Canan unauthorized cell phone userperson lock me into a contract and am I legally obligated to pay the debt if it was the cell phone provider’s error?

UPDATED: Feb 22, 2012

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UPDATED: Feb 22, 2012Fact Checked

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Canan unauthorized cell phone userperson lock me into a contract and am I legally obligated to pay the debt if it was the cell phone provider’s error?

I opened a cell phone account in my name for a friend. It didn’t work out so I got the phone back and was going to cancel (and pay the ETF). Instead my sister wanted the phone so we went to the store to transfer the account. Instead of transferring they added her as an authorized user. 5 years later I get a call from a collections agent demanding $3,900 including $1,400 in ETFs for 7 phone lines.Can they hold me responsible for this even though I never agreed to adding the authorized user and never agreed to new lines being added or extension of any contract? How can I fight this?

Asked on February 22, 2012 under Bankruptcy Law, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you are obligated to pay the $3,900 demanded by a collection agency depends upon whether or not you signed a written agreement allowing the placement of your sister on the account or agreeing to added lines.

You need to remember that the collection company has the burden of proving its claim in any lawsuit.

Potentially, the full amount of the $3,900 claimed may be barred by your state's statute of limitations. I suggest that you consult with an attorney that practices in the area of consumer law about your situation and your liability for the $3,900 claimed.

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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