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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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Three years ago, I signed a contract with a home security company.

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Three years ago, I signed a contract with a home security company. After 1 year, I discoverd that they never monitored my home. I received 1 bill in 2007, and have not had a bill or services until receiving a bill 2 months ago, after the contract ended. They renewed under an automatic renewal clause. They are billing me monthly without providing monitoring service. I wrote them after the 1st bill, stating that I did not want there services. In Florida, what is my liability?
Thank you for your question.

When exactly did you send them this letter? Just to be clear, they stopped billing you, and now recently re-started?
Customer: replied 6 years ago.
We sent 2 letters, corresponding to the 2 recent bills. September and November 2010. You are correct on your second sentence. In 2007, I received one bill . They stopped billing until now. Also, is there a law in Fla. prohibitting renewals of dormant contracts?
Thank you for your follow-up.

If they stopped billing you, you ca claim "acceptance" of your original letter claiming that the contract was canceled. That is most likely your best approach, if they decide to pursue it. Now, there is no specific law on point in Florida that permits or denies the revival of what you deem to be a dormant contract, but the Florida version of the UCC can give you some defenses, mostly on grounds of breach of contract on part of the company (failure to actually perform the service contracted),

I would suggest that if they keep bothering you to inform them that if they continue to do so, you will take them to court for breach of contract since 2007, negligence (lack of billing on their end), bad faith breach, and punitive damages. Also inform them that even an automatic renewal contract must be renewed by the other party--since billing ended for over 2 years, the contract is legally deemed void.

Good luck.

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 5:05 AM EST
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