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Is the recorded by phone contract with phone company valid if there were no terms and conditions were said consumer did not know

Stroudsburg, PA |

After two weeks with the phone company I wanted to break contract for few reasons: my phone was not connected for 10 days after request, there is 5 days of period when i can change my mind about contract; they sing me up by phone without saying anything about terms and conditions assuming I know them, after 14 days being in contract I wanted to switch the phone company who doesn't provide good service, now they black mail me by very high $1200 early termination fee to stay with the existing contract. I am single mother with very limited income on the welfare trying to downsize my bills and trying to get as much help with the bills as possible. This phone company does not participate in lifeline program. What should I do?

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Attorney answers 1


This area of the law is a bit tricky, however a number of defenses do exist to a contract (e.g., lack of performance-meaning the phone company has not provided the services they said they would; unconscionability-if the terms of the contract are so unjust that it shocks the conscience, ambiguity/conspicuousness-if the terms of the contract are unable to be reasonably determined, etc.). It sounds as if you have identified a number of issues already (i.e. that the 5 day recission period was exhausted before the services ever went live, that the fine print terms were never provided). If you cannot afford an attorney to address this problem this you may find some assistance through the attorney general’s office or you local senator or state representative, even the news troubleshooting division. Another resource might be an area law school, they sometimes offer free advocacy, Best of luck

Stew Crawford, Jr., Esq.

Crawford Law Firm
A Full Service Law Firm Serving Individuals and Families in Pennsylvania and New Jersey

223 N. Monroe St.
Media, PA 19063