Recent Answers to Customer Contract Law Questions
Can a company change the terms of a customer contract without notifying the customer?
Telecommunications
Customer Contract
California
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.
Dolan W.
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
Can a company change the terms of a customer contract without notifying the customer?
Consumer Protection
Customer Contract
California
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?
Dolan W.
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!
Can a company change the terms of a customer contract without notification or consent?
Business Contracts
Customer Contract
Massachusetts
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.
Richard G.
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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