Can You Get Out of a Service Contract You Entered When Under Age 18
My question involves collection proceedings in the State of: AZ
A sales rep allowed me to sign into a mobile contract knowing I was under the age of 18. I lost my job and was unable to make payments. I am now of age, but service was cut off before my birthday, and no payments were made after that. What steps can I take to get out of the contract because of this besides paying the ridiculous cancel fee?
Re: Can You Get Out of a Service Contract You Entered When Under Age 18
As part of rescinding a contract, you have to restore the other party to his original condition. You buy a car as a minor and want out, you have to give the car back, perhaps with payment for wear and tear and depreciation. You can't do that with a phone contract, and should expect that even if you manage to void the contract you'll remain responsible for the cost of the phone prior to the date you disaffirm.
Depending upon whether you are deemed to have acted within a reasonable time of reaching the age of majority, you may be able to avoid your contract going forward from the date you formally instruct the service provider that you're renouncing the contract. See, e.g., Almada v. Ruelas, 96 Ariz. 155, 393 P.2d 254 (1964) ("Where a minor has executed a conveyance and wishes to avoid its effect he must renounce the instrument 'within a reasonable time" after reaching his majority.'"); (St. Paul Fire & Marine Ins. Co. v. Muniz, 19 Ariz. App. 5, 504 P.2d 546 (1972) ("It is true that a contract entered into with a minor is voidable, however the contract is not disaffirmed until notice of disaffirmance is communicated to the other party.") I am skeptical that you can get any retroactive relief.