Milwaukee, WI asked in Civil Litigation and Small Claims for Wisconsin

Q: Verbal agreement with a coworker: I would pay $75 per month to be on his data plan. Can he sue me for overage fees?

I never agreed to pay for anything other than $75 per month. He complained about overage fees a couple of times but I never agreed to pay extra. Earlier this month he asked me to pay off the remaining amount due for my phone ($271) and get off his plan and on my own. We mutually agreed to do this by the end of the month. I am paid-up in full and do not have any unpaid/due months. Last week I tried to fulfill my agreement and he revoked my access to the account and refused to let me pay off my phone and remove my number from his account, so I had to change my number (that I've had for 10 yrs) and get a different phone. He repeatedly refused my payment offers, now saying that he would rather take me to small claims court for an alleged over $1000 worth of overages over the last 3 years. Should I be worried if a claim is actually filed, or do I not really have a reason to worry?

1 Lawyer Answer
William F Sulton
William F Sulton
  • Milwaukee, WI
  • Licensed in Wisconsin

A: You should not be worried. The coworker could have avoided the overage fees by switching to plan that allowed for more data. You could also argue that the coworker caused the overages and breached the agreement by revoking your access.

1 user found this answer helpful

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