Legal Question in Business Law in Maryland

breach of contract

I recently received a letter from Sprint, stating the early termination of my wireless contract due to excessive us of roaming as of July 30, 2007. I am currently subscribed to Sprint's Free Incoming Plan which includes:

# Long Distance

# 300 Anytime Minutes

# AMERICA - ROAMING Included

# Unlimited Incoming Minutes

# Unlimited Night and Weekend Minutes

# Nights: M-Th 9PM-7AM Wknd: F 9PM-M 7AM

# Caller ID, Call-waiting

# Three-way Calling

# Voicemail

The letter sent by Sprint states that at least 50% of my consumed minutes are made while I'm on roaming, and therefore is a violation to the agreed plan.

Since roaming is included in the service plan, why is Sprint imposing a restriction on the use of roaming? What are the basis that allow Sprint to terminate the contract without having to pay a fine or penalty? Would this be considered breach of contract?


Asked on 7/11/07, 4:50 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: breach of contract

There may be some restrictions on the use of roaming even though you aren't charged for it. Check the "fine print" in your contract, then call customer service for an explanation. If the letter was sent in error, they should be readily willing to retract it.

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Answered on 7/12/07, 12:25 pm


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