Quote Originally Posted by WorldIRC View Post
Mutual assent or meeting of the minds is destroyed by such actions as fraud, undue influence, duress (see per minas), mutual mistake, or misrepresentation
misrepresentation describes a situation where the other party provided untrue or fraudulent information in order to induce an agreement. In that case, the customer could certainly use it to get out of the contract. It would be more difficult for Rogers to argue that they deserve to let out of the agreement because they provided the misrepresentation. I don't see how misrepresentation could be applied to this discussion unless Rogers was intentionally making these mistakes.

Rogers arguing misrepresentation would be akin to them also arguing they were guilty of fraud, undue influence or duress and so would like the agreement they obtained through those actions to be nullified. The customer could make that argument but Rogers wouldn't really be a position to do so.