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Automatic Renewal on Service Contract

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need help

Guest
We are using a uniform service. The fine print says 90 days before cancellation we must notify them. We didn't have a copy of the fine print and called to cancel contract and they said no. The contract started in 1997. In 1998 we tried to cancel and they told us we had a three year contract. At that time I said we wanted to cancel but have no notes in writing. The faxed us the front page of the contract we signed that said it was a 36 month contract. Since we didn't have the fine print we didn't know it was automatically renewable. Now it has been renewed for another 3 years because we didn't know to write letter 90 days before renewal. They said they will sue us - can they and will they win?
 


T

Tracey

Guest
Sue them for bad faith in not providing you with a copy of the entire contract, thereby not letting you know how to cancel the contract. You're gonna need a contract attorney for this. The good news: the fees are deductable. Alternatively, you can just breach the contract & see if they really sue you. If they do, you use unconscionability/bas faith as an equitable defense.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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