Can I sue my cell phone company if I am being forced to get a new phone and service contract?

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Can I sue my cell phone company if I am being forced to get a new phone and service contract?

I have been with my cell phone company for over 6years. I currently have a cell phone that they will no longer be able to provide the internet for effective in about a month. If I don’t have the internet my phone will not work properly; it’s a smartphone. The only compensation that they are willing to provide is giving me a phone at 50% discount but to purchasing the phone I will be locked into a 2 year contract. Is this legal?

Asked on March 30, 2011 under General Practice, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well I might not use the word "legal" or "illegal" here but rather I would suggest that you read your contract with the cell phone provider and see what it says.  See if it addresses the issue you have being that they can no longer provide service that you contracted for.  It may very well be a breach of contract here and if that is the case then your contract seems to be void or voidable and you may be able to get out of the agreement at this stage of the game.  But you really need to investigate what is happening and how it will effect the contract.  Maybe have someone take a look at the agreement for you.  Good luck to you. 


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