go to small claims court as a lawyer in your case would be able to do little.  Why I say its not worth it is because, You're contesting a phone line that costs $10-20 a month and you've been paying the charges for only the past 2 months now.  Look at it, the monetary damage is insignificant here and unless you called them every day like a maniac for the last 60 days, not much mental/emotional distress charges could apply...Also, can you prove that this extra $20-40 has turned your life upside down (family problems, divorce, etc.)?  If so, you have a case.  BTW, even with a case, the only one who seems a clear winner ain't you or the moblie company, Its your lawyers!!

My suggestion: Keep harassing the phone company for a refund saying you'd complain to the BBB, Dept of Consumer Affairs and all the other such depts out there and if they still don't adhere to that, then finally think of going the full monty.