Is there a law that protects consumers from a cancellation feeif a company doesn’t offer a guarantee?
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Is there a law that protects consumers from a cancellation feeif a company doesn’t offer a guarantee?
I signed (2 year) up for satellite TV and I am very unhappy. What I expected is not what I received. They quoted me internet/phone through ATT but ATT will not honor it. The technician had me sign off in several places on his computer and explained to me what each were. However, there was o mention of a cancellation fee ($400). I’ve called 4 times but the supervisors unwilling to waive this fee. They do not have a guarantee.
Asked on December 26, 2011 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) First, you would only be liable for a cancellation fee if one was in the agreement(s) you signed; unless the contract contains a cancellation fee, you are not liable for one. Re-check your service, etc. agreements.
2) Attempting to charge a cancellation fee when there is none could be an unconscionable commercial practice which could lead the provider to be liable to you for additional money; check the "consummer fraud" law(s) in your state (or repost your question with the state).
3) Even if there was a fee in the agreement, if it was sufficiently hidden or difficult to locate or understand, it's possible that the fact it was hidden could be deemed a form of misrepresentation, and provide grounds to terminate--providers are not allowed to attempt to deceive consummers.
4) If you did not get the service you were promised, then that could constitute breach of contract (if it's in the service agreement) and/or fraud (if it was falsely represented to you before you signed up that you'd get this service, to get you to sign up). Either could provide grounds to terminate the contract without a penalty.
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