Legal Question in Business Law in California

Home Security Rollover Contract

I signed a contract for a two year home security monitoring in October of 2006. I phoned the security provider to inform them of my cancellation, and I was informed by them to fax a notice of cancellation.

When I followed up, the security provider insturcted me that because I failed to submit my notice 60 days prior to the end of the previous contract, they automatically enrolled me with another 2 year contract.

Is this legal? Is there a law that protects California residents contracts from roll over contracts without prior written notice? Nor have I not signed any documents stating that I have agreed to such an obligation.

When I called to complain about this to a customer representative, I was put on hold for nearly 30mins and so I hung up.

What is the legality of out-of-state rollover contracts without an authorized written signature?

Thank you in advance for your response.


Asked on 11/29/08, 1:54 pm

2 Answers from Attorneys
Joshua Heard

Re: Home Security Rollover Contract

Read the contract. If that provision is in the contract, you are out of luck and are stuck with another two years of service. Send them another cancellation letter by fax and mail now for the next 2 year period. There is no law to protect you in this instance.

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Answered on 12/01/08, 10:00 am
Terry A. Nelson Nelson & Lawless

Re: Home Security Rollover Contract

Your worst case scenario is that you stick to your position, don't pay and see if they sue you. I doubt a judge will agree with them.

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Answered on 11/29/08, 2:38 pm


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