Legal Question in Consumer Law in Florida

ADT Security Services

Our house alarm went off 4/18/09 (my son) and after a minute I turned it off. The alarm company did not call and I remember this happening a couple times in the past (all our fault). When I called the monitoring station to see if they received an alarm they said no. The reason being was that my service stopped on 4/07/06. This is over 3 years! I did not cancel service and did not get a notice about it being cancelled. I have been paying the quarterly invoice every time (last one paid was 4/8/09).

It freaks me out to think that all the times I was gone and thinking my family was protected. And it makes me angry that they would stop service and continue to receive payment for more than 3 years.

What are the options if any?

Thanks


Asked on 4/19/09, 8:54 am

2 Answers from Attorneys

Andrew Moler Law Offices of Andrew C. Moler, P.A.

Re: ADT Security Services

Thanks for your question. First of all, you had a contract with the company to keep your service on unless you stopped paying for the service. Otherwise, the company had an obligation to continue your service. Thank goodness you did not have an attempted break in while you service was off without your knowledge. I suggest that you contact the company and demand a refund for all the payments you had made without the service being provided. The company has breached the contract and has been unjustly enriched by being paid for something the company did not provide. I hope this helps. I am not sure where in Florida you are located. I am in Orlando. If you can't get the problem resolved please contact my office.

Regards,

ACM

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Answered on 4/19/09, 11:34 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: ADT Security Services

Yuo are entitled to a refund and interest on your prior payments. You are not entitled to payments for any distress or emotional injury, if any.

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Answered on 4/19/09, 12:43 pm


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