Can I sue a telecom company if I used their servicebut after cancellation I was not given a full refund?

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Can I sue a telecom company if I used their servicebut after cancellation I was not given a full refund?

I have bought a calling card for calling overseas from US from a telecom company in internet and used it. While purchasing, I saw the conditions listed in the website and it said if my usage is less than X minutes within 30 days, I can cancel the service and the amount will be refunded. I cancelled the service within 30 days and my usage is less than X minutes. But, I did not receive the full refund. Please advise whether I can sue the telecom company?

Asked on August 27, 2011 California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Contracts, service agreements, etc. are enforceable as per their terms. If you complied with all the terms for a refund, yoiu should be refunded. The first thing you should do is to double check all the terms--for example, does it allow them to only refund the unused portion and keep a payment for th time you used? Or is there some other limitation which could account for you not getting a full refund. If there are grounds for them to keep some of the money under the agreement, they may do this.

Second, though, even if under the terms of the agreement you are owed more of a refund than you received, it may well not be worth pursuing. The only way to get the money you may be owed would be to sue--but you can't sue for more than the difference between what you received and the full amount of the refund. (E.g. you can't get "pain and suffering," punitive damages [most likely; punitive damages are only rarely awarded] or any other recovery beyond the actual amount of extra money you claim they owe you.) Thus, bringing a lawsuit could easily cost you more than you could recover.


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