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View Full Version : OT: contract law.....nothing about poaching



Capt. John Deering
02-17-2011, 02:59 PM
i signed a contract with xyz company in 2003.

new folks came in kept the old name of the company and sent out a brochure titled at some point "notice of change of contract terms" and "fair credit billing act disclosures" can a contract be amended with a brochure i had no say so over?


i did not sign or agree to anything after 2003.

these new people are adding several fees that were not in original contract.

the preface of the notice of contract change.........." says the old contract terminated on jan. 2006, and from that forward the new notice of contract change......" will apply to retail sales? WTF?



any business attorneys on tf.

jazzconcert
02-17-2011, 08:14 PM
Do you do regular business with said company or ex company? Are you a subcontractor or prime -not sure your position? Retail?

Seahunter
02-18-2011, 08:27 AM
If you read the small print, you'll probably find that the continued use of the service is considered acceptance of the the new terms and conditions.

Capt. John Deering
02-18-2011, 08:36 AM
seahunter..........i'm not attorney, but i looked at the small print for some language like you have noted. i did not see any, maybe i'm to dumb to understand all the legal verbage.

Seahunter
02-18-2011, 09:49 AM
seahunter..........i'm not attorney, but i looked at the small print for some language like you have noted. i did not see any, maybe i'm to dumb to understand all the legal verbage.

Ah, I missed the change of ownership the first time around.

Your contact was with the old owners. Your contract would have been null and voided when the new owners took over unless they where contractually obliged to maintain the contracts validity as parts of the terms and condition of sale. If so, there should have been a grandfather clause in your new T&C agreement

uncljohn
02-21-2011, 03:47 PM
Normally those things say you "have the right to refuse the new contract by terminating service". These things never have an "opt-in" protocol, its always "opt-out".