Can a cell phone company continue to bill me for cell service if Itried to cancel 2 months ago?

UPDATED: Jan 11, 2012

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Can a cell phone company continue to bill me for cell service if Itried to cancel 2 months ago?

Told contract expired, so we called and asked for it to be cancelled when it ran out. Company said they couldn’t cancel it because we had an outstanding balance. Now we are paying $50 a month for services we aren’t getting because they refuse to cancel the account until its paid.

Asked on January 11, 2012 under Bankruptcy Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, your cellular phone provider can continue to bill you for continued service even though you cancelled, or at least tried to cancel the service several months ago. That does not mean that its practice is legal.

In your situation, I would write the cell phone company's representative about the problem you are having and the desire to have cancelled the service a long time ago. Keep a copy of the letter for future need and reference.

You might want to lodge a complaint with the Federal Communications Commission (FCC) that oversees cellular phone companies about the situation you are in. From what you have written, your cell phone provider may be engaging in improper practices by refusing to cancel your service at the end of the contract and to continue bill you for it. I suggest that you may also wish to consult with an attorney who practices consumer law.

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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