Legal Question in Business Law in Washington
Evergreen Clause
a client is being told by a telcom provider his service agreement automatically renewed for 1yr after he did not notify them of his plans after the initial term expired.
Can they hold him to this if he refuses to pay any cancellation penalties?
2 Answers from Attorneys
Re: Evergreen Clause
That depends. Does the contract provide for automatic renewals unless the company hears otherwise? I'd have to see the contract, but if not, then you ought to be able to get after them.
On the other hand, this may be ripe for a consumer protection claim on the basis of unfair business practices, in which case your attorney's fees may be reimbursed.
If you're interested, you can e-mail me the contract (scanned as a PDF is best) and I'll get back to you with what I think.
Re: Evergreen Clause
This doesn't sound like a consumer contract issue but rather like a carrier contract.
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