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Has anyone sued a utility co in Small Claims Court? I really want to get AT&T/SBC!


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I have many false charges on an AT&T/SBC bill and I am itching to take them to Small Claims Court (I have my Nolo book for California). How can I prove the charges are false? Such as, they charged me for termination fee for DSL that didn't work, they charged me for a home visit that was never made, etc.

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Such as, they charged me for termination fee for DSL that didn't work, they charged me for a home visit that was never made, etc.

Early term fees for DSL are part of the agreement. Unless you followed a very specific set of steps to claim a breach of the agreement under the implied warranty of merchantability, you will be stuck with paying it.

To get out of a contract due to poor service you must send a complaint about the service in writing and tell them that they have 15 days to correct the problem or you shall terminate the agreement for breach of warranty.

If you don't submit your complaint in writing, you will have no proof to show that your termination of the agreement was due to their substantial failure to provide the services for which you entered into the contract.

As for a home visit never made, again, if they show up for a scheduled appointment and you are not home, they can charge for it. It's in the terms of the contract. You would have to come up with proof that they arrived outside the scheduled window to get out of paying the fee.

I've been through this battle with AT&T/SBC and you really have to dot all your i's and cross all your t's when dealing with them. Your public utilites commission for your State should also be able to mediate the problem. Telco services are regulated in every State as far as I know and sometimes the threat of thousands of dollars in fines will get AT&T to bend.

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