Legal Question in Civil Litigation in Tennessee

Cell Phone Fraud

I signed up for a cell phone account with a major carrier through a representative on eBay two months ago. I thought they were an authorized representative. I did not use any false information to open the account. The carrier cancelled my account today because the account was opened with fraudulent credit information. The carrier refuses to refund any of my money. I never paid the individual any money, just the carrier. This included two months of service, two new cell phones, two activation fees, taxes, etc. They also told me that I could not use the equipment if I opened another account through an authorized representative nor would they refund my activation fees or apply them to a new account. I had no knowledge that the account was opened fraudulently and it seems to me that the carrier received all the benefits even though fraud was involved and I'm out $672.00. My question is: Do I have any legal recourse with the carrier? And if so, should I try small claims court?


Asked on 7/14/04, 4:30 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Cell Phone Fraud

You probably do have some recourse, although the reason why the carrier is unwilling to work with you bears some fleshing out. You could pursue your claim in general sessions court or you could seek other similarly situated individuals who want to prosecute a similar action against the carrier. It is doubtful that you are the first or the only person to be treated in this manner.

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Answered on 7/14/04, 5:14 pm


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