Legal Question in Technology Law in Georgia

Can I sue my cell phone company for breach of contract if they limit my data on an unlimited data plan. There is no clause in my contract saying that if they breach contract I cannot sue.

Asked on 12/15/12, 5:49 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office

Reread your contract (and the answer doesn't change just because you repost the same question). Every contract from ATT, Sprint, Verizon, T-Mobile, US Cellular and Metro PCS (and others) has an arbitration clause. So no you cannot sue.

Example from all Sprint contracts: "Your Agreement with Sprint includes, but is not limited to, the terms of your service plan (including those outlined below and set forth in the services guide and materials) and the most recent Sprint Nextel Terms and Conditions of Service ("Ts and Cs"). Carefully read all the parts of your Agreement with Sprint, including the MANDATORY ARBITRATION Provision and CLASS ACTION WAIVER PROVISION set forth in the Ts and Cs... We each agree to arbitrate all Disputes between us, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there's no judge or jury. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award damages and relief, including any attorneys' fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction."

ATT's (which has been okayed by the US Supreme Court): "AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);

claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement. "

Every other provider has a similar clause.

Read more
Answered on 12/15/12, 6:18 pm

Related Questions & Answers

More Computer & Technology Law questions and answers in Georgia