EL&A In Action
EL&A Advocates for Client Harassed by Home Monitoring Company
The client, an 84-year-old widow who lives alone, called about an issue with a home alarm monitoring service. In 2013, shortly before her initial three-year term with the home monitoring company was about to expire, she was visited by a sales representative from another monitoring company. When the representative came to her home, the client assumed that he was with her current monitoring company. The client’s husband was still living at that time, and with two separate incomes they could afford to continue the alarm monitoring service. The client expressed concern to the representative that should she experience circumstances in which she could no longer afford the monitoring fees, she could cancel the contract. The representative assured her that she could cancel under those circumstances.
In 2015, the client’s husband died, which caused a significant financial hardship for her. She called the monitoring company that had her most recent contract in order to cancel, and when she received no response, she sent them a letter to cancel the service. She also put a stop on the automatic payment to her credit card.
After the client put a stop on the automatic payments, she began to receive harassing telephone calls from the monitoring company regarding the delinquent monitoring payments. She was finding the stress from the recent loss of her husband and the harassing telephone calls to be unbearable.
The Elder Law & Advocacy attorney wrote a letter to the monitoring company explaining that she had received verbal assurances from their representative when she signed the contract that she could cancel it if the monitoring fees became a financial hardship. The attorney also informed the monitoring company that their harassing telephone calls were causing emotional distress to the client and requested that they cease and desist calling.
In response to the attorney’s letter, the monitoring company canceled the alarm service and credited the client’s account for the outstanding balance. They will no longer attempt to collect payments