Cellular Source ripoff! scam! illegal! mistreated and ripped off Staten Island New York

On 3/25/03, I went to a local store "cellular source which I had dealt with be for, I was inquiring about the new nokia 3650 gsm phone, the one that has a camera built in to the phone, one reason I wanted that phone was because I have an old nokia car kit that would work with this new phone and I wouldnt have to buy an additional car kit.

I explained to the sales person that I already had a contract with AT&T for another year and I wanted to know what I needed to do if I wanted to upgrade to the new phone. The phone I wanted wasnt available yet, he explained. He told me that I would have to buy the phone outright (At full Price).

He told me that he had the Motorola phone the t720 and you can attach the camera to it, he also explained that he himself had that phone and the car kit for the Motorola and would work better than my nokia phone kit, he told me the cost of the 2 items would be $525.00 and if I gave him cash he wouldnt charge me tax.

So with out thinking I went to my car to get my bag and I wrote him out a check for that amount, he said he would have the phone for me on Thursday (this was Tuesday @ 1pm) he had to get it from the other store on hylan blvd.

I left the store and went to work, I got home and went on the internet to the AT&T web site to check out the phone, the 1st thing I discovered was that the phone he was getting for me sold for $249.00 and you would get a rebate for $100.00, so the phone would be $149.00.

I called AT&T to ask them if I had a contract with them would I be able to get that phone from them for that price,or did i have to buy it for the full price they said that they would give me the phone for $249.00 and send me a rebaste for $100.00!

Then I asked about the camera accessory, they said that I wouldnt be able to use the camera that AT&T does not support the camera and would not work, then I went on the Motorola web site to find out about the car kit, Retractable Self-Install Hands-free Car Kit 98413 $74.99.

Imagine how upset I was to learn all of this in a few short hours after I handed over a check for cash for $525.00! I immediately called the bank by phone to see if he cashed the check, which I found out that that they did! I wanted to put a stop payment on it! I couldnt wait until the morning to call this place and tell him that I wanted my money back.

At 10:00 am Wednesday morning I called and spoke to jay the salesman, I explained that I did not want the phone anymore and to not to bother getting it.

He asked why and I proceeded to tell him what I had discovered!

1. He was overcharging me for that phone, and car kit and when I spoke to AT&T they informed me that he was obligated to refer me to an AT&T store because I already have a contract with them.
2. I do not have to buy the phone outright as AT&T informed me.
3. That the phone that he was selling me would not work with the camera accessory.
This sales person then proceeded to tell me to read my receipt, he explained that on the bottom of the receipt it states that there are no refunds, 7 day exchange, or store credit!

He belatedly lied to me from the get go. I went to the store to talk to someone else hoping that there would be a manager there, because during our earlier conversation @ 10 AM that morning, when I asked to speak to a manger or the owner he said that he wasnt there and he refused to give me a name!

There was another guy there his name was Eric, I explained the situation to him and he said there is nothing he could do for me that the phone was already in the store for me and in his own words said what do you want me to do, eat it! what kind of answer is that! He then said that the only thing he could do for me is honor the price that AT&T was selling it for with the rebate and that I would have to cancel my AT&T service and reinstate it with him so he would get the credit for the sale and service.

1st if I wanted to cancel my contract with AT&T (which I have no intention of doing!} I would get a cancellation charge 2. I dont want the phone that he talked me into because its not the phone I initially came in the store for and does not have the features that the nokia 3650 has and the phone was selling me would not do what he said it would. they misrepresented themselves.

What rights do I have as a consumer? I got swindled into an over priced phone that doesnt have the features that I came in for in the first place. Isnt there a 72-hour cancellation law? Please be advised that I do not have the phone in my possession.
Please advise,
Your help would be appreciated.
Thank you.

Cheryl
staten island, New York
U.S.A.