Virginia  |  Telecomm Law

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7/24/09, 11:05 am

Legal Question


My digital television service provider is claiming that because a faulty piece of equipment was replaced, that I was tied to a 'new' two-year agreement. I was never informed of such (although they claimed that it was written in an email that was sent after the new equipment was sent out...), and in fact, at the time of the order, I had questioned about the charge of the equipment, as was told that it would be provided free of charge (other than a $20.00 shipping fee, of which I paid.) I have no written 'agreement', and they refuse to provide one for me. I have called their legal (arbitration) department, but they will not work with me until I cancel my service. However, if I do so, I will immediately be charged $340 in cancellation fees, of which I do not have! I have discontinued my auto-payment service with them, as my service is on a suspended status (I am paid in full for all services thus received), but am concerned that they will still charge my debit card. Is an email notification a legally binding contract??? And do they not have an obligation to provide me with some sort of legal document stating that I do, indeed, have an obligation to fulfill this contract (of which I am certain that I did not agree to!) ??


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