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insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53950
Experience:  Practicing lawyer for 31 years
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I am trying to cancel a home alarm service contract that I

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I am trying to cancel a home alarm service contract that I have had for 18 years. I wish to get a new alarm company because the customer service from the current company is what I would term "very poor". I called them just now to inform them that I wanted to cancel the contract, and the representative was very harsh and rude to me. I was also informed that "Oh, your contract just renewed on June 1st, so you have to pay out the year". I do not have a copy of the original contract on hand and asked them to e-mail a copy of the original contract to me. I also believe that my husband is the one who signed the original contract, and he died in 2004. Would his death in itself nullify the contract, and if not, can I break it without having to pay for the entire year?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. This is not going to be enforceable. Effective December 1, 2010, California passed Senate Bill 340 which restricts these "gotcha" automatic renewal provisions such as those so prevalent in alarm company contracts. I have provided the following link for you which fully explains this bill: http://www.perkinscoie.com/files/Publication/867a3744-a305-4187-9399-0b25fd1122a3/Presentation/PublicationAttachment/b1a5cd67-c9c1-45a5-b0ab-fda448a6d22a/NewCaliforniaLawImpacts.pdf. BotXXXXX XXXXXne...you can cancel this contract and have no further liability. Furthermore, given the bad service provided, the alarm company is actually in default and that also would give you the right to terminate; the alarm company doesn't get to fail to perform its obligations and then demand that you continue to pay nonetheless.



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