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Monday, February 02, 2009

Taking Verizon Wireless to Texas Small Claims Court




When you file a suit on a corporation in Texas, you need to call your Secretary of State office (512-463-5555) or State Comptroller (1-800-252-5555) and find out the name and address of the Registered Agent, President or Vice President of the corporation before you begin your suit. You will be filing suit against the corporation and having the notice or citation served on the officer of the corporation.

This is how I learned that Verizon Wireless is not a corporation in good standing in the State of Texas, and has failed to maintain a registered agent in the State of Texas. Good news is, I can perform service of process on the Secretary of State in Texas and they will handle getting it to the correct registered party/address. Cost: $55.00 + the cost of certified mail to the SOS.

Here is a copy of the demand notice I sent:

Office of the Secretary of State
Statutory Documents Section - Citations Unit
P. O. Box 12079
Austin, Texas 78711-2079

Monday, February 02, 2009

To Whom It May Concern:

After due diligence, I have determined that Verizon Wireless has failed to maintain a registered agent within the state of Texas. Therefore, I am serving this demand notice on the Texas Secretary of State Office pursuant to the Texas Business Corporation Act - Article 2.11., paragraph B, Service Of Process On Corporation, which states:

“Whenever a corporation shall fail to appoint or maintain a
registered agent in this State, or whenever its registered agent
cannot with reasonable diligence be found at the registered office,
then the Secretary of State shall be an agent of such corporation
upon whom any such process, notice, or demand may be served.
Service on the Secretary of State of any process, notice, or demand
shall be made by delivering to and leaving with him, or with the
Assistant Secretary of State, or with any clerk having charge of the
corporation department of his office, duplicate copies of such
process, notice, or demand. In the event any such process, notice,
or demand is served on the Secretary of State, he shall immediately
cause one of the copies thereof to be forwarded by registered mail,
addressed to the corporation at its registered office. Any service
so had on the Secretary of State shall be returnable in not less
than thirty (30) days.”

Enclosed you will find my check payable to the Secretary of State in the amount of $55.00 for maintaining a record and for forwarding the demand and for issuance of a Certificate of Service. Duplicate copies of the demand are provided for service upon the known registered office of the defendant corporation.

The Corporation Trust Company
F/B/O Verizon Wireless, LLC and/or D/B/A Verizon Wireless (“Verizon Wireless”)
Corporation Trust Center
1209 Orange St
Wilmington, DE 19801


Regards,



==============================================
==============================================
Follows is a copy of the actual demand letter:


Verizon Communications, Inc. and/or
Verizon Wireless (VAW) LLC
D/B/A Verizon Wireless (“Verizon Wireless”)
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange St
Wilmington, DE 19801

Saturday, January 31, 2009

Reference account number: xxxxxxxxx-00001
Invoice number: xxxxxxxxxx

DEMAND and NOTICE OF INTENT TO SUE

To Whom It May Concern,

As you were previously notified, I fully intend to litigate the disputed unpaid balance on this account in my local small claims court. Despite my efforts to work with Karen Milbrodt (Verizon Wireless Executive Relations 1-800-760-4658 x5941) to resolve this matter, it remains unresolved. The “previous unpaid balance” remains disputed, yet now I have received another outrageous bill from Verizon Wireless, and it is starting to look like you think this is some kind of joke.

I am writing to formally dispute the $1,279.20 overcharge for data usage on my broadband service account for the period from 12/27/08 to 01/26/09, as well as late fees ($5.00) and excessive taxes and fees charged corresponding to the disputed amount.

I was arbitrarily billed $1,279.20 for 10,236 megabytes of usage for the billing period when, in fact I only used 1,798.7 megabytes, which is less than the allowance covered by my monthly access fee.

For the period from 11/27/08 through 12/26/08, I was billed $190.00 for 10,427 MB of data usage when in fact I only used 1,447.8 MB of data usage during that time period.

For the period from 10/27/08 through 11/26/08 I was billed $23.50 for 5,214 MB of data usage when in fact I only used 1,331.1 MB of data usage.

I have printed the logs of my account usage from the VZAccess Manager usage meter that proves the amount is an overcharge, and I would appreciate very much if the disputed amount would be credited to my account.

I am prepared to pay the approximate undisputed amount of $140.42 before the due date, however unless you make adjustment to my total bill in the amount of $1,597.16 within the next 10 days, I will simply be forced to litigate this matter in my local small claims court in Polk County, Texas. This is my final demand.


Regards,



Cc: Verizon Wireless
Customer Service Department
Post Office Box 105378
Atlanta, GA 30348

Cc: Lowell C. McAdam, President & CEO
Verizon Wireless - Corporate Office
133 Calkins Road
Rochester, NY 14623

Cc: CT Corporation Systems
For the benefit of Verizon Wireless, LLC
350 N. St Paul St
Dallas, TX. 75201

CC: The Corporation Trust Company (certified mail)
For the benefit of Verizon Wireless, LLC
Corporation Trust Center
1209 Orange St
Wilmington, DE 19801

Cc: Donald Clark, Secretary
Federal Trade Commission
600 Pennsylvania Ave. N.W.
Washington D.C. 20580

Cc: Kevin J. Martin, Chairman
Federal Communications Commission
Consumer & Governmental Affairs Bureau
445 12th Street, SW
Washington, D.C. 20554

(It should be noted that I have an allowance of 5120 MB of data usage under my current $59.99 Data Access plan, and that amount is prepaid monthly on my cell phone bill.)





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