QUESTION
If a cell phone provider has an outage and can't provide service, does that nullify the contract?
Asked on Feb 04th, 2013 on Contracts - Florida
More details to this question:
My wife has a contract with Sprint. On 2/3 her phone could not make calls or receive them. After numerous calls to Sprint and a visit to their store, it was found they are having a tower issue. Can we get out of the contract without any legal obligation because they have been unable to provide service or a resolution, it's been almost 24 hours. Thanks
2 ANSWERS
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Typically, the answer is NO. This would not amount to a "material" breach on a 24 hour or even several day, tower issue. If, for some reason, they permenantly could not provide the service promised to your area, for example, you might have other arguments like mistake or fraud in the inducement to raise as defenses.
Answered on Feb 05th, 2013 at 9:38 AM
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Yes. You might be entitled to an abatement of fees, but your contract will have a clause indicating that service interruption is not a breach. Your Public Utility Commission is responsible for oversight of this type of issue, if it is a persistent problem, first complain to the company, then to the PUC.
Answered on Feb 04th, 2013 at 4:10 PM