Legal Question in Credit and Debt Law in Florida

Breach in Terms and Conditions

Does a Terms and Conditions contract have to state explictly what the fees are for non payments of a service.

In my current delima. I was subscribing to a monthly internet service. The terms stated that a written request had to be made to cancel the subscription, w/o the request it would be considered a breach. There are no remarks as to what the costs are for missing a payment other that a remark about the company using a ''national credit and collection and credit reporting agency''. As a result of my ''breach'' I am being charged for three months.

I was not in an annual contract nor did I sign a contract. I have made an offer to pay for the month I missed but refuse to pay the three months being demanded of me. The service is not offered exclusivle to me, I am a subscriber to a service that is offered to many others.

My question. Am I obligated to pay the full amount being demanded or do I have some recourse?


Asked on 5/15/08, 3:31 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Breach in Terms and Conditions

Without a liquidatede damages provision, it would be up to them to prove they were monetarily damaged in an amount equal to 3 months as compared to 1 month.

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Answered on 5/15/08, 5:57 am


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