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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111456
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Topeka, Kansas. In Dec. 2014, I contacted The security

Customer Question

Topeka, Kansas. In Dec. 2014, I contacted The security company monitoring our house to find out why nothing happened when our alarm went off. I was told over the phone our equipment was old and needed to be replaced. And the company would replace it free if we agreed to 42 months of monitoring. I verbally agreed in a conversation that took nearly 14 minutes, when I really just called for service. I became dissatisfied and sent a return receipt letter to the company to discontinue the service and discontinue the automatic payment, to which they did not respond at all, and they continued the automatic pay, even though they were no longer monitoring. They say they legally can renew the contract over the phone without a follow up signature because it was just that...a renewal. And if I stopped payment, the would send me to collections. Am I liable even though nothing was signed? And, what if the original contract had expired long before I called for service? My thought just now...Perhaps that is why no one came or called when our alarm was triggered. Hmmmm.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if you were renewing service, they could renew over the phone without a signature, but they would have to prove you actually agreed to renew. If they recorded the agreement, which is what most all companies do, then your verbal agreement is a binding renewal agreement. You have a right to demand the copy of your agreement and also if they are not providing the service they agreed to provide, you have the right to sue them for breach of contract and seek damages and termination of the contract based on breach of contract.