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Can Internet provider auto renew for another term without notifying the consumer?

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JMProp

Junior Member
What is the name of your state (only U.S. law)? California

Our internet/telephone carrier auto renewed our service contract for another 3 years without notifying us. Is the contract valid? I was told companies cannot auto renew service contracts. Is there a way to fight this?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? California

Our internet/telephone carrier auto renewed our service contract for another 3 years without notifying us. Is the contract valid? I was told companies cannot auto renew service contracts. Is there a way to fight this?
What you were told about companies not being able to have automatic renewal service contracts is incorrect. They can.* But to have an automatic renewal clause in a contract, the business must follow California's conditions on automatic renewals.

Here is a link to Business and Professions Code, Sections 17600-17606, California's law on automatic renewals:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=17001-18000&file=17600-17606

Essentially what the law says is that a business that offers services with an automatic renewal clause in their contracts must have that renewal clause prominently displayed in the contract and in clear language that a consumer can understand. The consumer must specifically consent to these automatic renewal terms in the contract prior to the consumer being charged. And the company must provide the consumer with an acknowledgement form with information for the consumer on how to cancel the agreement (with a toll-free number or email address or another easy way for the consumer to contact the business).

There have been a class-action or two in California against businesses that have failed to meet their legal requirements. Whether your company has met all of the requirements would require a review of your contract.



*there are a few businesses that are exempt from the law but internet service providers are as a rule not exempt
 
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JMProp

Junior Member
Auto Renewal Not on the Contract-Virginia Jurisdiction Contract

Thank you for your reply.

The contract we signed in itself does not mention anything about auto renewal. The billing statements have a disclosure that contract is renewed automatically. Also the contract has a Jurisdiction and Venue clause that reads, "This Agreement shall be governed by the substantive law of the Commonwealth of Virginia without reference to its principles of conflicts of laws. Customer consents to the exclusive jurisdiction and venue of the Federal District Court for the Eastern District of Virginia or the State courts in Fairfax County, Virginia." Does the California Business and Professions Code apply to this case? What is Virginia's law on auto renewal?
 

justalayman

Senior Member
Does your contract allow for amendments or modifications by notice such as you have been given on the monthly billing statements?

If not the terms of the contract cannot be modified by notice in the monthly billing.
 

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