Have Legal Questions? Ask a Lawyer Now.
Hello, I am happy to answer your question.
California does not have any law restricting automatic renewal contracts per se. There are cases prohibiting deceptive practices in which companies are not clear about their renewal policy.
The botXXXXX XXXXXne is what you agree to in your contract. Take a close look at it and see if it is clear. If the terms are specified in the contract that it renews until you cancel, there probably isn't much you can do in terms of suing them, if that is what you are thinking about.
I hope this was helpful, and good luck.
This is a pretty common scheme. It certainly doesn't sound very fair, but as long as they laid out the terms, you have to abide by them.
You do still have some . This is a lot of money and a long term contract you are talking about - 2 years at a time. I would not give up so quickly. No company wants to be in litigation, so the threat of litigation can be quite powerful.
Start off with a letter to them in writing sent by registered mail, demanding that they cancel your contract and refund your money. Explain that their auto renewal was not make clear and obvious to you, that it was on the back of the agreement, and that you no longer require their services. Be clear, concise and non confrontational. It doesn't hurt to mention at the end that you are prepared to follow your legal recourses.
This will start a paper trail. Hopefully they will respond also in writing. Don't take any more phone calls, you want it all written down.
Keep on them, if you have a couple letters back and forth with no movement, start having an attorney send letters (you can even just ask a friend rather than hire someone).
If that doesn't work, bring them to court. Most cases settle just based on the threat of a court case. If not, go to the judge and tell him that this was an unfair trade practice and see what you can get out of it. There is no guarantee, but it's worth a shot if you don't have to spend to much money to litigate.
I hope this was helpful ad good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).