criggs
join:2000-07-14
New York, NY Reviews:
 ·Sprint Mobile Br..
1 edit | reply to Loker
Re: [Verizon] Verizon Limits Its "Unlimited" Wireless Broadband The Gman wrote: "I do not think you would win.....the fine print was there when you signed up so as far as they are concerned they notified you."
And here's why I think you COULD win, and why I could win (yes, I was just cut off also and was forced to switch to Sprint yesterday (they gave me a great deal, much better than Verizon, but I'm still not happy since they're slower than Verizon)):
First, on the page where they post this service at »www.verizonwireless.com/b2c/stor···atId=409 , they say up front and unambiguously that the name of the plan is Unlimited Access. The context of this claim is both traditional Internet service provider plans, where one frequently has a choice to make between cheaper limited access accounts and more expensive flat rate unlimited access accounts, and traditional cell phone accounts, which usually have a limited flat rate based on a finite amount of minutes used. This is a context with which the consumer is familiar, and with which Verizon KNOWS VERY WELL the consumer is familiar. And by using the term unlimited (the dictionary definition of which is completely unambiguous) in their up front promotion they've set up a situation which could legitimately be interpreted as contractual and therefore legally binding (remember that contracts do NOT have to be written to be binding).
Secondly, in the fine print where the prohibitions appear, EVERY SINGLE ONE OF THE ACTIVITIES ADDUCED ARE UNCONFIRMABLE!!!, meaning that Verizon Wireless has NO WAY OF KNOWING whether or not the customer is or is not engaging in the proscribed activities. And if something is unenforceable then its legal bona fides is highly questionable.
Finally, take a look at the text of the termination notice. The ONLY hard fact adduced in that letter which Verizon knows for sure, and to which it can provably attest, is the amount of material which the customer downloaded. If your letter was like mine, it refers to the fact that you downloaded over 10 GB within a 30-day period. ALL OTHER CLAIMS AND ACCUSATIONS MADE IN THE LETTER ARE SPECULATIVE AND CANNOT BE CONFIRMED!!! Actions speak louder than words, and, in this circumstance, I think it would be quite easy to prove that Verizon is NOT bothered by whether or not you are streaming. Rather they are bothered by the fact that you downloaded more than 10 GB of material.
And there's the rub: they demonstrably don't like the AMOUNT of material you downloaded, NOT the NATURE of the material you downloaded.
Which is why their up front promotion of this service, which says NOTHING about any limit on the AMOUNT of downloaded material, constitutes fraudulent advertising. Their fine print restrictions on activities like streaming, since those activities are unproveable and therefore those restrictions are unenforceable, are in bad faith. And their termination letter, which terminates a service which their up front promotion promised, namely Unlimited Access, on grounds WHICH ARE SPECIFICALLY NOT DISCUSSED IN THE PROMOTION (namely the AMOUNT OF DOWNLOADED MATERIAL, i.e. more than 10 GB) is therefore a breach of contract.
This is certainly the case on the basis of which I intend to sue them, and it is also the basis on which I suggest, others, who have been similarly abused, do likewise.
Furthermore, I intend to reach out to other forums like this (evdoforum.com and so on), and explore the level of interest in a class action suit. I seriously believe we have a viable case here.
Stand up, America,
Charles |
