QUESTION
can I sue Directv for misleading my father and selling him a product that he didn;t know he signed up for. after 21 days he cancelled.now ischarg $480
Asked on Nov 03rd, 2015 on Breach of Contract - Kentucky
More details to this question:
my father hardly speaks english. He was trying to find a way to save money by calling a rep about a bundle. The rep told him it would be cheaper than what he has now. He told me that he didn't know what he was getting. He didn't know if he had a contract or not. When the installation tech came to the house , my father ask if he can cancel and the tech says that my father has 30 days. So 21 days later after reviewing his bill he cancel from the information the tech told him. Now his is charge $480. I called the representative for Directv and they said they sent him a contract via email and mail. I asked how they would know if he recieved it or not. My dad hardly speaks english and I think he got taken advantage of. I ask him questions on how the bundle works he couldnt answer. He doesn't fully understand exactly what he was getting. He didbn't know he had HBO etc.
1 ANSWER
Your father may have a claim; you do not. Your father can claim that he was fraudulently induced to enter into the contract with Directtv, but he will have an uphill battle to avoid the provisions of the written contract. Unless you are your father's legal guardian or conservator, or he has given you a power of attorney, you can't sue for him, and even in those cases, your father is going to have to testify, as he has personal knowledge of the relevant facts (e.g. who said what to who, what he understood, why the person he spoke to should have known that he didn't understand the transaction, etc.) and you do not. I think that you may get further going through consumer advocacy channels than in court (e.g. try to get a consumer reporter interested, complain to the better business bureau, etc.), as Directtv may fear the bad publicity if word of this spreads, but you can do both.
Answered on Nov 04th, 2015 at 8:28 AM