. Good luck.

Answer 4

Ignore T-Mobile. Stop calling them. Send a certified, return receipt letter requesting a copy of the "signed" two-year contract. If they provide one, then pay the fee, otherwise ignore them.

BTW, if a carrier changes the term of the contract anytime between the start and expiration date, you have the option NOT to accept the changes and cancel the contract within 30 days. This is a standard clause most people do not think about.