Any lawyers or law students around that can offer legal advise?

Anyone that can offer legal advice or even just personal experience on terminating a cell phone contract early without paying the cancellation fees?
Basically, here is the story. My wife got a new smart phone in June. A very short time later, the phone suffered a software issue not allowing it to charge. A replacement was sent, which immediatley upon arriving had the exact same issue. Another phone was sent, which suffered another software issue that had the phone sending text messages to random contacts completely on its own. Another replacement phone was issued, which was then sent to a completely wrong address, not even in the correct state. Another one was issued, which we got today, and is completely the wrong phone, one which would be considered a downgrade. Throughout this process, the cell phone provider told her false statements (which were complete downright lies) about the policies of returns and software update issues concerning the phone manufacture. They were lying about the policies to cover up the fact that the policy issues were with the carrier, not the manufacturer.
During this entire process my wife has only had a properly working phone for about two weeks since June, and much of the time has had to go without a phone completely.
During this entire time the carrier has held her to full and complete monthly bills, and today we learned it will be $450 to get out of her contract. What laws exist to protect the consumer in situations like this in which the merchant is not fulfilling their end of the contract? It doesn't seem rightful or just to be able to charge someone for services not rendered. We have already filed with the BBB and the FTC, both of which have launched inquiries about the situation. Any other routes to go or other suggestions?

 

How long have you been in contract with them using the new phone? Almost every state has a period in which you can terminate the contract for any reason. In California it is 15 days, however, many states it is 30.

Further, if anything in your contract terms has changed, they must issue you notice. Usually this happens via a post on their website, email, or letter sent to your billing address. This is an opportunity to break the contract, as they cannot change the terms without you "accepting them" which likely they have "implied consent" unless you bring it up with them. Something to check for.

Further, you can sometimes go to the retailer that sold you the phone (If you went 3rd party [ Costco {Some salvation here as Costco is a "member service" and while the company that sells their phones (Wireless Advocates) is 3rd party, Costco is the big boy in charge and will force them to amend the problem}, Walmart, "Authorized Retailer"] then you likely screwed) find the most senior person around, plead your case, take note of times and manager names, and all interactions. Attempt #1. If this doesn't work contact the district manager, irregardless of what they tell you this person can terminate your contract, and repeat. Take notes ect. 3rd time round, just keep pushing up the chain in customer care as high as you can and give them a big assertive diatribe including all the previous information you have taken note of. Somewhere along the way, with enough pressure, they will likely realize it costs them more to keep dealing with you, than just letting you go.

Worked in wireless sales for a while and this almost always worked for our customers.

Good luck dealing with the Devil.

 

I had this exact problem a year ago. 9 phones over a year. I know here that a judge wont award any more than $200 to cancel a contract. I have twice got out of contracts by giving them 200 and telling them to call a lawyer if they want the rest. However I am in Canada, but there may be something like that in your state. I have heard that the gov is gonna step in on these cancellation fees but it hasn't happed yet. It's a real pain because the phone defects fall to the manufacturer so technically its not the providers fault. Which should be complete BS, I had to go to walmart and buy the cheapest phone they had as a back up, so that when I was waiting for a new phone to arrive I still had a way of communicating (cell was my only phone).
Best of luck getting out of it,
Jake