Legal Question in Consumer Law in California

Contract Rollovers without notice

I signed a contract for home security monitoring. Contract was for two years and I had to notify company at least 90 days before the end of the two years that I wanted to cancel the contract. I gave written notice of canceling the contract at the end of the two year contract three days after signing the contract with the company. The company rolled over my contract and would never acknowledge having recieved my notice. Is it legal in the state of California for a contract to be rolled over without notice for a period of one to three years?


Asked on 9/07/04, 12:16 am

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Contract Rollovers without notice

I'm not sure I understand your question. First of all, check the contract to see if a notice of intent to terminate the agreement had to be made during some specified period of time.

Regardless, you should advise them, in writing, to stop providing service IMMEDIATELY. What damages they're entitled to, if any, can be calculated later. The important thing is to instruct them to provide no further services.

Let me know what develops. They may try to charge you an unenforceable early-termination fee. You might even have a case against them.

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Answered on 9/07/04, 12:54 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Contract Rollovers without notice

Did you send that cancel letter certified? Did you retain a copy? Does the contract say you have to give notice within 90 days of the end of the termination of the agreement? Or just 90 days prior? You may contact me.

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Answered on 9/07/04, 5:36 pm


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