Legal advice and opinions wanted :)

   / Legal advice and opinions wanted :) #21  
The company is sending me the paperwork on the contract.


But, I also feel like taking them to court because the fact is what they want is outrageously stupid money for something,


Doesn't matter how outrageous it is, if the contract was agreed to by both parties. The only out is if there was coercion or if one party was not capable of making an informed decision when he signed the contract.


But, since you asked for legal advice, here's the only advice that matters: If you need legal advice, ask a lawyer who knows your local laws, not a bunch of yahoos on some forum.
 
   / Legal advice and opinions wanted :) #22  
I don't know the particulars of how these devices work....but if the transmitter can tell the company where your father is located in an emergency then shouldn't the company also be able to tell you where the transmitter is located?.......there must be a "find my iphone" type feature in it and that would certainly assist you in finding it........Jack
 
   / Legal advice and opinions wanted :) #23  
Could you find a replacement transmitter on craigslist or ebay, cancel the service and when they collect the equipment, the transmitter is there. If it is the right one, it should be able to be programmed to work with the system when they refurb it rent to the next victim. They may not even refurb, just scrap it..

I presume this is about one of those 'alert' systems' for falls, etc. My wife had one, lost the transmitter once (neck chain). Replacement was free. When she died they didn't even want the transmitter back, just the box.

I now have one from a different company and they replaced both the necklace and wrist transmitters and aain didn't want the old one back (they were defective)
 
   / Legal advice and opinions wanted :) #24  
<snip>
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. <snip>

As others have written you entered the contract, pay up, get on with life. There are plenty of other options. Just make sure that you spread the name of the company around so others don't suffer.
 
   / Legal advice and opinions wanted :) #25  
I don't know the particulars of how these devices work....but if the transmitter can tell the company where your father is located in an emergency then shouldn't the company also be able to tell you where the transmitter is located?.......there must be a "find my iphone" type feature in it and that would certainly assist you in finding it........Jack

The location isn't that precise, and it may have a dead battery by now.
 
   / Legal advice and opinions wanted :) #26  
...and it cant be found unless its button has been pushed.

That's a battery saving feature. In essence, it's OFF unless its pushed. If it was ON all the time for two-way communication, the battery would die every few days at best.
 
   / Legal advice and opinions wanted :)
  • Thread Starter
#27  
Got back from a camping trip and saw the paperwork in the mail that I requested.

There is nothing with my signature on it, what they sent me was dated August 2017 (prior to myself signing up with them and is probably the latest contract) and it's basically a order confirmation stating that if I pay by credit card, I agree to the written terms on the documentation they sent me.

What I had asked to be mailed was for the original contract I signed so I can see exactly what I put my signature to.

I'm really starting to not like this company lol
 
   / Legal advice and opinions wanted :) #28  
Got back from a camping trip and saw the paperwork in the mail that I requested.

There is nothing with my signature on it, what they sent me was dated August 2017 (prior to myself signing up with them and is probably the latest contract) and it's basically a order confirmation stating that if I pay by credit card, I agree to the written terms on the documentation they sent me.

What I had asked to be mailed was for the original contract I signed so I can see exactly what I put my signature to.

I'm really starting to not like this company lol


Most likely, the original contract will allow modifications by exceptions (can't remember the correct legal term). Basically, they send you a letter with the new terms (generally it is part of the bill) and unless you elect to cancel or notify them, you accept the new terms. This is very common with credit cards and these types of subscription services.
 
   / Legal advice and opinions wanted :)
  • Thread Starter
#29  
Most likely, the original contract will allow modifications by exceptions (can't remember the correct legal term). Basically, they send you a letter with the new terms (generally it is part of the bill) and unless you elect to cancel or notify them, you accept the new terms. This is very common with credit cards and these types of subscription services.

If I were sent a signed contract with my signature on it stating I'm paying $500 if the device gets lost, I'd eat the bullet and pay.

I just want to see what I originally signed up for. Seems like a shell game to me.
 
   / Legal advice and opinions wanted :) #30  
Kinda on the same topic, at least about contracts. Wife signed up for personal training with a local gym. She noted on the contract that she does not except automatic renewal. Manager went through, white outed the note, then put her initials in the auto renewal section of the contract.

Fast forward to the end of her sessions, they kept pulling money from checking which thoroughly ticked me off. We disputed the charges, wife canceled her debit card and got issued a new one to stop the company from pulling money. They pulled a couple hundred bucks from our checking account at the time we disputed charges.

They sent us to collections. And wanted $1,000. We asked for a copy of the contract. We actually had a copy of the original. They sent us the forged copy. Couple months later, we filed a complaint with the police, and had the company send us a second copy. They had forged the contract a second time and tried to fix the initials. In the mean time we were fighting with the collections agency as well as the other company, and the bank to get our money back. After 4 months, we got our money back, and the collection agency stopped pursuing us. We did have to threaten to sue the collection agency to get them to clean up my wife's credit report.
 

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