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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17133
Experience:  B.A.; M.B.A.; J.D.
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December 2015 I bought/ paid for / on the telephone a 5 year

Customer Question

December 2015 I bought/ paid for / on the telephone a 5 year + 1 comp year policy with Choice Home Warranty Insurance company. I was told on the phone by their agent that I could cancel at any time that I wished during those years and the cost would be pro-rated and I would get the refund if I so chose to do this. After a couple of situations dealing with Choice, I realized that this is not a great deal, not a great company, and I called to cancel my contract. The supervisor ? I spoke with was a snot, rude and told me that I can not cancel unless he agrees and that he does not agree for me to cancel. He said its in the contract book that I was sent that I and only 30 days to cancel. However, I never received any book form Choice until after the 30 day period. Want to do ? What can I do ? I reported this to the Florida Atty General / CS , and they asked me to send the contract booklet. I did, have not heard from they yet. This company has excessive exclusions and exemptions for what they cover = its not in our best interest to continue to carry this policy. I want to cancel it. Choice already has sent me to a crook plumber who swindled us out of $450 with lies and Choice takes no responsibility.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 5 months ago.
If you were told on the phone that you could cancel at any time, but the book has a different cancellation provision and you did not get the book within the cancellation time to see what is in it, then this company has perpetrated a consumer fraud. You must be allowed to cancel the contract. What you need to do here is to send a notice of cancellation and return of your money to the company. You need to state in that notice what you were told on the phone at the time you purchased the warranty; you also need to state that you never received anything in writing regarding the deadline to cancel the purchase in order to get a refund and more importantly, you only received something in writing after 30 days of the purchase--30 days after you were supposed to cancel the contract! If the company refuses to cancel and return your money, you would need to file a Small Claim lawsuit for the return of your money. You should also file complaint against the complaint with the Better Business Bureau. I am not hopeful on the response from the Florida Attorney General's Office. They may not do anything for you. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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