Legal Question in Consumer Law in Texas

Automatic renewal clause

I recently sold my house, and when I called to cancel my alarm system services, I was told that it had just automatically renewed for another year. I originally signed a three year commitment, which is really all I ever intended, and which was almost up. But I missed the 30 day written cancellation notice, so essentially I have to pay them a years service I will not require.

I pulled up my contract and sure enough in small print is the auto-renewal clause and the company will not budge or compromise on a settlement.

I was told a few states have protection for the consumers on these automatic clauses. Is there anything with the Texas laws that will help me opt out of the contract now that I've fulfilled the original three year commitment?

Thank you for your help.


Asked on 7/26/04, 5:58 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Automatic renewal clause

A quick look through case law did not lead me to anything that would specifically give you the protection you're looking for. Arguably, a key clause written in fine print, buried in the rest of the boilerplate without attention being drawn to it, may be a deceptive act or practice. That, unfortunately, is not a given but requires a determination by the finder of fact. Do you want to launch a lawsuit to get out from under another year of paying?

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Answered on 7/26/04, 6:37 pm


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