Legal Question in Consumer Law in California

Hi, I recently rented a dumpster online from a company I had previously used. Because I had used them before we scheduled a drop off date and I was emailed a credit auth and a terms and conditions doc to sign and return. I was to schedule a pick up date when the dumpster was ready to go. 7 days after the dumpster was dropped off a truck was dispatched to pick it up. I had not scheduled this and we sent the driver away because we needed a few more days. I phoned the company and explained this to the gentleman on the phoned and was told I would be charged for the canceled dispatch. He than said that all containers would be picked automatically after 10 days if no pick up was scheduled. When I got off the phone I realized that I'd only had the dumpster 7 days. I reread the docs I signed under the terms and conditions I found no reference to 7 day rentals, it stated all rentals were for 10 days with an additional charge for added days, and you must call to schedule for pickup. The credit card auth. doc I signed stated, I would authorize payment if I agreed to the terms per their terms and conditions doc. When I sent an email questioning why I would be charged if I never scheduled the pickup, he stated that the rental was for 7 days and because I didn't call they came to pick it up. In addition I would be charged for the 4 extra days we had the dumpster and the canceled pickup. I might add that the dumpster was already delivered the day I filled out the and signed both documents. This feels unethical to me . When I told him the docs I signed clearly stated all rentals were 10 days and I agreed to their terms, I was told this was a different arrangement because the estimate said 7 days and charges added for additional days. The emails he sent were more and more wishy washy, just making it up as he went along. I know this long is winded sorry, so my question is am I legally responsible to pay these fees?


Asked on 9/14/15, 12:47 pm

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

The contract they sent you will govern the transaction. This appears to have been their error, but they still might try and charge you. If they do, dispute the charges with your credit card company. If that doesn't work, sue them in small claims.

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Answered on 9/15/15, 7:36 am


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