Legal Question in Consumer Law in New Mexico

consumer liability

I recently changed long distance companies and I had to call my local phone provider(Qwest) to request the change. As I was telling the representative who I was changing to, she asked if I had considered wireless service and began a dissertation on how cheap it was and how they had a promotion going on a cell phone with their calling plans.I asked her a few questions and she suggested I go to their website and review the phones and calling plans. She asked that I e-mail her with my decision. After reviewing the phones and plans, I e-mailed her back that I was not interested. Three days later, I receive a package from Qwest. I was on a long distance call when the courier arrived and signed for it without looking where it was coming from. I did not open the package and it remains on my floor unopened. I e-mailed the represntative back to ask what I should do with the package but she never replied. I now have a bill for $107.10 for a phone I didn't order and a calling plan I didn't request.

Qwest says I am responsible for the bill. I have saved all e-mail correspondence between us.

What are my rights in this situation? Qwest says it can send this bill to a collection agency and my credit could be damaged.


Asked on 9/17/01, 6:36 pm

1 Answer from Attorneys
Robert Scott Robert L. Scott, Attorney at Law, P.C.

Re: consumer liability

I would first advise you to contact your credit card company and report an unauthorized credit to your card. I would then contact the supervisor of the person you spoke to. I would also try to contact the customer service department. Finally, I would contact the state attorney general's office and file a complaint. Finally, keep everything in writing. Good luck.

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Answered on 11/06/01, 9:19 am


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