Problem with a cellphone or plan
Your new cellphone doesn’t work as expected. Or your new phone plan isn’t what was promised. There are steps you can take to make this right.
What you should know
When you walk out with your shiny new phone, remember, 15 days. Canadian laws give you a 15-day trial period from the start of your contract during which you can return your phone with no cancellation fee.
Save the packaging the phone came in. Set a reminder. Mark day 15 on your calendar. And make sure you stay under half of your monthly usage limits. If you have a disability, you get 30 days, and the usage limit doubles.
If there’s a problem, pack the phone up in its box, go into the store (or give them a call), and let them know you want to cancel. Be firm. Get the name of the person who helped you. This will keep them accountable.
They told you 5 GB of data, but really you have 1 GB? They said unlimited overseas calls, but really it’s just Canada-wide?
If a key term in the contract isn’t what you agreed to, you can walk away without paying a cancellation fee or other penalty.
Check the contract (they have to give you a copy) to make sure everything lines up with what you agreed to. You have 30 days to cancel.
If you agreed to it, but just aren’t happy, that’s different. You have no legal grounds to cancel. But that doesn’t mean you can’t complain. You might get a better deal. Where there’s no official legal protection … you just have to be a savvy negotiator!
Under BC law, a new phone must:
be fit for the purpose you bought it for,
not be broken or damaged,
be durable for a reasonable period of time, and
match the description given in selling it.
These conditions are called the legal warranty. It’s like a promise by the seller that the phone will work the way it’s supposed to for a reasonable length of time.
If your new phone is faulty or doesn't work, you have the right to get it repaired or replaced, or to get a refund.
If you broke it yourself, or lost it, the legal warranty won’t help you. But providers often sell extended warranties. Or the manufacturer (that’s the actual phone maker, like Apple, Samsung and so on) may have a separate warranty. Always find out whether you’re covered before going in to the store or calling in to complain.
Ads for cell phones, whether on TV, in magazines, or on the store wall, must be truthful.
For example, service providers can’t sell you a phone for more than its advertised price. If they did this (or misled you in some other material way), bring proof when you go to complain.
Another type of unfair practice is “unconscionable” behaviour from a salesperson. Like:
taking advantage of a disability or language issue
charging far more than what is reasonable
pressuring you to buy a phone or plan they know you can’t afford
If any of this happens, any agreement you signed is not valid.
Take action
Feel misled? Taken advantage of? Don’t let them get away with it. Whether it’s a broken phone, or you’re just sick of paying north of $100 per month, there are steps you can take to navigate the long wait times and tricky customer service departments.
Step 0. Understand customer service
Step 1. Come prepared
Step 2. Make contact; be resilient
Step 3. Send a complaint letter
Step 4. Tell your story on social media
Step 5. File a complaint with the CCTS
Step 0. Understand customer service
Two things you need to remember when dealing with phone companies: be calm, and be patient. The customer service reps are trained to deflect complaints and encourage you to give up. Hang in there. Make notes and take names.
Keeping cool is essential to getting what you want.
Step 1. Come prepared
Before you call or go to the store, do your homework. Read your contract. Understand your rights. Know what you want to get out of this.
Step 2. Make contact; be resilient
If you dealt with somebody in person, go back to that store. Ask to talk to the rep who sold you your phone or plan. Discuss your issue with them firmly but politely.
Be clear on the outcome you’re seeking. You may not get everything resolved at once, but don’t leave until you feel you’ve made progress.
Dealing with phone reps can be frustrating. The first person you speak with is often just a gatekeeper. Calmly describe the problem and what you want. If they can’t deliver, politely ask to speak with their manager or the customer retention department.
Continue to escalate the problem until you get what you want, or a reasonable compromise. Be persistent.
Some providers have an online chat feature where you can talk to a rep over the web. The same rules apply as in store or over the phone — be calm, be firm, and be resilient!
Step 3. Send a complaint letter
If discussing the situation doesn’t resolve the problem, the next step is to send a complaint letter.
The letter should describe the problem, what you've done to try to resolve it, and what you want them to do to make things right.
Give a time frame for them — such as 10 working days — to address the problem.
Tell them what your next step will be if they won’t sort things out. You might say you plan to file a formal complaint with the Commission for Complaints for Telecom-television Services, go online to report the problem, or seek legal advice.
Step 4. Tell your story on social media
Consider telling your story on social media. Social pressure is powerful. The cellphone provider may be eager to make things right to prove they’re good corporate citizens.
Be factual and truthful about what happened — using foul or insulting language may work against you. If you say something that is untrue, you may expose yourself to a claim against you.
Step 5. File a complaint with the CCTS
The Commission for Complaints for Telecom-television Services (CCTS) administers the Wireless Code and deals with consumer complaints about cellphone service.
The CCTS deals with many types of complaints, but not all. For example, they deal with problems about a contract dispute or service delivery or billing issues. But they don't deal with complaints that a provider charges too much for its services.
You can file a complaint with the CCTS. You must provide the steps you’ve taken to resolve the complaint directly with your service provider, including their response.
Want more on these steps and how to navigate a problem with a cellphone or phone plan? See our in-depth coverage of this topic.
Who can help
If you’re still getting the cold shoulder from the cellphone companies, there are government agencies that may be able to help.
Commission for Complaints for Telecom-television Services
CCTS deals with cellphone, TV and internet service complaints.
Competition Bureau
Deals with complaints about false or misleading advertising.
This information from People’s Law School explains in a general way the law that applies in British Columbia, Canada. The information is not intended as legal advice. See our disclaimer.
Related
On Dial-A-Law
Dial-A-Law has more information on Cellphones in the section on Consumer.