Thursday, May 20, 2010

Can I sue a phone card company?

I purchased a phone card online to make an emergency call to France but it did not work and I had to make calls through expensive long distance system where I don't have a monthly plan. It cost over $300 phone bill and I’m trying to get them to pay me back for my losses, but they refuse to pay me.





Can someone tell me what I can do? Can I sue them? Aren’t phone card company liable for your losses if their phone cards doesn’t work? Please tell me what I need to do.

Can I sue a phone card company?
You may sue them. A judge would have to determine if they are guilty of any sort of fraud, however.


I would suggest you go to your local county courthouse, and ask for the "Small Claims" department. They can't really give you any legal advice there, but they will have pre-printed forms. The cost is usually minor. You'll need to keep very accurate records, and bring them all with you. Start keeping a list of all the contacts you've made with the phone company you are trying to sue, the phones you tried to use, and the places from which (and to where) you were calling. Re-read, and get a copy of the documentation from the phone companies web site. You are looking for certain key phrases like " . . . will save you money . . . " or, " . . . can be used for travel . . . " or any other particular phrase that pertains to your case. If they had a good attorney, you won't find any of these, but what you are looking for is some promise they made that assures you there would be no problem. Even a phrase on their advertising that says, "Easy to use" would be useful. When you have all the documentation ready, go to the courthouse, and file a claim in small claims. You'll be given a court date several weeks (or months) away, and then you'll need to send a copy of everything you have to the phone company. They are required to respond. If they don't, you need to take that information with you when you actually appear before the judge.


Good luck. You just might get your $300.00 back--but don't count on it. It would take a sympathetic judge, and a very clever argument.
Reply:Yes. If someone does business where you live, you can sue them in the local court - small claims in this case most likely.





Whether you win or not is another matter and if you do win, getting paid is even harder.





Try contacting your state attorney general's office (or your state legislator's office of constituent affairs) to see if they have any way to help you deal with phone card companies.
Reply:You may be able to dispute the cost of the phone card if charged to a credit or debit card. Call the issuer and see if they can help you.

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