Legal Question in Consumer Law in Massachusetts

Is there any law in MA that protects consumers from those automatically renewing contracts that make it impossible to cancel? Safe Home Security just roped me into another 3 years of expensive fees on my CC, denying my cancellation letter over the postmark date. They gave me no notice that this was going to happen until AFTER it renewed.


Asked on 1/19/10, 5:07 am

1 Answer from Attorneys

Warren Wood Law Offices of Warren Wood

The fundamental consumer protection law of the Commonwealth of Massachusetts is M.G.L. Chapter 93A. This law makes unfair and deceptive acts and practices illegal. What constitutes "unfair" and "deceptive" is left to broad case-by-case legal intepretation. Along with unfairness and deception, acts and practices which are deemed "unconscionable", "harsh" and "oppressive", are also often held to be illegal in Massachusetts.

When in doubt, a simple letter from an attorney can often assist you in cancelling an "evergren" (i.e. automatically self renewing contract.). Few companies wish to turn a consumer cancellation (even a late one) into full blown litigation.

In addition to 93A, you have standard contract defenses available to you also (For instance: a) Changed circumstances; b) insolvency; c) destruction of circumstance; etc.). See your lawyer for help with all of these and much more.)

Home security contracts are often cited as worse offenders in this catagory. Good Luck!

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Answered on 1/24/10, 7:36 am


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