mags2
Agent Provocateur
join:2001-07-19
SoCal
|  Give Me Quality Broadband or Give Me Death
This latest class action lawsuit in the Give Me Liberty or Give Me Death state may very well set the legal precedent that all broadband providers in this country may have to follow. Everyone on this forum at one time or another has experienced piss poor performance from their respective ISP no matter how much they claim it rocks. One only need check the forums for proof. This lawsuit is a step in the right direction for broadband consumers.
[text was edited by author 2002-03-26 11:59:41] |
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danc694u
And Your Point Is?
join:2002-01-10
Moody, AL
|  Hope they learn something here....
Well that's 2 
Maybe some of these other companies will realize...just getting someone hooked up. Isn't the end of their jobs. They have to ACTUALLY provide what they "claim" to. Rather than hiding the "We didn't say/mean that" clause somewhere else for the end user to find.
I've been searching the roadside ditches for our contractual agreement. Maybe the tech threw it out the window on the way back to the office.
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PSE Mach 9 @ 282 fps Sure-Loc w Super D Scope
ACC Hyperspeed 2-28 @ 29"
3-D Archery Rules |
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sadowski
I Am My Own Doppelganger
Premium,MVM
join:2000-04-14
Buffalo, NY
clubs:
| reply to mags2
Re: Give Me Quality Broadband or Give Me Death
It's not a problem of occasional performance issues but of long-term repeated problems and a failure to act appropriately upon them. Adelphia has long been wanting to be a bigtime player but isn't willing to put in the effort to provide decent service. I wish these people luck with their actions; no one deserves to be sued more than Adelphia. |
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mystery45
join:2001-06-13
Titusville, FL
| reply to danc694u
Re: Hope they learn something here....
the problem is all of there complaints are under the terms of service they agree to. (it says that they didn't signa anything) legal wise though if you have a service you are automatically bound to the ToS no matter what it is if you sign anything or not. it is understood. i think they are going to have a hard time in court with this. if you look at all the broadband ToS for anyone they basically say this you get an internet conection period. we will fix any problems with that service but you are not given a minimum speed or anything else. so like i said i think they are going to have a hard time with this battle. |
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sadowski
I Am My Own Doppelganger
Premium,MVM
join:2000-04-14
Buffalo, NY
clubs: | The TOS do not negate claims of misleading and false advertising. |
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tschmidt
Premium,MVM
join:2000-11-12
Milford, NH
 ·Hollis Hosting
 ·Verizon Online DSL
·Fairpoint Communic..
| I like this clause
I like this line from the article:
"The company argues that its service agreement bars such lawsuits, but the subscribers say they never saw or signed any agreement."
Even if that clause was in the contract I wonder if the court would find it binding. I think courts are beginning to have little patience with companies hiding behind agreements that relieve them of any obligation to deliver.
Adelphia is in our town, They make Verizon look like a white knight. |
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cbyrd
Where's The Any Key?
join:2001-07-11
Murfreesboro, NC
clubs:
| reply to mystery45
Re: Hope they learn something here....
The TOS, no matter how vague, does not protect them from misleading claims. Just because the TOS says "we guarantee nothing" does not mean that they can make baseless claims in their marketing.
In fact, the TOS may very well work in favor of those filing the suit. This clause here would be the one that I'd slap in front of the judge
quote:
Adelphia will undertake reasonable network management, traffic analysis, operational procedures and user policies that endeavor to provide appropriate bandwidth at all times
So now all a judge or jury has to do is decide what is reasonable...I bet it ain't what Adelphia currently thinks it is.
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Powerlink, your reason for dialup |
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cbyrd
Where's The Any Key?
join:2001-07-11
Murfreesboro, NC
clubs:
| reply to tschmidt
Re: I like this clause
said by tschmidt:
I like this line from the article:
"The company argues that its service agreement bars such lawsuits, but the subscribers say they never saw or signed any agreement."
Even if that clause was in the contract I wonder if the court would find it binding. I think courts are beginning to have little patience with companies hiding behind agreements that relieve them of any obligation to deliver.
Adelphia is in our town, They make Verizon look like a white knight.
That would be up to the individual state I believe. Many states don't allow such clauses though, so even if it was signed, it would be invalid.
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Powerlink, your reason for dialup |
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antiserious
The Future ain't what it used to be
Premium
join:2001-12-12
Scranton, PA
| ... uphill fight ...
... I wish them well, but I doubt even a lawsuit will get Adelphia to actually address the problems some of it's customers have ... as long as they're the only game in any town, they will simply hide behind their infamous and changeable TOS ... unless they have to compete and produce results in order to retain their client base, they have us by the short ones ...
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"Suicidal Twin Kills Brother By Mistake ... film at 11" |
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fastinfl
@205.229.x.x
| Well, RR cable and BS DSL work just fine
I think it will be interesting to see what becomes of this. RR has for the most part worked out their issues, and I see in excess of 300 K bytes per second, and my Bellsouth DSL gives me 150-160 K bytes per second. It's like having three T-1 lines (well, for download at least) for $100/month!
My point is that Adelphia has no excuse whatsoever for not being able to provide adequate service. I don't think it is unreasonable to ask "why isn't my service as fast as Time Warner's service", cuz right now RR and all DSL absolutely obliterates Power "shrink".
Neo |
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nc1165
join:2001-04-10
Delray Beach, FL
| As one commander once stated
(to paraphrase) 'The only thing these people understand is force.'
Reportedly, Adelphia is about to be asked to pack it's gear in the town of Port St. Lucie, FL and get out of town because of the same issues facing NH - billing for lack or absence of service.
Don't mess around with these silly lawsuits. Just kick them where they'll feel it the most - their contracts.
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If my enemy cuts me, I will drown him in my own blood. |
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Jigsaw
Stardust We Are
Premium
join:2000-10-21
Cleveland, OH
| Cable we don't need your stinking Cable!!!!LOL
[text was edited by author 2002-03-26 13:25:53] |
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MexiCubAZ
join:2000-06-09
Phoenix, AZ
clubs:
| My last class action settlement check!
Just for laughs.. here is a scan of my last class action settlement check.
So hopefully they get some change with the ISP as the lawyers will get the $$$ ... this check was from a credit card company that over charged everyone interest. :>
[text was edited by author 2002-03-26 13:57:45] |
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homebrewer5
join:2001-01-23
Lowell, MA
| reply to mags2
Re: Give Me Quality Broadband or Give Me Death
said by mags2:
This latest class action lawsuit in the Give Me Liberty or Give Me Death state
[text was edited by author 2002-03-26 11:59:41]
Get it right bucko.."Live Free or Die" is the state motto. Otherwise, I agree that they should be held up to standard. I live in NH and I use AT&T broadband and LOVE it!!
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Bavarian Berthold |
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homebrewer5
join:2001-01-23
Lowell, MA
| reply to MexiCubAZ
Re: My last class action settlement check!
said by MexiCubNJ:
Just for laughs.. here is a scan of my last class action settlement check.
So hopefully they get some change with the ISP as the lawyers will get the $$$ ... this check was from a credit card company that over charged everyone interest. :>
[text was edited by author 2002-03-26 13:57:45]
Don't cash it!! Drive their accounts crazy that an outstanding check for .02 is in the works!
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Bavarian Berthold |
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danc694u
And Your Point Is?
join:2002-01-10
Moody, AL
|  reply to cbyrd
Re: Hope they learn something here....
said by cbyrd:
This clause here would be the one that I'd slap in front of the judge
quote:
Adelphia will undertake reasonable network management, traffic analysis, operational procedures and user policies that endeavor to provide appropriate bandwidth at all times
So now all a judge or jury has to do is decide what is reasonable...I bet it ain't what Adelphia currently thinks it is.
Appropriate bandwidth...is the key word here. It's a given that "dial-up" speeds are not appropriate. Neither is half of "claimed" up to speeds. Especially, if the guy on a lower rung (cheaper package) than I am, gets the same speed as I do.
Would it be appropriate for me to get 10 times my package price? No!
Would it be inappropriate for me to pay twice as much as the guy across the street...for the same speed, although we have differant packages. Yes!
The majority of broadband reviews state that they believe 85% of claimed "up to" speeds is appropriate. Wonder if they could be classified as expert witnesses?
--
PSE Mach 9 @ 282 fps Sure-Loc w Super D Scope
ACC Hyperspeed 2-28 @ 29"
3-D Archery Rules |
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Barney Google
@rasserver.net | reply to mags2
Class action the bastards!
Class action suit ALL the got-your-money-now-go-f*ck-yourselves uncaring, non-performing DSL bastards. This is a step in the right direction.Let's hope it snowballs. |
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Cella Dwella
join:2001-10-29
Pacific Palisades, CA | reply to MexiCubAZ
Re: My last class action settlement check!
Tell them that you lost it and have them send you a replacement check. Maybe they will screw up the decimals. |
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MexiCubAZ
join:2000-06-09
Phoenix, AZ
clubs:
| LOL.. hell I mess the deadline to cash the check.. it has been past 180 Days.. It already cost them more to print and mail the check out to me.
And I would not be caught dead going to the bank to cash the damn thing... Hell may find more money on the floor than this check is going to get me.
I will probably just frame the damn thing as my biggest check ever!.. LOL
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Join the DSL Reports SETI@Home Team! |
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DSL Oberst
join:2001-11-29
| An Interesting Tactical Thought.....
I wonder if a company could just pull all DSL or cable service from an area? Just give notice that 6 months down the road, all broadband services in blah area will be shut down for blah reason.
Let me use Aldephia as an example.
There is currently a class action lawsuit going on for Adelphia's connection in the New Hampshire area. Let's assume the class action wins, and everyone gets a chunk of change from Aldelphia.
Adelphia then announces a week later that due to inability to maintain a profit in the area, and lack of funds to do so, they're going to be shutting off all broadband cable service in 6 months in the New ampshire area. Sorry folks, it's too expensive to play, we're packing up and going home.
6 months later, everything is shut down [without the termination fees applying since the contracts were broken]. Aldephiagoes on making money elsewhere. The weak link is cut. All the customers who had Aldephia Boradband in that area are SOL, and are forced to seek other providers.....if there are any other than dial-up.
I think this would be an effective legal tactic for a cable or telco, as they are not required to -provide- service in an area, but are required to provide -good- service in an area. |
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