I damaged my cellphone, and I had to give it back to be repaired. Do I have to pay the bills even if I cannot make any calls?
If you get a cellphone as part of a contract, you can't be billed for wireless services that you can't use while that device is in for repairs under its warranty.
The provider may lend you a cellphone while yours is in for repair. In this case:
- you can't be charged for the borrowed phone
- you can still be charged for your regular service
Do the legal protections apply to the phone I have under a work plan?
The Wireless Code and its protections apply to some but not all work phone plans.
If the work plan is with a small business, the Code applies. To qualify as a small business, the monthly bill for all telecommunications services for the business must be less than $2,500 per month.
As well, the Code applies to work plans—regardless of the size of the business—where the employee is responsible for some or all of the charges related to the account. For example, the Code applies to a work plan where the employer pays the basic monthly payments but the employee is responsible for data overage or roaming charges.
If the employee is not responsible for any of the charges incurred under the work plan (and the work plan is not with a small business), the Wireless Code does not apply.