AboutCharles W. Field Expertise Georgia: I have a general civil practice in Georgia. I represent mostly individuals and small businesses. I perform a wide variety of legal services, from wills to business and personal litigation. I have a large personal injury practice.
Question Hello Mr. Field,
I purchased a T-Mobile cell phone around 06/04. and cancelled service a couple of months later when I quit a job where the phone was no longer needed. I was not told of the early termination fee,($200.00), if I didn't pay for 12 months service.
A credit agency bought the indebtedness from T-Mobile. They were calling me daily to pay $344.00(includes early termination fee). After faxing T-Mobile a request for documentation showing I signed an "early termination contract", I've heard nothing from them. Someone, (outside of T-Mobile), informed me that simply activating the phone would mean the same as signing the contract.
After informing the credit agency I needed to consult with counsel, a rep. said they would cease calling, but they would begin calling again on 11/17/04. They've resumed calling anyway at least every other day now.
My query is whether I am liable to this credit bureau for the entire $344.00, or just the "actual billing" portion of this figure,($144.00)?
If I am liable for the early termination fee, what is the minimum anount I could agree upon with the credit agency to pay back per month?
Thank you for any counsel.
Sincerely,
Michael D. Eidson, LAc.
Answer Your rights and obligations are determined by your contract. I am not familiar with T-Mobile's contracts. It may be true that just by activating the phone you agree to be bound by the terms of their contract even though you didn't sign one. I would advise you to consult with a local attorney who can review your written contract, if there is one, and the other literature from T-Mobile.
