Thanks

From: Ken Hohhof 
Sent: Wednesday, July 13, 2016 9:54 AM
To: [email protected] 
Subject: Re: [AFMUG] XO Arbitration

Check your state code, Illinois has an auto renewing contract Act that requires 
the auto renewal clause and the notice requirements be marked clearly and 
conspicuously in the contract (interpreted to mean bold and larger font).

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2363&ChapterID=67

I will say, never cancel via email or phone, always use certified mail or the 
method specified in the contract.  These “evergreen” contracts are often 
designed to trick you into renewing whether you want to or not, they will 
specify things like you can only cancel during a window from 60 days to 90 days 
before end of term.  So if you send a certified letter 91 days ahead, they will 
reject it as too early, but if you send it 59 days ahead you are too late.


From: Erich Kaiser 
Sent: Wednesday, July 13, 2016 9:36 AM
To: [email protected] 
Subject: Re: [AFMUG] XO Arbitration

I have dealt with same thing as Lewis. 

Never had anything go to aribitration.

Chuck, hit me offlist with more details, maybe there is something we can do 
with XO on the Fusion side to eliminate his issue.


Erich Kaiser 
North Central Tower
[email protected]
Office: 630-621-4804
Cell: 630-777-9291


On Wed, Jul 13, 2016 at 9:25 AM, Lewis Bergman <[email protected]> wrote:

  I haven't fought it with XO, but I have gone through something similar with 
Windstream. They sent me to collections, I sent them the certified letter I 
sent to the notice address, they still tried to collect. We continued to 
disagree. The collections people contacted me several times; sent them the 
letter. They still posted it to credit reporting I think. 

  They just chose to ignore everything I sent them and pretend I owed them the 
money. I finally gave up trying and they gave up, I guess, trying to collect. 
At one point I demanded to see the contract I signed and all they would ever 
send me was the invoice. I assume that meant they couldn't find it.

  All of that to say, I feel his pain. I wonder though, if he complied with the 
notice criteria and is out of the original contract term then why does he think 
he is subject to the arbitration clause? If his argument is that the contract 
has expired and unenforceable and he is correct they can't force him to 
arbitrate. Obviously I am not a lawyer but this seems pretty basic. The terms 
and conditions only apply while the contract is in effect right? Maybe there is 
some survival clause that continues for a period of time succeeding the 
contract?

  On Wed, Jul 13, 2016 at 9:03 AM <[email protected]> wrote:

    I have a friend that told XO he was no longer needing their service.  This 
was prior to the end of the contract.  They double checked with their XO sales 
agent that XO got the word that they would not be re-upping the contract.  

    Well, XO reupped the contract.  Friend quit paying, now XO is claiming that 
they will be arbitrating somewhere in the eastern US.  I have not seen a copy 
of the contract but I know many contracts specify alternative dispute methods 
like arbitration.  And they also specify the state where it will happen.  

    It is a huge amount.  They want something like 5 years of GigE at old 
pricing.  

    Anyone know anybody that has been through this with XO before?  I would 
like my friend to talk to companies or the attorneys of companies that have 
fought this battle before.  

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