Home Q&A Forum Can a company change the terms of a customer contract without notifying the customer?

Telecommunications

Customer Contract

California

Asked on Dec 3, 2024

Can a company change the terms of a customer contract without notifying the customer?

I am a customer of a telecommunications company and recently noticed that my monthly bill has increased significantly. Upon reviewing my contract, I realized that the company had changed certain terms, including the pricing structure, without providing any notification or obtaining my consent. I am concerned about the legality of this action and whether I have any recourse to challenge the changes and potentially terminate the contract without penalty.

Answers from 1 Lawyer

Answer

Telecommunications

California

Answered 556 days ago

Hello! My name is Dolan. I'm so sorry about this situation! I want to address your situation with a detailed response. The short answer? No, a company can’t just change your contract terms without letting you know. That’s not how contracts work. Both sides are supposed to agree to changes, and if they didn’t notify you or get your consent, that’s a problem. Most telecom contracts have a clause saying they can change terms, but they usually have to give you notice. Sometimes, they even have to let you cancel without penalties if you don’t agree to the new terms. If they skipped that step, they might’ve breached the contract. Check your contract for any mention of changes and notifications. If they broke their own rules, you can challenge the charges. If they didn’t notify you, you might also be protected under state laws or FCC regulations. Start by calling them and explaining your issue and document everything. If they won’t fix it, you can file a complaint with the FCC or the state’s attorney general. Best of luck! Dolan

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Can a company change the terms of a customer contract without notifying the customer?

I recently signed a contract with a company for a service, which outlined the terms and conditions, including the price and duration of the service. However, I recently received a bill with a higher price than what was initially agreed upon, and upon reviewing the contract, I noticed that the company had made changes to the terms without informing me. Is it legally permissible for a company to unilaterally modify the terms of a customer contract without providing notice or obtaining consent from the customer?

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5.0 (430)

Dolan W.

Answered Sep 27, 2024

Hello and I'm so sorry this is happening to you. So legally they can't charge more than what was agreed. Under California law, a breach of contract occurs when one party fails to fulfill a legal duty the contract created and causes damages for the defendant. (California Civil Jury Instructions Number 303.) The measure of damages is the amount that will compensate the aggrieved party for all the detriment caused thereby or likely to result therefrom. (Cal. Civ. Code § 3300.) The law also prevents modification without additional consideration (something in exchange for binding the new amount) You can file a lawsuit in your local court. If you’ve already sent a bunch of letters, then the truth is this is the only way to compel them to do anything. Best of luck!

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Business Contracts

Customer Contract

Massachusetts

Asked on Jul 23, 2024

Can a company change the terms of a customer contract without notification or consent?

I recently entered into a contract with a company for a monthly subscription service, which outlined specific terms and conditions including the price, duration, and cancellation policy. However, I recently discovered that the company has changed these terms without any notification or consent from me, resulting in increased fees and a longer contract duration. I am concerned about the legality of this situation and whether the company has the right to unilaterally modify the contract without my agreement.

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4.7 (1)

Richard G.

Answered Aug 13, 2024

The answer to your question is, as so many answers in the legal world..."it depends." It depends because it is possible that the company could have included in the original contract with you a clause preserving its right to change its policy without notice (although it could be argued that such a clause is unenforceable in a court) or it original contract may include language in which you waive your right to notice or some other similar waiver. The contract you are referring to in your question would need to be reviewed by an attorney practiced in contract law.

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Asked on Mar 30, 2021

What are the most important things to look at in a term sheet?

I am expecting to get a few term sheets from investors in the next month. I want to know what I should be looking for.

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4.9 (5)

Ramsey T.

Answered Mar 30, 2021

Every term in a term sheet, by definition is important. A term sheet is a summary of the most important parts of a "deal" - a way of getting to and negotiating the hear of the deal before filling in the gaps with boilerplate. Therefore, you should make sure that you understand all of what has been proposed and negotiated in the term sheet - even the provision that don't seem that important - because they wouldn't be in the term sheet if they weren't a key term to one side or the other.

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Asked on Mar 31, 2021

What are the baseline terms I need in my MSA?

I am working on putting together a larger agreement that can cover everything that I do. I am a Digital Marketing agency and there are a lot of services we provide - Google Ads, SEO, backlinking, content writing, etc. I want to know what should go in my MSA.

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4.9 (61)

Donya G.

Answered Mar 31, 2021

Some of the baseline terms will be 1) services offered 2) time of delivery of the services 3) amount to be paid for the services 4) the responsibilities of the parties 5) what happens if the parties do not agree. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.

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Promissory Note

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Asked on May 12, 2021

Is a promissory note legally binding?

I was told by my brother n sister that I would be able to borrow against my parents estate 20,000.00 to buy a trailer and car. This was my dad's wish. A trailer was bought for 13,563.95 and I was told I'd have to wait for car. I have medical issues and have to travel 45 miles either way to see my Drs so a car is very important. My brother executer and sister showed up yesterday saying they never said 20,000. and I'm only getting 15,000. They expected me to sign a promissory dated back in Nov 2020. I've always thought contracts should be signed before the fact not after. The money will be taken from my share of trust so why the note.

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5.0 (2)

Rebecca S.

Answered May 26, 2021

A promissory note is based on when the loan is made, not necessarily when the note is signed. So if the siblings actually loaned the money, regardless of when the note is signed, then a backdated note is ok. Review by an attorney is advised.

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Can a company change the terms of a customer contract without notifying the customer?

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