Legal Question in Consumer Law in Illinois

I am with a cell phone service provider called simple mobile they offer an unlimited 50 dollar planon their website and a 40 dollar plan I asked about their 40 dollar plab and they told me that it is only unlimited up to 250 megabytes for data usage so then I asked about the 50 dollar plan they said it is fully unlimited and i asked so there are no data caps or slowing of speed for the data usage and they said no then I asked will my speed for internet be slowed down for any reason they said no I received a text today stating your service has been suspended due to violation of our terms and agreement so I called simple mobile and the lady I spoke to said I had used too much data and that is why my internet has been slowed down so I said that means simple mobile is not unlimited she said it is s long as the data usage is not unreasonable so than I said than why is it advertised as unlimited and she kept because it is when its clearly not which I see as false advertising can I sue them?


Asked on 3/18/13, 9:37 pm

1 Answer from Attorneys

Why do people want to sue when what they really want is to get the service they thought they were going to get at the price they expected to pay? First you have to read the incredibly complex service contract you electronically agreed to most likely, when the salesperson signed you up. Either it's unlimited, or it is NOT. Period. If the salesperson lied, that's one thing, but if the salesperson merely was "puffing", that's legalese for business lies that are allowed because consumers aren't supposed to rely on everything a salesperson says and a reasonable person is supposed to know or perceive the difference....and you should have known better. Anyhow, most service contracts require you to arbitrate disputes, which is a pain. The best way to approach this, however, is when you have a 1st level customer service rep give you some baloney about "reasonable" use (assuming the service contract actually says "unlimited") you tell them that is NOT ACCEPTABLE and that you want to talk to that person's supervisor. You keep going up the ladder until you get, if need be, the head of the company or their dispute resolution people. Threatening to cancel may be your best weapon if they don't have some kind of cancellation fee too. After all that if you don't cancel or get what you want, then you can think about taking a trip to the courthouse, paying money to file a lawsuit, having to pay more money to the sheriff to serve them, then showing up again and again to court dates, maybe getting the case dismissed because you should have filed for arbitration, and still not get what you want. Or you can try to problem solve this in the comfort of your own home....

Read more
Answered on 3/19/13, 11:22 am


Related Questions & Answers

More Consumer Law questions and answers in Illinois