The forced term contracts are those that force the consumer to maintain the service or product for a certain period of time, usually several months or years. These contracts are usually used in services of telephone, internet, cable televisionamong others.
Although it is true that fixed-term contracts can be beneficial for the consumer, since they offer Promotions and discounts in the first contract period, also can be a financial burden in the event that the consumer decides to cancel the service before the end of the mandatory term.
Many times, companies establish penalties for cancellation of the contract, which may be an additional expense for the consumer.
One of these cases is when the contract includes unfair termsthat is, clauses that are unfavorable to the consumer and are not balanced with the obligations of the provider.
If you find an unfair term in your contract, you can file a complaint to Profeco (Federal Consumer Attorney) and request the cancellation of the contract without penalty.
Another case where you can cancel a forced installment contract without penalty is when the provider fails to meet its obligations.
For example, if the supplier is not providing the service or product as stipulated in the contract, or if it is delaying the delivery of a product, you can cancel the contract without penalty.
Fortunately, Profeco offers protection to consumers in these cases and establishes the conditions under which a forced term contract can be canceled without penalty.
How to cancel the forced term contract?
- Notify your provider by the means you contracted the service or any other means, if you wish.
- It will be verified that you have no debts. If they exist, you will be charged the conventional penalties that are in your contract.
- If this is the case, you must cover the stipulated conventional penalties (on the remaining months of the mandatory term and they must not exceed 20% of the total remaining service to be paid).
- If you purchased the equipment in installments, you must cover what is left to pay or return it, if so stipulated in the contract.
- You must be provided with a cancellation folio and your service provider must not charge you any other extra charge.
How to cancel in prepaid?
- You must contact your provider by any means and inform them of the cancellation of the service.
- If you have a device that you must return, it will be requested as stipulated in the contract.
- You must be provided with a cancellation folio and the provider will not be able to make any charge.
In which cases is there no penalty for early cancellation?
- Due to attributable causes (non-compliance) of the supplier (does not apply in fortuitous cases or force majeure).
- In the event that the service is not installed in a timely manner (they must return your advance if you wish).
- Derived from modifications to your contract without your consent (you must be notified of any change in your contract 30 days before).
- At the end of your forced term contract.
In general, it is recommended that you compare different options and carefully read the adhesion contract before choosing a telecommunications service.
This way, you can make an informed decision and ensure that the plan you choose fits your needs and budget.
In the event that the company refuses to cancel the contract or tries to charge you penalties or additional charges, you can file a complaint with Profeco.
This institution can step in and help resolve the problem fairly and equitably.
In conclusion, if you want to cancel a contract with forced installments, it is important that you know your rights and take the necessary steps to do so effectively.
The Federal Consumer Attorney’s Office can be a valuable resource in this process and help protect your rights as a consumer.
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