Legal Question in Consumer Law in Massachusetts
Unauthorized lawn service - potential credit rating damage
We had been receiving lawn fertilization services from a lawn company last year. This year, without our approval or any notice, they fertilized and limed the lawn and then left a sizeable invoice for the work in the doorway.
That evening, we emailed them notice that we had not ordered these services, and had no intention of paying. They replied that on last year's invoices, there reads: ''For your convenience, service continues from season to season. For a change in service, please call our office''. They claim that this obligates us to continue ''service'' with them unless we have notified them otherwise.
We never signed any written contract with these people and never approved any service for this year.
Less than 6 weeks later, they have turned the bill over to a collection agency, and I am concerned this will damage our excellent credit rating.
This lawn service currently has the lowest BBB rating possible: ''F''.
1. What's the best way to prevent them from destroying our credit rating over this?
2. Does the invoice wording above obligate us?
3. I would like to send them a 93A letter, but am unclear on how to specify damages.
4. Reports to Atty. General and BBB, but they likely already have many complaints.
1 Answer from Attorneys
Re: Unauthorized lawn service - potential credit rating damage
Massachusetts General Laws Chapter 93A allows for nominal damages in these types of cases if actual damages are difficult to determine. There are additional causes and claims you might wish to consider, including defamation ( of credit, etc.).
You might consider having a consumer law firm assist you.
This Office provides free initial legal consultations on certain consumer matters.
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