US-New YorkMy phone carrier charged me for services I didn't agree to. NY small claims options?
Yes — you may sue your phone carrier in New York Small Claims Court for unauthorized charges, up to $10,000 per claim. You must file within six years of the disputed charge under CPLR 213(2), and the case is heard in the appropriate local Small Claims Part of the Civil Court or District Court. No attorneys are allowed unless both parties consent in writing.
What the Law Says
Under New York law, unauthorized charges by a phone carrier may constitute a violation of General Business Law § 349 (prohibiting deceptive acts in consumer transactions) and breach of contract under common law. Courts have held that billing for services not expressly authorized—such as third-party premium text subscriptions, add-on features, or post-contract plan changes without consent—can support a small claims action. The applicable statute of limitations is six years for breach of contract and GBL § 349 claims, per CPLR § 213(2). Small Claims Court jurisdiction is governed by CPLR Article 18 and 22 NYCRR § 208.1–208.15, which cap recoverable amounts at $10,000 per claim (reduced to $5,000 in town/village courts outside NYC, but all county-level Small Claims Parts—including Nassau and Suffolk District Courts—allow $10,000 as of 2024 statutory amendments).
Practical Steps
First, gather evidence: copies of your service agreement, itemized bills highlighting unauthorized charges, call logs or emails showing lack of consent, and any written dispute correspondence with the carrier (required under FCC rules before litigation). File a Small Claim using the official NY Court System form UD-100 (available online or at your local court clerk’s office), naming the carrier’s registered agent—not just 'AT&T' or 'Verizon'—which you can find via the NYS Department of State’s business entity search. Serve the claim properly (certified mail + acknowledgment or personal service), then prepare for your hearing: present chronology, highlight inconsistencies in billing, and cite GBL § 349 if the practice was repeated or misleading. Note: You cannot be represented by an attorney unless both sides agree in writing (22 NYCRR § 208.7), but free legal assistance is available through court-based Help Centers and Legal Services NYC.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-18.