"Ask a Lawyer"- Can I get out of my cell phone contract?

My cell phone coverage is weak in several areas where I regularly travel around the state.  What are my rights if I want to get out of my cell phone contract?         – Brandon, Jasper

Brandon, you probably do not have legal grounds to cancel your contract under these particular circumstances without incurring early termination fees. 

Cell phone carriers make money in two ways. They sell prepaid plans, allowing you to pay for your usage in advance. Or, they require that you sign a contract agreeing to pay for a set amount of monthly usage. Contracts commit you to an extended period of service, usually two years.

Cell phone contracts are “adhesion” contracts, meaning that the carrier provides essential terms that are not negotiable, typically one-size-fits-all for most of the agreement. The contracts typically contain the same essential language for every customer. If you want the service, you have no choice but to sign the contract without any changes. There’s no room for negotiation.

Cell phone contracts usually don’t require that the carrier provide you with excellent service. Some even contain language stating that they don’t have to. The Contract is more about what you must do during the life of your plan, such as pay your bill on time. They don’t guarantee that the network will always be available or that the service will never drop calls, etc.

If you want to end your relationship with your carrier before your contract expires, most carriers charge early termination fees (EFTs). These fees can be expensive. To get out of your contact early, you’ll have to pay this money. Your contract is legally enforceable, and as long as your contract includes terms for an ETF – and most do – the carrier can sue you in court to collect.

Customers do have some rights. You can legally break your contract without paying an ETF if the carrier introduces a “materially adverse” change to the contract. Materially adverse changes usually involve small extra fees that didn’t exist at the time you signed the contract, or rate changes. If you agreed to pay $110 a month when you signed the contract, your carrier can’t increase the rate to $115 after a few months, unless the contract mentions the potential change. If not, the contract becomes void and you can usually get out of it. You can also argue in court that the terms of your contract are misleading or grossly unfair. However, these lawsuits are difficult to win. You’ll probably need the help of a lawyer.

The law surrounding cell phone contracts and many other consumer contracts is complicated.  Unfortunately, companies that write these contracts write them in complex language and often include fine print that favors the company, not the consumer. Given the amounts typically involved, a consumer with a valid grievance can in many cases have his or her dispute resolved in small claims court.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

If you have any questions about any other legal issue, give us a call (205-387-7777) at Nelson, Bryan and Jones for a free consultation.

"Ask a Lawyer" - Do I need Rental Car Insurance?

My family is taking a vacation to Disney World this summer.  We are flying down there and renting a car.  I never know what to do regarding insurance on the rental car.  Am I covered if I have an accident?  
Bradford L., Sumiton

Renting a car is not something most people do on a regular basis unless you travel frequently. A person renting a car may risk being involved in an accident in a rental car due to being unfamiliar with both the vehicle and the area where they are driving. Accidents can also be more difficult to report because people there are more people involved including the rental car company and its insurance company.

Right to Assume Rental Vehicle Is Safe to Operate

There is a special duty placed upon on a rental company to ensure that the vehicles they rent are in a roadworthy and safe condition. The car company should inspect vehicles prior to rental since it is responsible for injuries directly caused by known defects or those that a reasonable inspection should have discovered.

It is also wise for you to perform a quick inspection of the vehicle before driving it. Do this before leaving the agency’s grounds and report any dents or damage to the car that do not affect its drivability. You are not obligated to do this, but if the agency attempts to charge you for damage to the vehicle when you return it, you will have protected yourself by reporting the damage ahead of time.

Insurance when Renting

Your current insurance policy will most likely provide some coverage when renting a car.  However, check with your insurance agent before you rent a car. There may be some gaps in coverage.  If you do not have any coverage, you can usually buy additional coverage from the rental company. If a credit card is used to pay for the vehicle, the card company may also offer some limited protection.

If you have an Accident

Reporting an accident with a rental car is very much the same as reporting an accident in your own vehicle:

·      Report the incident to the police.

·      Report the incident to the rental car company.

·      Do not offer to pay or settle without the consent of the rental car company.

·      Do not admit liability.

·      Assist the rental car company with any statement or information that they may need.

·      Call your insurance agent also and make a claim under your personal car insurance policy.

·      Seek medical treatment immediately if you are injured.

How a Lawyer Can Help

If a problem with the rental car caused or contributed to the cause the accident, a personal injury attorney can help you determine if you have grounds for filing a negligence lawsuit against a car rental company. Also, a lawyer can assist you in getting full compensation for your injuries.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer" - Lemon Law

I recently bought a truck and it has been back to the shop four times for transmission failure, and it still isn’t fixed.  Do I have a claim under the lemon law? – Mario, Jasper

Mario, the answer depends upon whether you bought the truck new or used.  If used, the Alabama Lemon Law does not apply and you probably don’t have any recourse because most used cars and trucks are sold “as is,” meaning that if the car or truck has problems, they become your problems and your responsibility when you sign the sales paperwork. Some used cars are sold with a dealer’s limited warranty such as a thirty day warranty, in which case you might have a claim under state warranty law if problems were occurring and reported during the warranty period are not fixed.

If you bought the truck brand new, and the problems occurred within 12 months or 12,000 miles, you may be able to use the Alabama Lemon Law to obtain a refund or replacement of the truck. First, if the manufacturer’s authorized dealer has been unable to repair the problem, you must report the problem in writing to the manufacturer before the expiration of a year after purchase or 12,000 miles, whichever occurs sooner, telling the manufacturer about the problem(s) and demanding that the manufacturer schedule a “final repair attempt” for a last chance to fix the problem. Send a certified letter to the warranty compliance office and enclose a copy of your service receipts with a description of the problems and the number of times the truck has been in the shop.  If the same problem has been subject to repair attempts three or more times, and the problem significantly impairs the use, safety or value of the vehicle, then you have a viable lemon law claim.  The manufacturer can be required to refund your money or replace the vehicle.

If problems occurred within the manufacturer’s warranty period but after the expiration of the first 12 months or 12,000 miles, you may not qualify for relief under the lemon law but you may still be able to seek relief under other laws that protect consumers when there has been a breach of an automotive warranty. Also, if you purchased a pre-owned but “pre-certified” truck there may be relief available under consumer protection laws other than the Lemon Law, but the manufacturer will not be required to repurchase or replace the truck.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

If you have any questions about any other legal issue, give us a call (387-7777) at Nelson, Bryan and Jones for a free consultation.