Brian,
You walk around here like that is a fact. You don't know too much about the law do you? Each state has their own consumer laws. Most states do not allow retroactive charging for services. In legal terms, this is Ex post facto. The consumer would not be obligated to pay for it Ex post facto and courts would not uphold the charge.
Now, as for service, it was probably not the best approach by Verizon. Giving the consumer a 30 day notice of the change would have been better. Do they have to? Of course not. However, while customers may not be happy, at least they received a notice.
it is a fact that many states have their own consumer laws, however there are many Federal Laws in place that supercide the state laws. It is possible to get both laws involved but Verizon is in multiple states so more than likely a federal statute would apply.
Verizon has x number of days to recoup services either used or stolen from them it normally is 90 days from the first instance they are aware of the incident. Courts have upheld "Theft of Service Claims" over a consumer in many actions.
Prior use does not mean consent on the part of Verizon. Additionally in verizons terms of service they can make changes with notice. How that notice is given however is not stated in the Customer Agreement it just says your use of the service after a certain date signify your consent. Its standard legal speak.
I also don't think anywhere in Brians post did he claim to be an attorney, he just wrote of what he knows. Nothing wrong in that.
Lastly, in days of old more than thirty years or more I used the LG flip phone as a modem and never was charged. I however pay $30 for a hotspot today from my cell.
You could go to court and claim past practice (teathering) and no advance notice of its removal but Verizon would have to defend that stance not in a small claims court but a State Supreme Court.
Message was edited by: Elector
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