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I advertised with dex yp last year and did not renew the…

Customer Question
I advertised with dex...

I advertised with dex yp last year and did not renew the phone book ad this year despite attempts made by the sales rep to renew me. Then they billed me saying it auto renewed even though I did not sign a new contract or approve proofs. I am in Florida and would like to know if there is something I can do

Lawyer's Assistant: What steps have you taken so far?

I just asked them to send me the documents

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 4 months ago.Category: Consumer Protection Law
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Answered in 18 minutes by:
3/19/2018
Consumer Protection Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Consumer Protection Law
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. The key to this issue is what language appears in the contract you signed for the advertisement last year. That said, the fact that a sales rep contacted you to renew, leads me to believe that they certainly did not view the contact as an auto-renewal, unless the contact with that sales rep was just inquiring what, not if, you wanted to include in an ad this year.

If there was no auto-renew provision in the prior advertising contract, you may consider sending a written request/demand for return of the funds if they billed a credit card or bank account or stating you will not be paying the bill as you did not approve any advertising for this year.

If there is an auto-renew provision, you would want to review what is necessary to terminate the auto-renew. If it requires notice in writing, go ahead and send that notice now to avoid being billed next year and then consider including a request not to be charged this year as no proof was ever sent and in your conversations with the sales rep at no time was it indicated the old ad would run if no further action was taken. If termination does not expressly require it be in writing, you may be able to deem your conversations with the sales rep indicating no further desire to advertise as termination.

I am sure this is frustrating. There may be legal recourse, depending on the terms of the contract you signed last year. But even if not, you may still want to consider asking for a refund and explaining that the company and sales rep were unclear and that you would like to consider advertising in the future but given how unclear the communication was on this year's advertisement if you can't find a resolution you do not believe you will be in a position to do any further business with them. Sometimes the business aspect is as important as the legal aspect.

I hope this is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Category: Consumer Protection Law
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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).

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