Can My Internet Provider Bill Me for Roof Equipment It Never Disclosed in Texas?

Attorney Answer

If your internet provider left out an important detail about what outdoor equipment actually meant before you signed, you may have a real argument that you should not be stuck with the bill, but the strength of that argument depends on your specific contract.

Texas has a consumer protection law called the Deceptive Trade Practices Act, or DTPA, found in the Texas Business and Commerce Code. One of the specific violations it covers is failing to disclose information about a product or service that the company knew at the time, when that failure was intended to get you to enter into a deal you would not have agreed to if you had known the truth. This is addressed in Section 17.46(b)(24). If you were told only that you were responsible for outdoor equipment, without being told this meant a satellite dish and radar mounted on your roof, and you would not have signed had you known that, this statute may fit your situation well.

Separately, general Texas contract law also recognizes fraud in the inducement, where a false or misleading statement used to get someone to sign a contract can affect whether that contract, or part of it, is enforceable against them. Keep in mind that DTPA claims generally must be filed within two years of the deceptive act under Section 17.565, so it is worth acting before too much time passes.

Steps to protect yourself:

1. Pull your full written contract and look closely for language about equipment responsibility, cancellation fees, and whether it requires arbitration instead of a lawsuit, since many service contracts do. 2. Write down exactly what you were told before signing, by whom, and how it differed from what you learned later. 3. Send the company a written demand letter disputing the charge and explaining why. Before filing a DTPA lawsuit you are generally required to send written notice of your complaint and the amount of damages you are claiming at least 60 days before filing, under Section 17.505, unless a deadline is about to expire. 4. If the amount is within the Justice Court limit, currently $20,000 in Texas, small claims court is often a faster, cheaper option than hiring a lawyer for a large case. 5. Keep every piece of communication, billing statement, and the contract itself.

Because arbitration clauses, contract language, and exactly what was said before you signed all affect how strong this claim is, this is general legal information, not legal advice specific to your contract. A Texas consumer protection attorney can review the actual agreement and tell you the best way forward.