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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4265
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have a contract for security alarm service that was signed

Resolved Question:

I have a contract for security alarm service that was signed on May 15th 2006. The contract was for 3 years. I have not used this service for two years now because the gadget broke and I couldn't afford repairs. With this contract expiring on May 15th this year, I called the security alarm company today May 5th to inform them of my intention to discontinue the service after my contract expires on May 15th this year and I was reminded of a clause that the contract will automatically renew on a yearly basis every year unless they receive a cancelation notice in writing 30 days to the end of any active contract. I have re-read and that clause is truly there and with only 14 days to the end of my initial 3 year contract, is there anything I can do to terminate this contract so that I don't have to pay for a sevice I don't use for an additional year? Payment for the service has been an automatic debit from my account and I was told my charge will be set up for collection if I terminate it.
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-What city and state do you live in?

-What country do you live in?

-What have you already tried?



Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.






Customer: replied 5 years ago.

City and state I live in: Lexington, Ky

Country: USA

 

 

Already Tried:
I called the company SAI two years ago to cancel and was told this will require me to pay remaining 2-year balance. They recently transfered contract to Castlerock security who I called today to discontinue service from May 15th and was told of the 30-day prior notice which I missed and so now have an active contract till May 15 2010.

Expert:  TexLaw replied 5 years ago.
Thank you for your answer. Stay on line, and I will have a response for you within a few minutes.
Customer: replied 5 years ago.
I don't see any question or any additional requests made. What additional information do you need?
Expert:  TexLaw replied 5 years ago.
Dear _______

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

My brief search of Kentucky law does not show that an automatic renewal clause is per se illegal. However, you may argue that such a provision for a service contract where no service is actually being provided, is unconscionable under the Kentucky Consumer Protection Act. An unconscionable contract may be terminated. What you can do is send a written notice that the contract is terminated as of 30 days of the letter. This may leave you liable for one months payment, but this should also provide you a basis for stating that the contract is terminated and if they try to press it against you, you assert that it is unconscionable and you counter-sue for damages under the Kentucky Consumer Protection Act.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


TexLaw, Attorney
Category: Legal
Satisfied Customers: 4265
Experience: Lead trial/International commercial attorney licensed 11 yrs
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TexLaw
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Lead trial/International commercial attorney licensed 11 yrs