SNET AT v. USA LLC (2011)

MEMORANDUM OF DECISION

Plaintiff has commenced this action seeking to recover the cost of advertising provided to the defendant.   Plaintiff alleges the defendant is indebted to the plaintiff for advertising provided after 12/1/08 for the sum of $4,554.48 plus interest and costs.

Plaintiff at the hearing introduced as Exhibit 1 a billing statement which relates to the advertisements which were published for the period from December 2008 to 2009.   An advertising contract dated October 17, 2007 was introduced as Exhibit 2 and it related to a contractual commitment for plaintiff to provide the services from December 1, 2007 to December 1, 2008.   The contract stated the customer must cancel by written notice to the plaintiff, and if not cancelled the contract is subject to automatic renewal.   Plaintiff contends defendant did not give written notice of cancellation for the period of 12/1/08 to 12/1/09 and therefore defendant is obligated under the contract for the advertising for that time for the sums claimed by the plaintiff.   Plaintiff also introduced Exhibit 5 which indicates that on February 25, 2009 a certified letter was mailed to defendant advising the advertisements will continue from February 2008 to February 2009.

The evidence does establish the owner of the defendant LLC called the plaintiff and verbally advised the defendant it no longer desired the continuation of the advertisement.   The owner of the defendant LLC testified that for several years prior to 2008 a representative of the plaintiff would personally visit the defendant and they would discuss renewal for the following year.   The owner also testified he was unable to read or understand the provision in the contract, and he made the representative of the plaintiff aware of his inability to understand the written terms of the contract regarding automatic renewal.

The contract provisions dated October 17, 2007 signed by the principal owner of the defendant applied to the providing of advertising for the period from December 1, 2007 to December 1, 2008.   It was agreed by the defendant that automatic renewal would occur if written cancellation was not given to the plaintiff by December 1, 2008.   Defendant did not give the required written notice of cancellation, and plaintiff continued to provide the advertisements for the following year.

The testimony of the principal of the defendant that he cannot read, or that he relied on others to advise him of the contract conditions did not constitute a defense to the claim of the plaintiff.   Defendant also claimed he verbally told an agent, servant or employee of the plaintiff to stop the advertisement also did not constitute a proper notice of cancellation.   The written cancellation requirement in the contract not having been complied with by the defendant required the plaintiff to continue the printed advertisements.

For the foregoing reasons judgment is entered for $4,554.48 plus statutory interest of Connecticut General Statutes 37–2a and costs.

Howard F. Zoarski

Judge Trial Referee

Zoarski, Howard F., J.T.R.