Legal Question in Consumer Law in California

Wireless Phone Service Contract

I have a contract with a wireless service provider, for two wireless analog phones. The service is poor. We are constantly getting "no service" messages or other errors. I have talked to the company about upgrading to digital phones, but they won't do anything except give a new contract AND keep my original contract active. My question is...Can I cancel the contract(8 months left on a one year contract) for the lack of service that the company is supposed to provide? So far we have had three occasions that, although not Emergencies, have certainly caused problems that could have been avoided with working phones. I don't want it to come down to a real emergency and be stuck.

Thank you.


Asked on 8/28/00, 6:35 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Wireless Phone Service Contract

They will never agree to canceling the contract nor will they admit you have the right to. However, it sounds like you might have a good case legally for canceling the contract. I would argue that their failure to provide the promised level of service is a breach of contract on their part.

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Answered on 12/15/00, 3:00 am


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