Am I entitled to cancel my mobile phone bill contract due to misrepresentation?

UPDATED: Feb 22, 2012

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Am I entitled to cancel my mobile phone bill contract due to misrepresentation?

I signed up for a 30 a month contract. I have the physical contract in my possession. I received my first 2 month bills which informed me I was on a 50 a month contract. After contacting the company they informed me I was on the 50 a month contract on their system and refused to change it. I produced my physical contract and they backed down. They now want to continue charging me on my original 30 a month contract but I wish to cancel the contract without penalty due to loss of all confidence in the company. Am I entitled to do this as it was misrepresentation and negligence by the company.

Asked on February 22, 2012 under General Practice, New York


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It was not a material breach. They fixed the error when you produced the original contract. They have not siginificantly or materially breached your contract by including anything like other fees or failing to provide adequate cell phone coverage and the like for you. So the best bet is to monitor the company, stay on top of them and make sure you get the most out of them with respect to your services.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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