Has ADT Breached their Contract With Me?

I am under a 3 yr contract with ADT. The payment amount is stated on the contract and after one year, they have raised my bill. They did not write me and tell me they were increasing it, they just sent me the bill for a higher amount. According to the contract they are allowed to raise my bill after one year (under the Terms and Conditions, under the section ‘Increase in Charges’. If I disagree to the increase, I must respond in writing and only if ADT does not agree to waive the increase can I cancel the contract without penalty. Is the contract still valid with their claim they have the right to raise my bill over what was originally agreed? What is the point of a contract if one party is allowed to change it and the other party can’t change anything?

A: Typically a contract will be enforced according to its terms. In this case, most likely the contract can be increased within reasonable limits. I believe most contract attorneys would agree that it sounds as though you have a right to contest the increase and terminate the contract, so it is unlikely the contract would be held to be unenforceable. It’s also unlikely that ADT would be held in breach. However, for a contract attorney to give you a final opinion on that, he or she would need to see the contract and know all the facts.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Mesa Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.