For those still with Vivint, or looking to get away…
Vivint Improperly billing, or engaging in deceptive/abusive practices? File a complaint against them
The CFPB (US Federal Consumer Financial Protection Bureau) has the power to regulate debt collectors and other organizations that have any connection to consumer financial products or services. It has the authority to make rules and interpret the existing rules associated with any major federal statutes that affect the collection industry, including the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and the Fair Credit Billing Act (FCBA). The CFPB also ensures that debt collectors and other service providers do not violate federal consumer protection laws or engage in any unfair, deceptive, or abusive practices. The CFPB also will receive any complaints you may have and, where appropriate, will direct debt collectors and other covered persons to respond to it regarding the status of the complaint. For more information about this new government agency, visit the CFPB website at http://www.consumerfinance.gov/.
Submit complaints against Vivint for Improper billing (billing is an attempt to collect, therefore falls under “collections”), and abusive and/or deceptive practices under the CFPB here: http://www.consumerfinance.gov/complaint/.
How to get out of a Vivint contract
Vitiate:To impair or make void; to destroy or annul, either completely or partially, the force and effect of an act or instrument.
factors that can vitiate a contract? A contract can be vitiated if there are any illegalities within it, if it is unsigned, if there are any errors, if it has been signed under duress or is misrepresentative in any way, shape or form.
What are the vitiating factors in a contract? There is: Misrepresentation, Mistake, Duress, Undue Influence, Illegality
Vitiating factors that void a contractual obligation/agreement with Vivint:
Disclaimer note- It is recommended to seek the advice of an attorney (there is enough existing precedent to justify a class action (see cititations below), such a class would be represented in the tens of thousands). If you feel your Vivint contract is vitiated, or that your consumer rights, etc., have been infringed or violated, you need to take the critical step of contacting your State Attorney General’s Office and filling a formal consumer complaint (the information on how to do this can be found below in this article). I am not an attorney, and information provided herein is as a public resource, and for reference only, and should not be construed as legal advice.
during sales presentation, Vivint represents contract can be cancelled at any time, and without penalty, or that there is a ‘military cancellation clause’ that allows you to cancel at any time, without penalty if you move, or are deployed (when in fact you are obligated to pay for unused portion of the service contract)
If your contract resulted from a Vivint Telephone Solictor, and Vivint is not registered as a telephone solictor in your State
Vivint Contract Agreement fails to include disclosures required by the FCCPA (I.e., Amount Financed; Finance Charge; Annual Percentage Rate; Payment Schedule; Total of Payments; Total Sales Price; Prepayment; Late Payment; Security Interest; Contract Reference; Itemization of Amount Financed )
If Vivint misrepresents that the OFFER for free installation of alarm equipment was “a limited time offer that needed to be taken advantage of immediately”, or misrepresents that “there were increased incidents of crime in the area” where Vivint attempted to solicit business; or in a face-to-face transaction misrepresents that they “are conducting a special sales promotion, a special offer limited to a few persons”, or “authorized to place the offered goods or services in a limited number of homes”, unless the representation is TRUE, and Vivint concurrently discloses to you the specific basis on which the representation is made.
If Vivint fails in a face to face transaction to disclose in writing BEFORE you enter into any purchase contract and BEFORE Vivint takes any credit card number or accepts any payment from the you (e.g., nature and quanity of consumer goods or services included in the sale; the total cost to purchase and receive the consumer goods or services; all material terms and conditions affecting the sale, receipt or use of the consumer goods or services, including credit terms if any; the name, mailing address and telephone number of Vivint; Vivint’s policy related to refunds, cancellations, exchanges, or repurchases, and if the Vivint has a policy that prevents or substantially limits refunds, cancellations, exchanges or repurchases; and if Vivint makes any other claim or representation regarding refunds, cancellations, exchanges or repurchases)
If your area has private emergency response personnel that Vivint enters into a seperate contract for response to alarm notifications (some jurisdictions require this), and Vivint fails to disclose this, or if they fail to disclose to you that you will be charged a fee for the response of the private emergency response personnel in event of alarm notification)
If Vivint failed to disclose material terms with respect to cancellation
If Vivint misrepresents the cost of the goods or services offered or promoted by Vivint, or fails to disclose material costs payable by you (the consumer). I.e., Vivint asserts that equipment is “FREE” with $99 installation fee, and that the agreed upon (auto-renewing) contract is for a term of monitoring services of that equipment, then Vivint later states you owe for the cost of said equipment:
“I have reviewed Mr. *******'s account…Mr. ******* agreed to pay $4,580.40 over a period of sixty months for the equipment installed in the home and only paid $696.52 of that agreed upon amount…” Source
If via a telephone contract renewal, Vivint fails to honor, or follow through upon any agreed upon material terms. (For example, agreement is for monitoring at a lower monthly rate, or includes additional free equipment, and contract terms are for a set length of time, and additional equipment is not provided/installed, or monthly fee/length of new contract in effect is not what was agreed upon)
Breach: If Vivint is not providing the services, monitoring as contractually agreed. I.e., services not rendered that they are contractually obligated to provide.(If say you make them aware, or they are already aware, that the system is not operating properly, or that the panel is not communicating, and they fail to remedy it. An example, the contract term length is for monitoring, and the panel/system is not being actively monitored, yet you are still billed for the monitoring services, that they are aware are not being provided…this is Breach of contract).