Expert: Jason Shear, Esq. - 9/16/2009

Question
Hi:

I hope you can help me.  I'm being deployed overseas.  I talked to my landlord and he has been very nice and is letting me out of my lease.  My only concern is that I have a cell phone contract.  
There is still a lot of time left on the contact.  The contract says if it is terminated early I will be responsible for early termination fees and other costs.  When I spoke to the people at Sprint they said they do not care if I am being deployed and that I have to pay the early termination fee.  

I read on other consumer sites that say Sprint sells its "defaulted" accounts to Cavalry Portfolio who trys to collect on the old Sprint accounts even if the person did not owe any money to Sprint.  I also know people personally who this has happened to with Calvary and Sprint.

Please help!  I do not have the money to pay the fee and I do not want my credit effected.  What can I do.  I live in Bronx, NY.
Thank you.

Answer
Daniel:

Good question.  Servicemembers may request the termination or suspension of cellular telephone contracts if they receive orders to deploy outside of the United States for a period in excess of ninety days or they receive permanent change of station orders, if execution of the orders materially affects your ability to use the equipment or satisfy the contract.  This right applies to contracts entered into prior to the date of the deployment or change of station.  Your request to terminate must include a copy of the orders.

The cellular service provider may not charge a termination fee or, in the case of a request for a suspension, a reactivation fee.  When you are deployed outside the continental United States and request a suspension, the suspension may not include a charge or requirement that the contract be extended.  The suspension lasts for the duration of the deployment.

With regards to Cavalry Portfolio Services, you are correct.  Cavalry does purchase defaulted accounts and then tries to collect on those old accounts even when the consumer does not legally owe money to the alleged original creditor.

Hope this answers your question.  If you have any follow up questions, please do not hesitate to ask.

Jason Shear
Attorney at Law
Shear Law Firm, P.C.
Admitted in NY & NJ
4160 Harlem Rd.
Buffalo, NY 14226
Phone: (716) 566-8988





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