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Hi all,

I have a question for y'all. Doesn't a company have a legal responsibility to fulfill promises made by its employees, even if it is contrary to their policy?

My situation is this: I bought a cell phone package and one of the things the salesman said was that there would be no activation fee. I got my first bill and the charge was on there. I called the store and talked to "my guy", he apologized and said he would credit my account $50 to cover the charge and for my hassle (the fee was like $36 or 38), and to go ahead and pay the bill. I said "cool" and paid the bill. Next bill, no credit. I called again and talked to another schmuck who said the first schmuck got fired (didn't say why) but he said that he would honor this credit and he would take care of it. Got my bill last night and still no credit. I called the store again and eventually ended up speaking with the "Regional Manager". She said both of the first two schmucks were fired because it is against company policy to credit accounts like that and she used the word "fraud" several times. I said fine, give me my credit then. She refused citing company policy.

The gist of my argument is the debate should be between her company and those two salesmen. And NOT between me and her company. She disagrees and actually told me where the first schmuck is working now and suggested talking to him directly to get my money. I got a bit upset at that suggestion.

Since both guys were legitimate employees of the company shouldn't that company have to honor these verbal agreements? The lady I talked to said no because it wasn't in writing. "He could have promised you a new car, but its not in writing." I understand her point, but a verbal agreement is still a binding contract, isn't it?

I guess my real question is this: we all know what the "right" thing for the company to do is, and what they should do from a customer service point-of-view, but do they have any legal obligation here?

I've never filed in small-claims court before and all I would want is my promised $50 + costs 8)

Sorry for the length, wow venting can be sooooo therapeutic!


Thanks in advance,
pikapp383
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Sounds like time to either take the phone back or send a letter to 'Regional Manager's' Boss.

--Ben
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...send a letter to 'Regional Manager's' Boss.

I agree with Ben. Go right to the top with the whole story, just as you've laid it out in your post. Finish with some polite words about the Better Business Bureau, negative word of mouth, etc. The mobile phone market is highly competitive. If you can convince them that this incident will cost them more than $50 in future revenues, you should get the result you want.

Jason
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Well here is my take on that. I think a store should be responsible for what his employee said. A employee is a representation of the store.

I was at Sports Authority and the sales stated "50% all winter appeal". However, on the racks it stated 30-50%. But didn't say off what exactly. So I asked the salesperson..."how much was this jacket off?" He stated 50%. So, I went up to purchase this jacket (oh and yeah my boyfriend had a jacket also) and it came up on the register 30% off. So I started raising hell. After 20 mins (no kidding), the manager went and asked the salesperson what he had said.. he said "I told them 50% off". Truth be know it was actually only 30% off but because the sales person was mis-informed... I got it at 50% off.

If I was you I would return the phone and start writing letters. I would also get as many names as you can to include in those letters.

Sincerely,

Susan J.
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The lady I talked to said no because it wasn't in writing. "He could have promised you a new car, but its not in writing." I understand her point, but a verbal agreement is still a binding contract, isn't it?

Hi pikapp,

Here's my take.

Technically, you have a verbal contract, but it's a moot point because you have no proof of it. Hence, the woman you spoke with is right--as wrong as that is. What lousy business practice that is!

But since you were "mislead" you have every right to cancel your deal. Besides that, you legally have 30 days anyway to cancel any cell phone agreement you've made.

My suggestion is to tell them flat out that you be given the refund as promised, or you will cancel. If that's the case, go find yourself a better deal.

I wouldn't stand for being treated that way.

Good luck!

Tony
...but I still am...

Off2Aruba

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Write letters, write letters, write letters!!! Then cc every letter to your Better Business Bureau, Your local State Representative, You US senator, Business Leaders in your community, Everyone you can think of. Be sure that the Phone company knows and sees the "CC" copies of every letter. Use exact dates and as many names as you can and send each letter a couple of times. You will get your credit. I had a very similiar experience and for the cost of about 7 bucks in postage it is amazing the results you can generate! Very satisfactory when you finally see that credit on your bill.
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Write letters, write letters, write letters!!! Then cc every letter to your Better Business Bureau, Your local State Representative, You US senator, Business Leaders in your community, Everyone you can think of.

Right, ddm!

There's nothing like the power of the pen to get action. : )

Glad to have you with us!

Tony
...but I still am...

Off2Aruba
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