I know anyone who replies to this is not my lawyer and I should look for a lawyer from the NJ bar association but I wanted to throw this out to see if I should even hire a lawyer
On 6/29 I verbally agreed over my cell phone after calling customer service to extend my cell contract at the end of my billing cycle (7/15) to switch to a new calling plan
On 7/1 I decided not to go to the new plan and they agreed to keep me on the old plan however they are requiring me to keep the 1 year extension of the contract I agreed to
I believe because I did not receive the plan I switched for (plan change was never completed) I can cancel the conract agreement.
From what I have read federal law gives me the right to cancel a contact for goods or services valued at over 25.00 if the contact was made with a salesperson in my home or any other place otherthan their place of business. And I have three days to provide written notice of cancellation. That three day period would be over today. I have called them to notify them I will be giving notice and I will be faxing and E-mailing today
Am I understanding the law correctly. I am a New Jersey resident
The Customer Care people said they did record my agreement but I have no proof of that. I’m not concerned about prosecution but want to be able to leave them for a different cell provider if I get a better offer which they won’t match
If there’s nothing in writing or of record to show the purported contract was made, and if no part of the “contract” was fulfilled, the “Statute of Frauds” comes into play since the consideration for the contract was substantial.
That said, the telephone company cannot pick and choose which portions of the “contract” are binding and which are not. It either has to accept the “contract” in whole or vitiate it in whole and enter into a new contract.
I don’t have the cite to the federal law you’re thinking of, but I doubt if it applies to a contract which you initiated. That law was to protect the consumer from “hard sell” salespersons.
Which statute of frauds are you referring to? The UCC Article II one? That would only apply to a contract for the sale of goods, not services, even if the value was over $500.
There is no general statute of frauds that requires that contracts be written. Rather, states have various statutes that apply to specific types of contracts only. I’m unaware of any state that has a general statute, unless you count an obscure UCC Article I section, but that isn’t really a statute of frauds.