terms-of-service
Assignment of Contracts in business acquisition - do they require notice?
<p>Actual scenario:
The Terminix International Company Limited acquires local pest control company, Insight Pest Solutions of Omaha, Nebraska. I, the consumer, had previously been in contract with Insight Pest Solutions and had not been billed or heard from them since July, 2018.  Yesterday, May 28, 2019, I received a bill from Terminix for $89.96. This morning, May 29, 2019, I called Terminix and they insist the bill is valid for services provided in April 2019.  First of all, we never received notice from either company that their would be any, let alone a substantial, change in service provisions. Second, Insight Pest Solutions never cashed our last check payment from August 2018, and our bank credited us because it was a Wells Fargo Bill Pay check that is debited when initially sent. Neither has Insight Pest Solutions ever provided further billing or contact, nor did they explain the uncashed check. They just disappeared. Does Terminix have legal right to claim our service contract to be in force, without ever having given notice of a pending change? This question doesn’t include the fact there is no evidence that either company provided services in April 2019, for which Terminix is trying to collect. I’m prepared to pay the bill to protect my credit score. I worked hard to get a 839 FICO score. Haven’t missed a payment in 15 years and now this asinine matter pops up. I have filed a complaint with the Nebraska AG, but still plan to pay the bill if I don’t hear back from Terminix in a few days. They claim they are escalating my complaint, yet I’m not sure how to terminate a contract that I don’t want to recognize before they actually do show up at my door, or claim they did. </p>

<p>In general, contracts are assignable be either party unless they are for personal services or expressly provide that they aren’t. Apart from the practicalities of performing the contract, there is no requirement to inform when assignment takes place.</p>

<p>So, if the previous company had a valid contract with you and they or the new company provided services for which you are obliged to pay, you have to pay the new company.</p>
