Can Cell Phone Companies Hold Minors Liable for Their Phone Bills?

Although they may not yet be old enough to vote or to drive, many minors have their own cell phones. Some of these kids pay for the phones themselves, while others have parents or significant others help them financially. However, regardless of who pays for these phones, a contract for a cell phone must be signed by an adult of legal age, or it is not valid and the cell phone company cannot collect on the debt.

Cell Phone Contracts

When a person takes out a cell phone plan with a company, he is usually required to sign a contract with that company that lays out the terms under which he can use the phone. Generally, this contract will lay out the fees for which the person will be responsible for using the phone. The cell phone company is allowed to collect these fees as a company would any outstanding debt.

Contracts With Minors

According to U.S. federal law, a minor is not legally allowed to sign a business contract without the consent of a parent or guardian. While the age at which a person can legally sign a contract varies, no one under the age of 18 can legally take out a cell phone contract on her own. Instead, she must have someone else take out the contract for her.

Contract Law

If a minor runs up a cell phone bill, the phone company is legally allowed to hold the person who signed the cell phone's contract liable for the debt. However, if a minor signed the contract, the contract was never valid; therefore, the company cannot hold the minor liable for the bill. However, if a legal adult signed the contract, the company can seek payment of the outstanding debt from the adult. No one other than the adult who signed the contract may be held liable for the contract's outstanding debt.

Considerations

Minors cannot legally take out credit or incur legal debts such as cell phone bills. Therefore, if a minor succeeds in signing a cell phone contract, several legal issues are raised. For example, if the minor committed fraud in signing the contract, he may found liable in a civil or criminal case.