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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33791
Experience:  Attorney with 15 years experience in various consumer protection areas
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Our home security company called and offered my husband 60

Customer Question

Our home security company called and offered my husband 60 month service with no increase and updated equipment. He did not think he said yes as they were to call back to finalize it. We decided to get a much better deal with another company. When we went to cancel it they said we would owe $2800 fee if we did!! (That he had agreed to the 60 month contract) Can we do anything about it?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me how long it has been since husband allegedly agreed to extend the contract?

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Did they send you anything in writing setting out any cancellation rights?

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Was anything signed by you or husband to extend the contract?

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thanks

Barrister

Customer: replied 11 months ago.
They called December 10th. It was just a phone conversation- nothing written nothing signed. He understood they were going to call back to finalize and set up new account.
Expert:  Barrister replied 11 months ago.

Ok, then I would opine that he would have legal grounds to terminate the contract due to a violation of FL law...

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According to the FL Attorney General and the Florida Bar Association, the law requires both a seller of future consumer services and a home solicitation seller to provide written notice of a buyer's cancellation rights at the time of the sale. In the case of a sale of future services, (like home security) the consumer's notice of cancellation rights must appear immediately next to the space for the buyer's signature on the contract. Every home solicitation seller is also required to provide a written contract to the buyer which includes an explanation of the buyer's right to cancel.

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A sale for future services can be cancelled by the buyer by notifying the seller within three business days from the date the buyer signs the contract. There is no requirement that the notice be made in writing. However, it is a better practice for the buyer to send written notice to the seller by certified mail. Refunds for cancelled contracts for future services must be received within twenty days after the seller receives the notice of cancellation.

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So if they never sent you a written notice informing you of your cancellation rights, then they are in violation of FL law and if you send them a written notice stating you are cancelling their services and they refuse, you can file a formal complaint with the FL Attorney General or you can contact the Florida Department of Agriculture and Consumer Services at either(###) ###-####or(###) ###-####

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thanks

Barrister