united-states phone service
Does my phone company have the right to charge me later for a service that I never requested?
<p>I have a phone service that charge a flat rate every month providing 30GB data at high speeds and then unlimited data at 2G. </p>

<p>Now I noticed that as I finished my 30GB data quota, the company never slowed down my data speed as it promised. So far I have used about 40GB high speed data this month and the system shows my data balance is negative. Surely I am enjoying more (unlimited?) high speed data, but I am wondering if eventually they will charge me for the high speed data that I used after the 30GB limit. </p>

<p>Since I never requested high speed data beyond 30GB and the company did not slow down my data speed as it promised, <strong>I am basically receiving a free service that is neither promised by the company nor requested by me.</strong></p>

<p>Does the company have the right to charge me eventually for the high speed data that I used? Will they likely to do so? Or maybe it is simply a loophole that I am not responsible of (in which case I can use as much high speed data as I need with no consequence)?</p>

<p>To me it appears that your agreement includes 30GB at high speed, and unlimited data at 2G <em>or better</em>. The phone company may have valid internal reasons to offer those 10GB at better-than-2G speeds, for instance the lack of a 2G network in your area. </p>

<p>Since they are the only party that can reasonably throttle the network data speed (it's their network), you can't be held responsible for the fact that they delivered data faster than they promised.</p>

<p>You didn't specify a jurisdiction, so I'm going to answer for the UK. The principles will be similar in most places.</p>

<p>If you have a monthly quota, you almost certainly have a written contract with the phone company. A claim that you didn't request the service has basically no chance of succeeding.</p>

<p>Then legislation like the Unfair Contract Terms Act 1977 comes into play. That attempts to redress the balance between companies and domestic consumers by establishing the principle that unfair terms in something like a home phone contract are unenforceable.</p>
