Orlando, FL asked in Business Law, Contracts and Communications Law for Puerto Rico

Q: My parents (dad 78 & mom 73) were tricked into signing a document which they did not know was a contract with Claro TV+

The sales person told them that since they are on social security the services with Claro TV+ in Puerto Rico was free for them. They also signed a document which tied them into a 24 month contract which they were not aware of. Moreover, they went without the TV service for 15 days after signing the paperwork.

Since then we found out that the document they signed was a 24 month contract, that the service is not free. They have to file an application with the federal govt for an FCP discount on broadband.

Not wanting a 24 month contract they went to a regional office in Mayaguez, PR to ask about cancelling the service and they are being charged $400 to cancel contract for breach. Since the company did not provide the services offered thru their own contract for more than 15 days are they not the ones who were in breach of the contract first?

I live in Florida, how can I help my folks? Please help me....

1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
Answered
  • Consumer Law Lawyer
  • San Juan, PR
  • Licensed in Puerto Rico

A: Unfortunately, this is a common practice: a salesperson saying whatever he/she can to close a sale. Leonine contracts such as this also makes it extremely difficult for a persona to wiggle out of, under normal circumstances. Also, these types of contracts unilaterally increase monthly payments each year, which increases the financial burden on your parents.

Your question does not state how long ago was the contract signed by your folks. However, I would consider raising a claim of financial abuse against your elderly parents. Based on the facts you've stated, both your parents receive (only?) social security. A case may be submitted through the Puerto Rico Board of Telecommunications (Junta de Regulación de Telecomunicaciones de Puerto Rico), requesting an investigation against Claro before taking the matter up to the Puerto Rico courts.

1 user found this answer helpful

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