Customer waits months for refund from cell phone company

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PHOENIX -- The check is in the mail. How many times have we heard that one?

According to Leonard Gallardo, that's exactly what a company has been telling him.

And the amount is not small. It's $233, but after four months he still hasn't received that refund.

Gallardo has a serious medical condition.

"In 2006, my kidneys failed and they put me on dialysis," he said.

So, Gallardo says having a cell phone is important. Having texting capabilities is also important. That's why he decided to upgrade his cell phone to a better model.

"Usually, I don't spend much money on things, but I wanted a new phone," he said.

As a result, Gallardo went to a Talk Mobile kiosk inside Desert Sky Mall and purchased a $230 cell phone.

"They told me I had 14 days to return it," Gallardo said.

But after just a few days, Gallardo says the phone just didn't fit his needs.

"I was going through it and it just wasn't for me," he said. "The use was for business stuff. I use my phone for texting and calling, that's about it."

So he took it back to Talk Mobile.

"I returned it," Gallardo said. "I talked to the guys there and they said the check will be in in six to eight weeks."

Well, that was the end of August and Gallardo says he still doesn't have his money and when he asks about the refund, he can't get any answers.

"I'm frustrated, you try to get answers and you don't get anything," he said.

3 On Your Side contacted Talk Mobile about Gallardo's situation and, as a result, he not only immediately got his money back, but they gave him cash.

It's money Gallardo says he probably never would have seen without the help of 3 On Your Side.

"I can't thank you guys enough," Gallardo said. "I mean it was really difficult trying to get the money from them and then all of a sudden they realize they're going to be on TV and they have the cash right away."

Now, Talk Mobile issued a statement saying they were all over this refund well before 3 On Your Side got involved, but all Gallardo knows is that he's been waiting nearly four months and after 3 On Your Side got involved, he got the check right away.