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Loren, Attorney
Category: Legal
Satisfied Customers: 33114
Experience:  30 years experience representing clients.
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I signed an Alarm Monitoring contract with APX (Now Vivnt)

Customer Question

I signed an Alarm Monitoring contract with APX (Now Vivnt) in July 2009. After the 39 month initial contact expires, it has an evergreen clause which took affect in September. I had no idea this was legal, or even thought about it renewing. After 8 years I thought I was going month to month. Anyway, I entered an agreement with front point in November of this year. Now Vivnt says I have to sell my contract, or pay them. There is no law an Texas that can shield me but I don't want to pay almost $600 to get out. I switched to save money. What can I do?
JA: Has anything been filed or reported?
Customer: Not yet, I just sent written notice to cancel
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 8 months ago.

Unfortunately Texas has no state laws that regulate auto-renewing contracts in general. House Bill 1702 from the 80th Regular Session of the Texas Legislature sought to restrict the automatic renewal of contracts, but this bill did not become law.

Expert:  Loren replied 8 months ago.

Unfortunately, you are held to agree the terms contained in the contract you signed.

You can try to negotiate a settlement with the company or stop paying and wait until they sue you to try to negotiate with the attorney or collection agency, but they do have a viable legal claim against you for the renewal of the contract.

Otherwise, I am sorry to say, your legal options are somewhat limited in this situation.

Expert:  Loren replied 8 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.