Legal Question in Business Law in California

Termination of Contract

We have been customers of a big wireless company for over 5 years. We have always had ok service but recently we've been having some big problems with the cell phones not ringing and going directly into voicemail and then not being able to access our voicemail sometimes for up to an hour. This has caused us to loose customers. I've been dealing with this problem for over 3 months. I have had several trouble tickets open with everyone saying it is our phones. I've had the phones replaced and we still have the problem. We want to cancell our contract but I've been told that we need to pay 1800.00 dollars in early termination fees. Do we have any legal rights to cancell for non performance.


Asked on 3/15/04, 1:55 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Termination of Contract

Of course. They have breached your contract with them. They must furnish you with the service they agreed to. You are now released from the provisions of duty, required of you. Terminate. Be ready for a lawsuit, completely defensible.

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Answered on 3/17/04, 12:08 pm


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