(Andy from New York) Last year I tried to initiate phone service with a major company. They were entirely incompetent to the extent that they never even managed to install the line. I never made or received a call. I never signed a contract, and never received a bill from them.
I have just learned that they marked a “charge off” on my credit report for $350. I plan to contact them to see if it can simply be removed, but do not trust them. If they refuse, what is my next step? Do I have grounds for a lawsuit?
Many thanks,
Andy
Dear Andy:
You appear to have grounds for a lawsuit, but there may be other means that may be used first. Lawsuits can be expensive and time consuming, and you would have the burden of proof. Still, if you are up for the challenge, go for it.
The Telecom provider has an obligation to fulfill the terms in the contract. It sounds like they failed to uphold their end of the contract, and you chose to cancel the service prior to implementation.
In terms of legal rights, you should review the terms of the contract to determine if any cancellation fee or other costs can be legitimately rendered against you. If not, then you can certainly fight it.
In regards to your experience, it may be well within the Telecom provider’s best interests to reverse the charge and clear any negative record from your credit reports. After all, they have a responsibility to provide the service as promised. If they failed to provide the service in a reasonable and timely manner, then you do have certain rights as a consumer to cancel the service.
I normally do not recommend calling, since you will likely be dealing with an underpaid and overworked entry level employee who has zero authority to act on your behalf. Instead, a formal letter signed and dated by you is likely to be reviewed by someone that has some authority. To further strengthen your chances, I recommend sending it via Certified U.S. Mail so that you have proof that it was received. Such proof is important should you decide to exercise your legal options.
In your letter, you should be polite and assertive, state your case, explain your frustrations and specify the expected resolution. You should also list any steps that you are willing to take to escalate the matter should it go unresolved. These can include a formal complaint with the New York Attorney General, a complaint with the Federal Trade Commission and a complaint to the New York Public Service Commission. Filing a complaint with the Better Business Bureau can also be helpful. Ultimately, a lawsuit could be your final step.
Of course, feel free to exercise your right of free speech by publicly documenting your ordeal with the provider. Sometimes the shame of incompetency and anti-consumer behavior can cost the entity far more business than the $350 they are trying to take from you!
