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Would it be best to file a small claims case against Vivint my alarm company or to file a class-action lawsuit against them?

El Paso, TX |

My husband is a sergeant is the Army and recently he came down on orders to move at the end of this year. When we had the alarm installed in our home we specifically asked if we would have any problems canceling the service because we move frequently and we were told with military orders we could cancel without a problem. After contacting the company though we were informed that Vivint does not have a military clause and the only way we can get out of our contract is to move into military housing on post or to transfer our contract to someone else. I know multiple families who have been told the same lies by these sales reps and just looking on Google you can see never ending complaints about them. Their sales tactics are deplorable.

Also when we signed up we were pressured into signing up for their "energy package" being told that it would save us so much money on our energy bills over the year and blah, blah, blah when in reality it has made no difference on any of our utilities at all. All we ended up with was an overpriced alarm system and an extra $8 charge, a fancy thermostat and a box of lightbulbs. The point I make with this is when we signed up we specifically asked if we would be able to change packages if we decided that the energy package wasn't what we needed and again we were told yes but three months later when we realized it wasn't doing anything for our bill when we called to change it we were told we could not.

Attorney Answers 3


  1. If you have a good case, I think it is worth calling and talking to a class action attorney to review the case, including the contract(s) that you signed. He/she will let you know if they will take the case, and if they do, they will pay for all costs and fees up front, and you have a chance of getting not only your damages in the suit, but what is called an incentive fee award for acting as a named plaintiff -- which could be thousands of dollars. If they dont take the case, they should explain why, and give you a better idea if it is worth it for you to pay to bring a small claims yourself. Alot of times the contract that you sign will supersede any oral statements made, making your case very difficult, so that contract has to be reviewed. Also, alot of times the contracts state that you cannot file a lawsuit, or a class-action, and any claims must be litigated through arbitration. Although, most of the times there will be exceptions for small claims. So you may have no choice but to arbitrate or bring a small claim based on what the contract says.


  2. Being in the military myself something doesn't sound right about what they are doing. Has anyone asked jag about this. If you have a copy of your agreement I would be happ to review it. Generally we can file a dtpa action against them for unconscionable conduct which provides for attorneys fees. Please give me a call to discuss.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.


  3. As a civilian legal panelist for Camp Pendleton in San Diego, California, I have great admiration and respect for all military personnel. Having said that, after reading your question, I did a Google search on Vivint and it appears there are a considerable number of people with Vivint complaints. I would be happy to review your contract for Free to see if there is even an obscure way to easily get out of this contract. At that point, I will be in a position to better advise you as to which Court is the best for you and your situation.

    All the best,

    Michael

    Michael Ian Rott, Esq., Managing Partner

    2635 Camino del Rio South, Suite 306
    San Diego, California 92108
    Office: 619.296.5884, ext. 14
    Fax: 619.296.5171
    Cell: 619.252.2248
    Email: mrott@hrollp.com

    Web: www.hrollp.com
    San Diego - El Centro

    Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.

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