Subscribe to RSS - Contra Costa County District Attorney

Contra Costa County District Attorney

ADT runs afoul of California law

 - 
Wednesday, February 1, 2012

ADT has agreed to pay almost $1 million to settle a civil lawsuit brought by the district attorney of California’s Contra Costa County over contracts ADT had with residential customers in which it reserved the right to hike monthly fees after the first year. That violated a California law requiring residential consumers get written disclosure of all costs upfront, according to the state.

District Attorney Mark A. Peterson, who announced the settlement this week, said that under the agreement, ADT has said it will follow the law for future contracts and, in addition to a $950,000 civil fine, will pay restitution to some customers whose monthly rate increased during their initial contract term.

Here’s a more detailed account from the Contra Costa Times on the settlement:

A national alarm company agreed to pay a $950,000 civil penalty and provide restitution to some customers to settle a lawsuit by the Contra Costa District Attorney's Office, which claimed certain contractual terms imposed upon customers violated California law.

District Attorney Mark Peterson announced the settlement Monday with Florida-based ADT Security Services, Inc., which sells home burglar and fire alarm systems.

ADT required customers to enter into two- or three-year contracts, in which the company reserved the right to raise monthly fees after the first year. The lawsuit alleged that by failing to advise customers how much the rate increase would be, ADT violated contract disclosure requirements in California's Unruh Act.

The lawsuit further alleged that termination fees for customers who discontinue ADT service could exceed the remaining balance of a contract obligation.

Under the terms of the settlement, ADT will conform its future California contracts to the requirements of Unruh Act, which requires written disclosure to residential consumers of contract terms. In ADT's case, that includes the total price for monitoring services for the initial term of the contract, disclosure of the number of required payments during that term, and disclosure of the amount of each monthly payment.