At approximately 6:30 pm on the night of June 23, 2007 I heard a knock on my door. I answered and was greeted by what i thought was a very nice woman by the name of Amy Ron. She proceeded to tell me that she was working for a company called APX Alarm, security solutions and she had received a license to solicit in the town of Lackawanna, and that the police were aware that she was in the area. She said that they were targeting areas that were not necessarily high crime areas, but areas where crime was trending up.
She then asked me if I had a home security system, and went on to describe the promotion that APX was running. The promotion was one in which she would be giving away home security systems to select home owners in the area, specifically one my street (Fernald Ave.) and the street parallel to mine (Greenwood Ave.). She said that she had just given away a system to a family on Greenwood Ave. In exchange for this system I would be obligated to place an APX sign in the front yard of my house for 60 months. She stated that this was to get the word out about their company, and that accentually I would be advertising in exchange for a free system and instillation.
I let her in the house and she preceded talk about the details of the security system. She described to me the benefits and details of the system, and the details of the contract. I was again told that this was a promotion, the system was free, and instillation was free and that my only obligation was to put their company sign in my front yard and keep it there for 60 months. At this point she informed me of a special $44.99 monthly fee (5 dollars less than the normal fee) for select customers that I would need to pay in order to keep the system live and in touch with both the police and fire department.
I agreed that this sounded like a good idea and I briefly read through the services agreement. At this point I began to ask her some specific questions.
I asked her, if I were to be laid off from my job and had to cancel my service, would I have to return the security system components?
She stated no.
I asked her is this a contract, if I cancel this subscription am I obligated to pay any sort of fee?
And again she stated no. She also stated that because of the promotion the only thing that I am required to do, is to continue to display the APX sign in my front yard. (which I am still doing at this point in time)
I also asked her if I sell/move out of my house before that 60 months is up, would I be able to sell the system with the house?
She stated yes that they prefer to give the system to people that are planning on being at their current residence for the next 5 years, however I could easily remedy this problem. I would have to work something out with the new owners/tenants of the house where they would display the sign for the remaining months of the agreed 60 month display period.
I then read the agreement again and pointed out that the services agreement stated I would have to pay a sum of $2999.40.
She assured me that that wasn't applicable towards me because I was part of a select few that had been given this system in exchange for advertising. She stated that what I was signing was merely an agreement to keep the APX sign in my front yard for the duration of the agreement.
I stated that this was probably just pointing out the amount I would pay, over a 5 year period, if I was to not cancel this agreement.
She confirmed this statement.
Looking back at the agreement, it is vague to say the least. I was clearly mislead by Ms. Ron, and made to believe I was receiving something for free; that I had no financial obligation to APX, and was exchanging advertising and word of mouth for a security system and its installation. I would also like to say that the services agreement does not clearly state anywhere that if the services agreement is terminated by me, that I would be responsible for any lump sum fee.
After I agreed to her terms, Ms. Ron made a phone call to what I believe was the APX headquarters. They asked me a few questions including if I understood the terms of the agreement. I believe I answered this question to the best of my knowledge. Shortly there after, two college aged men entered my house and proceeded to install the security system. At the time, I didn't really inspect everything as thoroughly as I should have, believing that this was a legit company. The motion detector only works if you put your hand directly in front of it, and many of the screws that hold the system to the doors and walls are not screwed all the way in.
Yesterday, 7/25/07, I received a letter from the company stating my Contract Renewal Date was 6/25/2010. I proceeded to call the company and verify that I could cancel the service at any time (as was stated to me by Ms. Ron).It was at this point that I was first informed that if I wanted to cancel the service I would have to pay APX over $2500 to terminate the contract. I was more than rude after hearing this, but I believe it was more than justified. They were unhelpful to say the least, and kept telling me I wasn't there sir, I don't know what she told you, but you did sign the agreement, did you not?
Today, 7/26/07, I decided to go to the other household on Greenwood Ave. that Ms. Ron informed me was given a free system. I found the house that was currently displaying her APX security system sign. I knocked on the door and greeted a Ms. Short. I asked her if she would explain to me exactly what she was told by the sales representative when she was given the system. She, like myself, was given an APX security system with the verbal agreement that in exchange for this system, she would agree to place an APX sign in the front yard of my house for 60 months. She was also told that the she could terminate the service at anytime with no penalty as long as she displayed the sign in her front yard. Mrs. Short stated that the system was already broken and that she had planned on terminating the agreement that day.
This company clearly scammed me and my neighbor into signing service agreements by using lies and deceitful tactics. I may have signed their service agreement, but this agreement was more than misrepresented by their employee, an employee named Ms. Amy Ron.
Devin
Lackawanna, New York
U.S.A.