Legal Question in Consumer Law in California

Can the cellphone companies legally bind a consumer to a 2-year contract when you upgrade your cellphone, collect upgrade fees but we pay for the cellphones (they guise the upgrade with rebates but they collect full sales tax on the units), actually every time we upgrade a cellphone, they add 2 months if you have an existing contract and if your contract has lapsed, when you upgrade they will tie you to a 2-year contract and if you won't honor it they will charge up to $200 for cancellation.

The contract is deemed onerous as it only protects the rights of the cellphone company and not the consumer.

Also they charge each telephone line under the family plan as a separate contract and will collect $200 for each telephone line cancelled.


Asked on 8/18/09, 12:05 am

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

"Deemed onerous?" By whom so far?

Only a court could rule like that. If you feel so, you should sue them. Or, get a class of plaintiffs together and get a class-action lawyer to file the lawsuit.

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Answered on 8/18/09, 2:16 am


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