Legal advice and opinions wanted :)

[Sigarms]

See below

http://www.tractorbynet.com/forums/...perience-life-alert.html?highlight=life+alert

Long story short, after my fathers last sisters funeral last month (he was one of 10 and he's the last living sibling) apparently he lost his "signal device" for the alert company (or at least, this is when he noticed he didn't have it anymore).

I've been paying for everything myself, about $600 a year in "maintenance and operational fees" as well as the up front cost of buying the product.

The company is sending me the paperwork on the contract.

The issue? For a key chain mobile device, it's a $500 replacement fee.

If I discontinue the service, it's still a $500 replacement fee.

As I've told my wife, this is a "FU" bend over price for a simple transmitter.

I'm over 50, and the only invoice I've never paid in my life was for a mechanic, and it's a long story, but I told the mechanic that if he wants, take me to court and I'll do whatever the courts decide I should do (he never did take me to court and he still had some of my money).

I'm at the same place with this company. I'm pigheaded enough that I'd pay the $500 fee and then find another company. But, I also feel like taking them to court because the fact is what they want is outrageously stupid money for something, added the fact that the product is in the hands of a going on 87 year old guy who is still pretty smart, but can still get flustered with his age in his thought process, and the reality is sometimes he does get forgetful. I take that back, I may stick with them, but ensure EVERYONE knows about this "screw over price" process.

So, am I screwed even if I go to small claims court?

Never really had to push something, but here I may. As my wife stated, after you get the laywers involved, it may just be cheaper to pay what they want. But, have I mentioned I can be pig headed?

That said, no lie, haven't been overall happy with this company as they were supposed to send me monthly updates, but they never sent me anything, but figured the process would be a hassle to change since I already had the service. My point is they haven't gone out of their way to earn my business, added the fact that they are on ATT for mobile, out of Pennsylvania as my father, and sometimes he doesn't have service in the same state (long process, but the signal does go out in a emergency but can take "longer", just that ATT doesn't have good coverage where my father lives).

 

[RNeumann]

I've had good luck with Simpisafe. They have some of the monitoring features without monthly contracts or inflated replacement costs.
One of our local alarm company's tried the same thing with us- $500 fee. It was on a little office rental. We were so turned off by the practice we cancelled their service on all our commercial property- the $500 fee ended up costing them a few thousand a year.
As far as paying- that's up to you. What is the language in the contract you sign? Beyond that it's impossible to decide for you- man of principal vs man of your word.

 

[LD1]

Yep. All up to what the contract says.

At least for $500 you get a replacement.

Not really any different than outrageous ETF, for any service. Cell, TV, etc.

If you signed the contract that spells all this out, you are legally obligated to pay. If you refuse....it's doubtful things will go past collections.

I, like you, have refused to pay a bill only once in my life. It was sprint/nextel. My first endeavour with two smart phones. Had nothing but problems since day 1, and numerous calls. They kept telling me try this, try that, wait for the next update, etc. Pushed me past a 30 day return period. Then refused to help at all. Cost of the phones, + service + etf's....left them hanging with a $1248 balance. Went to Verizon. Got calls from collections several times for a year, but that was it. Since there was no settlement it never hit my credit report either. But I felt justified because we had a 2-year contract....that THEY didn't uphold. Because two phones never worked right and they refused to give me new or different phones on their dime.

Your case is similar. Though can you justify your actions? If you signed agreeing to pay $500 for a replacement...then it's simply like rneuman said....are you a man of principal, or man of your word

 

[dmccarty]

Surely the device is still in the house somewhere... Behind or under a couch, bed, or chair. Maybe down in the couch, bed or chair.

This is a perfect story for the local news station:

• 87 year old man.
• Last of his siblings
• On a fixed income
• Buys an expensive service for protection
• Company is charging an outrageous fee said service.

I would be shocked if the local "Five on Your Side" is not all over the company.

Are their elderly services in his area that can be contacted? They might have handled this sort of situation before. Stuff like this starts to stink legally and the state attorney might be interested. Would not be the first time, nor the last, that elderly are exploited.

Later,
Dan

 

[/pine]

O/T and does nothing for the OP...but relevant to the topic of such services...

FWIW...I realize it's not the same as a manned response service...but for a one time (device) fee of less than $100.00 you can set up your own remote emergency call system...

Do a search for something like "remote call 911" etc... or "no contract remote 911"

The personal signal devices are exactly the same hardware as those used by expensive service companies...

 

[2LaneCruzer]

Courts won't usually look into an agreed contract price unless there is something like one party taking undue advantage. If you paid for the product up front, why would you have to pay to replace it, even if you cut off the service? Read your contract. Small claims is usually set up to accommodate a plaintiff who acts as his own lawyer, so that's where I would go if you think you have a case. Also, you might check and see if they aren't required to have a license to conduct business in your state; if so, sometimes the licensing agency can be very helpful.

 

[japody]

Whose name is on the contract? If it's your father's, tell them to stuff it! I don't think you have to worry about your father's credit rating at this point.

 

[RickB]

Yep. All up to what the contract says.

At least for $500 you get a replacement.

Not really any different than outrageous ETF, for any service. Cell, TV, etc.

If you signed the contract that spells all this out, you are legally obligated to pay. If you refuse....it's doubtful things will go past collections.

I, like you, have refused to pay a bill only once in my life. It was sprint/nextel. My first endeavour with two smart phones. Had nothing but problems since day 1, and numerous calls. They kept telling me try this, try that, wait for the next update, etc. Pushed me past a 30 day return period. Then refused to help at all. Cost of the phones, + service + etf's....left them hanging with a $1248 balance. Went to Verizon. Got calls from collections several times for a year, but that was it. Since there was no settlement it never hit my credit report either. But I felt justified because we had a 2-year contract....that THEY didn't uphold. Because two phones never worked right and they refused to give me new or different phones on their dime.

Your case is similar. Though can you justify your actions? If you signed agreeing to pay $500 for a replacement...then it's simply like rneuman said....are you a man of principal, or man of your word

Pretty much sums it up.

 

[bspeedy]

Whose name is on the contract? If it's your father's, tell them to stuff it! I don't think you have to worry about your father's credit rating at this point.

Yeah ^^ this.

One of my life's goals is to have no credit rating and no need for one.

The 500 dollar fee to cancel can be assessed, but can it be COLLECTED?

 

[Sigarms]

Thank you for the opinions.

Contract is entirely in my name, address is in NC. My father is in Pennsylvania. I've made all the payments.

I asked them to mail me the signed contract. Honestly, looking at the original thread, I've had it going on 3 years and I need to dig my paperwork. That said, scout camping trip this weekend, Oklahoma for work next week and a host of other things when I get back, sometimes it's a struggle just to get a walk in with the misses.

My father, even though at 86 or so, still travels a lot. The reality is the transmitter could be between Pittsburgh and the middle of New Jersey, add Florida. If he can't find it by now, he probably never will as he's been looking for it.

Absolute worst case, I pay, but in monthly installments (they gave me that option before, but always paid full up front). Way I see it, by making monthly payments, it buys me some time to research my options more. I will, no matter what, make a "reasonable stink" about it via various avenues directly with the company. It will take more time, but 2lane's suggestion makes more than common sense which I didn't think of.

I'm sorry, but giving a little device to a 80+ year old person and keeping it in your pocket (their instructions), I can't help but think that a "old" person sooner or later is going to misplace it. Then to charge them $500 for a piece of plastic no bigger than the size of a silver dollar to replace it? Talk about having you by the balls...

I'm hoping to find a silver lining. Dad pulled in an hour ago, and tonight at dinner, may ask him when he's finally going to move in:laughing: