Los Angeles, CA asked in Consumer Law and Business Law for California

Q: Is it a breach of contract or fraud for a company to collect monitoring fees but not provide the monitoring service?

The company is Teletrac upon merging with Navman in 2018. They had no record regarding my contract, nor equipment installed in vehicle, yet continued charging for monitoring that did not exist. I ask reimbursing annual fee of $180 to 2018. They will not. They only agree to reimburse from August this year to Feb next year when next annual payment is due. Is there any legal recourse against this company? They have ripped off many businesses. Look them up on Pissedconsumer.com. Please stop this company from fraudulent activity!

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2 Lawyer Answers
Daniel Timothy LeBel
Daniel Timothy LeBel
  • Consumer Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Based on these facts, it sounds like those claims would be viable as well as others under California consumer protection statutes. Of course, statutes of limitations apply so you should talk to an attorney experienced in handling class actions, and specifically consumer claims such as these, as soon as possible.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Based on what you described, it sounds like you could potentially have a claim for breach of contract or even fraud against Teletrac Navman. Under California law, if a company is charging you for services that they are not providing, that generally would be considered a breach of contract. Additionally, if they knowingly and intentionally failed to provide the services while representing that they were, that could potentially be considered fraud. You should gather all relevant documentation and evidence, and consider seeking legal advice from a professional who can assist with contract or fraud matters in California to explore your options for legal recourse. You might also explore whether other customers have had similar experiences and whether there is a potential for a class action lawsuit. Remember, it's always a good idea to consult with a professional to understand your legal rights and options.

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