Legal Question in Civil Litigation in Georgia
Posting this question again with specifics.
Few months back, my garbage service company quietly added a 12 month contract condition to the back of the bill, without asking for my written approval. I am using this company for 2 years
without any contract (at will). I failed to see the notice on the back 6 months back and paid the bill. Now when called to cancel the service, they are asking for 6 months damages ($100), as written on back of the bill.
Can my payment of the bill 6 months back be considered as my agreement to contract conditions?
They are asking for $100 damages. Is it worth fighting for?
If they go to small claims court against me, can they ask for Attorney cost, in addition to $100
dollars, which could be many times more?
Notice at the back of the bill
----------------------------------------
Price lock guarantee twelve month terms & conditions:
Please read the following: Prompt payment of your quarterly fees allows you to contract for
price lock guarantee and services for next 12-months, and are bound by these conditions:
Quarterly Payment: Your are responsible for paying quarterly fees in furtherance to your
disposal and pickup.
Price Lock/Automatic Renewal: Price lock and service is automatically renewed at the beginning
of the quarter upon payment for the next 12 months. The same price and level shall be extended
to customer by XXX company beginning each quarterly renewal for the next 12-months. If due to
unforeseen circumstances or changes in the market, a price increase is necessary, you should be given absolute right to opt-out of the contract. Early termination shall result in a one-time
payment of liquidated damages in an amount equal to 6 months service. Customer agrees that the
liquidated damages amount is reasonable, does not constitute a penalty, and is being established
due to the difficulties and inconvenience associated with attempting to establish the exact amount of loss which may be sustained by the company. Notwithstanding the above, the company may allow premature termination based on its sole discretion arising out of conditions that are not in control of the customer such as relocation.
Limitation of Liability: In no event shall the XXX company be liable for direct, indirect, incidental, exemplary or consequential damages arising out of its service.
Serviceability: If any provision of this agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable.
1 Answer from Attorneys
It is highly unlikely they would file a lawsuit. They would probably just put it on your credit report and put the burden back on you. That would potentially cost you much, much more than $100 over time with higher interest rates on other debts. You can dispute it up the line wiht the company, or just serve out the remaining months (since you said this was done several months ago) and switch. You can warn others on the various review sites, contact the county agency that regulates them, the GA Dept of Consumer Affairs, and things like that. It is not worth a legal battle,
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