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brianiscool

join:2000-08-16
Tampa, FL
kudos:1

lol

One hour on you tube your out of bandwidth. You can't even download movie previews!


en102
Canadian, eh?

join:2001-01-26
Valencia, CA
I wouldn't even be able to download a Linux ISO image.


Subaru
1-3-2-4
Premium
join:2001-05-31
Greenwich, CT
kudos:1
man.. I burn that in 10 min...


dadkins
Can you do Blu?
Premium,MVM
join:2003-09-26
Hercules, CA
kudos:18
reply to en102
said by en102:

I wouldn't even be able to download a Linux ISO image.
I couldn't download any "Research Videos"!
--
Think outside the Fox... Opera


mpelle4456
Say What?

join:2001-07-21
Tacoma, WA
The Better Business Bureau is always a good help in a situation like this. They've got a lot of power, and companies fear getting a bad rep with them.

I would simply tell the company "screw you, you changed the terms of the service; this is not what I agreed to," and then split.

If they were so stupid as to take you to small claims court to collect the remainder of their contract, I suspect you'd find the judge quite sympathetic; more than likely, Hughes would end up paying your court costs as well as eating the contract cancellation fee.

Another good place to go is the local state Attorney General's Office Consumer Protection Division - most states have these. Quite often they'll get involved in something like this.
--
He who hesitates is lost.

My Blog



TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ
It is my experience, from both sides of the BBB equation, that the BBB is as useless as mammalian protruberances on a male of the genus sus. Hell, I even had a woman from the BBB tell me once that there was little they could do of any consequence.

On the other hand, calling one's Department of Consumer Protection AND State Attorney General's office and giving them a heads up(be prepared with documentation. Keeping a log of all communications, leading up to the point of calling, is a Very Good Thing) can be very effective. If you doubt that, just look at The State of New York: They have very responsive and proactive consumer protection and it shows. Keeps a lot of companies honest.

jameswade

join:2001-12-09
Hot Springs, NC
reply to mpelle4456

Better Business Bureau

I found the BBB to be completely without teeth when I complained to them about the quality of the Atlanta local stations on DirecTV. (The have severe ghosting, worse than off air with poor reception)

The response after months was nothing from DirecTV and the BBB says that they DirecTV are not a member and that there was nothing that they could do.

I notified the FTC also, but they said that they only respond to trends, not individual complaints. They didn't explain how they were alerted to these 'trends'.

Maybe the state's attorney general will be some help..


mpelle4456
Say What?

join:2001-07-21
Tacoma, WA

2 edits
I've used the BBB a couple times and they were very helpfull - at least for me. They got the company's attention.

Yeah, you have to present a good case, and you have to have good documentation - without which, you're toast.

In this instance, where if it really said in their contracts, that the contract would be null and void if Hughes changed the service, Hughes is toast.

But they're toast anyways, if they unilaterally changed the terms and conditions of the contract. That's basic contract law.

You sign an agreement with Hughes to provide a certain type of internet access, the terms of which are spelled out clearly; so much downstream and upstream bandwidth, with a certain bandwidth cap that cuts in at X MB/day and lasts for a certain specified period.

They come back and unilaterally change the conditions of the contract - lower the cap amount and lengthen the duration of throttled time - then you no longer have a contract.

Where a party to a contract is guilty of serious prospective inability or unwillingness to perform, the other party may make a demand for "adequate assurances of due performance." UCC 2-609 provides: 1) the aggrieved party is permitted to suspend his performance; 2) he is given the right to require adequate assurance; 3) failure to supply adequate assurances may create an anticipatory breach and thus give rise to all of the remedies available for such a repudiation. Some jurisdictions have extended the doctrine to contracts of all types, not just those for the sale of "goods." (See,
Norcon Power Partners v. Niagara Mohawk Power Corp.
92 N.Y.2d 458, 705 N.E.2d 656 (1998)
Hughes has repudiated their contract.

Thus, what I would do if I were a Hughes customer, is send them a letter telling them they are in material breach of their contract. I'd give them a certain timeframe (10 days) to re-institute the service I originally agreed to; then after the 10 days had lapsed and if my service hadn't been restored, I'd send them a second letter telling them our contract is null and void because they had failed to perform and that because of their non-performance, the contract therefore cancelled - all because they had failed to live up to the original agreement.

I would also bill them for any amount I had paid since they changed the terms of service (pro-rated on a monthly basis).

Send copies of this to the BBB, the President of Hughes, the AG's office, and maybe some local TV stations. Show these as cc's on the letter to Hughes.

I guarantee (if everything as it was stated) they will fall over themselves to cancel your service and maybe even give you a refund. Companies hate bad PR; they also hate to look foolish in public.

Note: Calling them on the phone is a complete waste of time - you'll never even get close to speaking with someone in authority.

--
He who hesitates is lost.

My Blog


jameswade

join:2001-12-09
Hot Springs, NC
I presented a good case, lots of documentation, actual emails from DirecTV, etc. The problem is that the BBB doesn't seem to be able to actually enforce anything and since DirecTV wasn't even a member, using the BBB was of no use.

emptywig
Huh? What?
Premium
join:2002-08-05
Pasadena, TX
reply to mpelle4456
I'm sure that somewhere in their contract is a line that states something like they (Hughes) reserve the right to change their service at any time for whatever reason, speeds are not guaranteed, etc.

I doubt any of the actions mentioned will have any affect.

The idea that Hughes will fall all over themselves because you call the BBB is laughable. Truly. When you are the only game in town, you don't care if you have bad PR or look foolish. BBBs can do some good with a local company, but a national (international) company wouldn't even bother dealing with them.

Sad but true.

wig
--
Sometimes a paradox is just a paradox


Qumahlin
Never Enough Time
Premium,MVM
join:2001-10-05
united state
reply to mpelle4456

Re: lol

The BBB has no actual power whatsoever. They can be helpful in maybe getting a company to contact you, but most companies just ignore them if they've already ignored you yourself complaining.

Look at how many large companies have F ratings on the BBB site
--
Forum Posts:7500

patcat88

join:2002-04-05
Jamaica, NY
kudos:1
reply to emptywig

Re: Better Business Bureau

Contract law overides any contracts, for example, why do hitmen goto jail? The liability according to the contract is on the person who hired them.

Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
reply to brianiscool

Re: lol

some WoW patches could blow this out.