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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32319
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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On the subject of evergreen laws in Arizona, my company

Customer Question

On the subject of evergreen laws in Arizona, my company contracted with a company in 2011 for the provision of web data. We recently revamped our websites and removed this feature, so we're trying to cancel our service.
Of course, they have an auto renewal clause and say we'll owe them for another full year of service that we won't be using. However, although the clause is written into our contract, they have never given us any renewal notices, or even a bill, since they originally mistyped our accounting contact's email address into their system. So, no notifications whatsoever.
I'm curious if we have a legal leg to stand on here.
Thanks in advance!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Auto-renewal clauses are legal in AZ, or at least nothing so far has said they are illegal.

What that means is that you will have to look at the specific language of the contract to see if there is anything there that can help you. Specifically, auto-renewal clauses typically don't call for any notice that the contract is renewing unless the contract itself says it does so you will want to look at the contract, or better yet, have a local attorney review the contract. Specifically you will be looking for any requirement that the company send a notice prior to the auto-renewal or a limitation on the number of times an auto-renewal can take place.

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