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Legal Question...Garbage Service

Discussion in 'Other Off Topic Forum' started by Jerrari, Jan 28, 2004.

  1. Jerrari

    Jerrari F1 Veteran

    Jul 24, 2001
    5,458
    Michigan
    Full Name:
    Jerry Wiersma
    I wonder if one of the lawyers out there can tell me if this is a binding contract. I signed a 3 yr contract w/ Sunset Waste in 2000 to pick up my dumpster once/week. In fine print (which I did not initially see) it says that at the end of 3 years, if you do not contact us within 30 days of that 36 months, the contract AUTOMATICALLY renews for another 3 years. That 3 years expired last September and I called them last week to cancel (after they sent a notice of a rate hike) & they said I could not do that (without a huge penalty). Is this contract something that would be held up in court if I challenged it? Thanks in advance, Jerry.
     
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  3. BWS550

    BWS550 Wants to be a mod

    Apr 1, 2002
    8,933
    NEW JERSEY
    Full Name:
    BRUCE WELLINGTON
    JER

    DONT ARGUE OR YOU WILL SLEEP WITH THE FISH....

    ASK ROB FERRETTI HERE ON THE CHAT, HES OUR LOCAL GARBAGE SPOKESMAN..

    BRUCIE
     
  4. Dino

    Dino Karting

    Nov 3, 2003
    116
    San Diego
    Jerry,

    I suspect you can negotiate your way out of that provision,.... probably at a cost. I tell my clients to immediately send notice of "opting out" of any provision like that at the outset of the contract...so they don't forget to do it later. Your atty would need to argue that the contract is unconscionable (unfair & unrealistic terms) and an adhesion contract. I would suggest searching the local court filings for other suits against this company on the same issue, as I suspect you are not the only customer with this dissatisfaction. The manner in which those claims resolved would be informative to you and your atty.

    Dino.
     
  5. future328driver

    future328driver Formula 3

    Dec 10, 2001
    1,795
    Dallas, Texas
    Full Name:
    Ken Thomas
    I agree with Dino. You would have to prove that the renewal provision is unconscionable. You can try to negotiate with the garbage company, but since you signed the contract with the provision in place, they probably will not budge unless you threaten legal action. The outcome of any suit will also depend on the consumer rights laws in your state. Check out the consumer code wher you live and see if you have a way out. SOme states are much less consumer friendly than others.

    Good luck.
     
  6. Jerrari

    Jerrari F1 Veteran

    Jul 24, 2001
    5,458
    Michigan
    Full Name:
    Jerry Wiersma
    I will check for other suits against these guys, thanks!
    Bruce, LOL, I asked the rep if they were owned by the mob when she told me this.
     
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  8. Kds

    Kds F1 World Champ

    Bruce....

    You just brightened up my day.

    Maybe I'll watch my Soprano's DVD tonight.
     
  9. WILLIAM H

    WILLIAM H Three Time F1 World Champ

    Nov 1, 2003
    34,891
    Victory Circle
    Full Name:
    HUBBSTER
    We were just covering that in law school yesterday. Fine print or hiding pretinent info is known as an Unconscionable tactic & could get the extension dropped
     
  10. BWS550

    BWS550 Wants to be a mod

    Apr 1, 2002
    8,933
    NEW JERSEY
    Full Name:
    BRUCE WELLINGTON
    WILL

    WOULD THE "BOYS" BE DROPPED TOO??
     

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