Pinnacle Security LLC has two faces, one the salesman show and one that you deal with when you call the company. My first warning came when 9 months after I was already a customer Pinnacle Security LLC rain my credit, firstly I never gave them permission, I was only a co signer on the contract and secondly until I moved I really never thought about the company.
Before we moved I moved I called tech services to find out how to disconnect the unit so I could move it to the new house. I asked them to conect the unit to my new house and then I was introduced to the other face of Pinnacle Security LLC, the one that is like we want MORE, LONGER, TERMS.
I find out there is a little catch 22 clause in the contract, if you move in less then 12 months we will charge you $99. To reinstall it, after 12 months you will have to sign ANOTHER Contract for 3 more years. Reading the contract they sent this time because I didn't have a Salesman saying the installers right down the street and I need to call this contact in now so you can get the equipment and install free, when asked about the three years terms, because I was moving he said don't worry about that you can opt after 12 months.
The company just wants to make sure the cost is covered in contract the first 12 months. Anyway the salesman was good at setting up the urgency for signing so I only pursued the contract, bad mistake, but let me tell you there is so much texuesim in the contract it would spin any ones head, I have read it three times since and I know there is still provisions I am missing.
The Courts I believe will see a pattern of Bad Faith and Bad Intent in this company contract with the consumer and the follow up behavior of the company's employee's supports that the company is seeking to grow its net worth using deceptive fraudulent deceptive techniques.
Under a Class action Suit we can have the court look at the preponderance of the evidence, and use the Good faith as well as Textualism guidelines to make a favorable decision. Also under this type of suit we would share the burden of the cost instead of bearing it alone, finally I believe we could find major support from well known Attorneys who would love to take on a big company then they have know become using our money.
Contact me at the email address if you are now or have a copy of you previous contract with Pinnacle LLC and would like to know more about becoming part of the Class action suit.
Below is just a letter I wrote to the Pinnacle Company to start my action against the company.
Notice of default and breach of contract
As a matter of record you are in default and in breach of contract for non service.
In regards to the above account for monitoring service for xxxxxx Drive, Virginia Beach, VA xxxxx. The Pinnacle Company was notified in October, November and in December that this address was disconnected and that the equipment was no longer installed and or sending signal to the monitor station.
A request for installation at the new address was requested in December, as a matter of your normal business practice in Utah you send a new contract per the contract L xxxxxx you sent out a new contract for us to sign, based on contract provision 7.
As a FREE AMERCAIN with Rights I read your contract and do not agree to the NEW TERMS.
As a Matter of Civil Right I do not have to sign your contract which binds me to terms I do not agree with.
I followed up and asked you to Install the equipment and fulfill the present agreement to provide monitoring which is your part of the monitoring contract; you have refused to honor the monitoring service contract portion of the agreement and re - install the present equipment without a new contract.
Therein I have operated in Good Faith to reach a mutual recipical agreement to fulfill my intent under the present contract, Pinnacle Company has denied me installation service and monitoring services under the contract we already have, therein there now exist a Mutual Default.
My negotiations with your customer service party failed to resolve the issue; I have Recorded 7 phone callers from Pinnacle in the last 48 hrs to my Business Ceil Phone line I notified the last caller that they were Harassing me, with multiple phone calls on my business line and that it was in violation of my rights. The Companies representative said the company would call every day! Until I paid.
Therein your company is in violation of Fair Debt Collection Practices Act.
Notice:
On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment. Ruling also 15 USC 1692d 806. Harassment or abuse (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (See below)
Pinnacle Company continues to charge my bank account for the service that are not being provided even after you confirmed the home was not being monitored; and as result you over draft my bank account which cost me bank fees.
Therein your company expects to unjustly Benefit and Gain from me without any specific performance under the contract and further more to cause both civil and tort damages to our credit and which has been initiated with fraudulent intent by the Pinnacle Company.
Uniform Commercial Code as adopted by the Code of Virginia
If, from the evidence and the other instructions of the Court, you find your verdict for the Plaintiff, in addition to compensatory damages, if you believe from a preponderance of the evidence that the defendant acted wantonly, oppressively or with such recklessness as evinced a conscious disregard of the rights of others, or with such malice as implied a spirit of mischief or criminal indifference to civil obligations, you may award the plaintiff such additional sums as punitive damages as in your opinion are called for by the circumstances of the case.
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In Virginia punitive damages are "allowable only when there is proof of actual or express malice which can be shown by, among other things, 'a conscious disregard of the rights of another, '
(2) (A) in the case of any action by an individual, such
additional damages as the court may allow, but not
exceeding $1,000; or
(B) in the case of a class action,
813. Civil liability
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable
(1) any actual damage sustained by such person as a result of such failure;
(i) such amount for each named plaintiff as could
be recovered under subparagraph (A), and
(ii) such amount as the court may allow for all
other class members, without regard to a minimum
individual recovery, not to exceed the
lesser of $500,000 or 1 per centum of the net
worth of the debt collector; and
(3) in the case of any successful action to enforce the
foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court.
On a finding by the court that an action under this
section was brought in bad faith and for the purpose
of harassment, the court may award to the defendant
attorney's fees reasonable in relation to the work expended and costs.
(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors
(1) in any individual action under subsection (a) (2) (A),
the frequency and persistence of noncompliance by the
debt collector, the nature of such noncompliance, and
the extent to which such noncompliance was intentional;
or
(2) in any class action under subsection (a) (2) (B), the
frequency and persistence of noncompliance by the
debt collector, the nature of such noncompliance, the
resources of the debt collector, the number of persons
adversely affected, and the extent to which the debt
collector's noncompliance was intentional.
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