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Asker
Posted almost 4 years ago.

I feel that they broke their service agreement by not supplying me with a working phone. I would gladly have stayed if they had replace the non-working phone with any working phone, regardless of lesser monetary value.

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Asker
Posted almost 4 years ago.

Can I take this to small claims court?

Eric Lechtzin
Eric Lechtzin, Class Action Attorney - Philadelphia, PA
Posted almost 4 years ago.

depends on the terms of the arbitration clause. but if they are pursuing you for $400, bringing them to court may be a mistake. it's unlikely they will sue you over such a small amount, but they can counterclaim against you if you bring them into court. you can protect your credit rating by notifying the credit bureaus that the debt is disputed.

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Asker
Posted almost 4 years ago.

That's a great point. Really helpful!

Eric Lechtzin
Eric Lechtzin, Class Action Attorney - Philadelphia, PA
Posted almost 4 years ago.

You're welcome. Don't forget to mark answers as "Helpful" and "Best Answer."