Legal Question in Business Law in Illinois

I am stuck in a contract that rebinds every few years. We have not received any notice whatsoever of the contract being renewed automatically, and upon asking we were told "it was too late to cancel" when it really wasn't.

The biggest frustration is that this company would not respond to any of our attempts at reaching them. Countless emails and letters with no response. After many many attempts we occasionally have a representative only tell us that we're under contract and must buy out of it by paying the rest of the term on the spot.

There are many more details, but one angle I thought of myself to break myself free, is their own contract infringement. They state that they may change the price at any time, but nowhere does it say they can change the day they provide their service. They changed the day of the week with absolutely no consultation. Also, can the contract be automatically extended without any kind of notification from them? Would either of these nullify the contract?


Asked on 3/30/12, 3:21 pm

1 Answer from Attorneys
Stephen Messutta

You apparently are familiar enough with the terms of the contract at least insofar as how it renews and how it can be terminated. So let's say you made a good faith attempt to terminate (or not renew, depending on the contract terms) and now the other party is telling you the termination or non-renewal was defective and you're "stuck" for another two years. This is what we call a legal dispute. You can continue to try this as a "DIY" project, wait to be sued and then try again to defend yourself (at which time you could risk having to pay damages, court costs and -- if the contract allows it -- attorneys fees). Or if you weigh the economics have an attorney review the contract and all your communications with the other side, and see if you can be helped now before things get "wackier". No attorney here will review a contact this potentially complex without the opportunity to fully review it and all relevant communications.

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Answered on 3/31/12, 9:12 am


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