Is there any case law supporting that a cell phone uses the open account provision for SOL computation? (kinda like credit cards) On other boards folks are stating that UCC statute of 4 yrs applies....however SC did not adopt the UCC, they created their own.
SOL in SC is 3 years....but on written contracts - 10 yrs.
Cingular disposes of their contracts, so they cannot produce it. They cannot state where and when the account was open, only provided the final billings. (To include a $200 termination fee on an account that would have, by the "contract" a $150 termination fee!) They actually termed the fee "liquidated damages".
If the 3 yr SOL applies, it would be currently out of statute.
Help!
SOL in SC is 3 years....but on written contracts - 10 yrs.
Cingular disposes of their contracts, so they cannot produce it. They cannot state where and when the account was open, only provided the final billings. (To include a $200 termination fee on an account that would have, by the "contract" a $150 termination fee!) They actually termed the fee "liquidated damages".
If the 3 yr SOL applies, it would be currently out of statute.
Help!
