Legal Question in Consumer Law in Florida

A mobile Phone

I had purchased a mobile phone from T-mobile and there was a little bit of debris in the corners of the front LCD screen but I didnt pay any attention to it because everything worked fine and I could see the picture. But eventually the debris started to get worse and worse. I could still see the screen and the LCD worked fine. I asked a dealer at the T-mobile store if there was anything I could do and she said probably not but if you want to send it in for a new phone its under warranty and it will only cost you $10 for the shipping. I agreed and she typed up the order and told me that the new phone will come in the mail and you can send the old phone in the same box and mail it back to T-mobile. I said ok and in about 4 days I recieved the phone, everything working in my old phone and took out the battery annd the Simm card and packed it in the foam to be shipped out the next day. About three weeks later I received my T- Mobile phone bill and there was a charge on the bill for $117.63. I was astounded to hear that they said my LCD screen was damaged and this charge was for my warranty fee. I had told them that the LCD screen was working and that there was no problems with the screen when I sent it out. What can I do about this.


Asked on 11/04/07, 9:31 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: A mobile Phone

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Call or write T Mobile and inform that what you were told when you spoke to the person at the store. If you can speak with the same person, he or she might be able to help you resolve the problem. If not, call the customer service and ask to speak with a supervisor. If you don't get this resolved, then go to the next higher step until you hopefully will get relief.

Scott R. Jay, Esq.

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Answered on 11/05/07, 12:25 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: A mobile Phone

The best you can do is write back and go over what you were told about the $10 fee and fight the rest of the charges. Going to an attorney would cost you more than the amount in issue unless you sued under the Unfair and Deceptive Trade Practices Act which provides for attorney fees. If you would like to discuss this further, please call me office.

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Answered on 11/04/07, 11:21 am


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