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All-American Moving Group, LLC v. XO Communications Services, LLC et al

Docket 1:20-cv-01505, Virginia Eastern District Court (Dec. 8, 2020)
District Judge Anthony J Trenga, presiding, Magistrate Judge Michael S. Nachmanoff
Contract - Other
DivisionAlexandria
FlagsJURY
Cause28:1332 Diversity-Breach of Contract
Case Type190 Contract - Other
Tags190 Contract, Contract, Civil, Other, 190 Contract, Contract, Civil, Other
Plaintiff All-American Moving Group, LLC
Defendant XO Communications Services, LLC
Defendant Verizon Communications Inc.
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No. 1 COMPLAINT against XO Communications Services, LLC and Verizon Communications Inc. (Filing fee ...

Document All-American Moving Group, LLC v. XO Communications Services, LLC et al, 1:20-cv-01505, No. 1 (E.D.Va. Feb. 13, 2020)
Complaint
On 7/18/19, the Lawyer wrote a certified letter to XO’s general counsel in New Jersey, denying the threatened termination fee, explaining several reasons why XO’s contract is unfair and deceptive, and requesting a substantial refund.
But Section 8.3.4.3 (Legal fees) provides: “The Company may institute immediate action to enforce the payment of charges due and owing it, including the pursuit of all remedies available in law or equity.
XO is entitled to reimbursement of legal fees incurred “in seeking payments.” Furthermore, this huge shifting of risk is buried in a small subsection in a part of the contract where a customer might not expect it, and is not in any way emphasized by large or bold or underscored type.
In no event shall the Agreement or any component thereof be modified, amended or affected in any way by e-mail correspondence between or among the parties’ employees, agents or representatives.” This will cause the reasonable customer to think that any material change will require its written consent.
But on page 11/21 of the Additional Terms, the website refers to early termination charges and provides a formula that far exceeds the product of multiplying the remaining months times the MRC.
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