Kernersville, NC asked in Consumer Law and Contracts for North Carolina

Q: Do I have to continue to pay my home alarm bill?

My system is a 2G. It is out of date, and the alarm company cannot monitor it. They will not upgrade it unless I sign a new 5 year contract. I have 1 year left on the current contract. I plan to cancel it then. They won't let me cancel now without paying the amount still left for the remaining year. This is Safe Home Security, and they do this to people hoping we won't notice that they are extending another 5 years.

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Licensed in North Carolina

A: You did agree to pay for the entire term, but if they cannot provide the service you contracted for, they breache your contract. I am assuming you signed up for an automatic bank draft or automatic credit card payment. Depending upon how much you are paying, you may decide to just let it roll through and mail them a letter (certified mail) advising you will not be renewing. If you want to stop paying, you can try mailing them a certified letter revoking your consent to the automatic draft. Your best option may be to go to your bank and try to cancel the automatic draft, or honestly open a new bank account at a the same bank, switch every automatic draft to the new account but that one, and then they can;t take the money any more. If you have problems you need to take a copy of the contract and all information to an attorney who understands the requirements of the EFTA (electonic fund transfer act). If they refuse to cancel the contract because they cannot provide the service and they refuse to cancel the automatic draft, you may have claims for violation of the EFTA.

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