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| Anon | Service means service Whether the article is bogus or not the message from Megapath is the same.They have not made a diligent or consistent effort to service the customres they purchased via the merger. The contract is binding on there side also. I am not breaking mine. I have already filed complaints with the BBB and AG's office as to the termination of their support. If they cannot handle the support load from the phoenixdsl merger then they should have not completed the deal. This is also going to cost them business customers in the long run. | |
|   dbergst
join:2000-10-26
Rockville, MD |  Re: Service means service
Anyone who would like to register a complaint to the Federal Trade Commission, can go to the URL below to air their grievances:
»www.ftc.gov/ftc/complaint.htm
If enough of us complain, maybe this situation can get resolved more quickly. | |
| | yazdzikPremium,MVM
join:2000-07-26
Honesdale, PA
kudos:1 | Re: Service means service Dear Friends at DSLR,
I would be extremely surprised if the contract between the customer and Phoenix were not binding after a merger or takeover. Depending upon the laws of the state of incorporation, and state of residence of the aggrieved customer, and, where the contract states the jurisdiction to be, there is no way, in all likelihood, that, under the unlikely assumption that a executive would say such a irresponsible thing to the press, that company promisor, ie Phoenix, would be relieved of its obligations by merger.
Whatever protection available against creditors were available, would of course protect them, in a worst case scenario, where the promisee sues for performance and wins. The judgments in those suits are enforceable, unless enjoined. Simply, although I would be less willing to go out a a limb and say Megapath is legally accountable, such is my first, albeit superficial take on the situation.
The merger papers are matters of public record, and, if the contracts are taken over as assets they are taken over not mutatis mutandis, that is, making the necessary alterations, as in a court case, but under the doctrine of pacta sunt servanda, which means loosely that agreements must be honoured. The most likely inference, and it is just an inference, is that they are not lawfully entitled to cut back on service. Period.
If they want the copper, they have to deal with the customer. Business, residential, or otherwise. Or face the music.
But as is often pointed out, the probability of a customer able to afford only forty-nine dollars a month for DSL service initiating a lawsuit where the fees will run into six figures is small.
Should the government move in and make them do the right thing? Megapath bought Phoenix, warts and all, and cannot change contracts at will, because the promisee is not a new kind of creature, a "customer at will." There is no such thing, and I have no answers. But I hope for the fullest enforcement of existing law, so that business users, or the more literate among us are not advantaged. Elsewise, we shall all face an AOL world, where the newbies and poor get the conglomerates, and the wealthier, or more computer skilled can manage the thicket of CLECs and networking problems. Fair? Probably. Desirable?
A good thread topic, for those of you wiser than me.
All good wishes,
yazdzik | |
| | | | Anon | Re: Service means service Isnt Megapath the company that always starts their press release off with something like "Megapath Networks, who is consitently rated among the highest ISP's on DSL Reports for customer satisfaction" Umm- you can delete that from the press release now. | |
| | |  lml2000Whazzup
join:2000-08-17
Los Angeles, CA | Yaz:
What's your point? MegaPath stated they will honor Phoenix contracts for residential service. Sure, the level of CUSTOMER service could be inferred as diminished, BUT if a sub doesn't like it, he/she is FREE to leave and go with another ISP. The statement does NOT speak to the level of QUALITY of service as the word "quality" relates to the quality of your DSL.
Yes, they have an obligation to provide the same level of bandwidth, the same level of latency, etc. If they're not doing this, get on them. I have, and have had my problems remedied. Yes, I threatened to repudiate my contract. But NOW we have learned that they are fine with that. They prefer that you leave of re-subscribe to MegaPath service at a monthly fee about 70 percent more than you now pay.
I think you focusing in the wrong area when you focus on the enforceability under Phoenix's merger agreement with MegaPath. You should focus on your own level of service, whether your satisfied with it now or not, and if not, either give them an opportunity to remedy your dissatisfaction, or inform them that you wish to be excused from your contract. Really, what more do you want?
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Regards,
lml | |
| | | | yazdzikPremium,MVM
join:2000-07-26
Honesdale, PA
kudos:1 | Re: Service means service Dear IML2000,
You are one hundred percent correct, but the problem then becomes, the level of service, not merely bandwidth, but, what may be euphemised as help for the technically challenged, was part and parcel of the original contract. My only concern is that when ISPs find out they cannot offer the level of support service that AOL, AT&T, et al, provide, that DSL as a whole will be tainted. Do I personally think it possible to help people set up e-mail accounts at thirty-nine dollars a month? Absolutely not. But, where could a person, now paying about that, go, to get both quality of service, and the traditional hand holding, as they have both the contractual right, and, moreover, the expectation, if the contract were voided?
It is a very difficult problem, to which I have no answer, but merely state that the legal and social problems are staggering. Else, I, and my family have DSL, and my less fortunate relatives will always be on dial-up. I am not certain that this is analogous to some people having Mercedes and others VW's, as I am not certain that communication is just another consumer product. But I am humbled by the issues, and the wealth of thought in these forums.
Best wishes,
Martin | |
| | | | | Anon | Phoenix has not released any statement releasing customers from their contracts. As it stands now you will have to pay the $300.00 penalty to be released. This is absurd. I have not had a connection in over two weeks and have not heard a word from Phoenix or Megapath despite frequent emails.
This goes back to service. They have not provided the service as the contract states. I don't know where you live but it my state we have a desiptive trade enforcement. I agree it may be limited as to what I can do on an individual basis but if enough peole voice their frustration then maybe something will come of this. All I want is what I and Phoenix agreed to in the contract. | |
| | | | | lml2000Whazzup
join:2000-08-17
Los Angeles, CA |  Re: Service means service
In the article, Gary Thomas, executive vice president and co-founder of MegaPath, is quoted as saying:
" "And if residential customers aren't happy . . . they can leave anytime they like."
The article continues by stating:
"Prefacing his words with a warning about his bluntness, Thomas said if customers
e-mail the company, MegaPath will let them break their contracts without penalty. Or, they can become MegaPath customers, at the higher price of $69.95 per month.
Based upon your particular experience, you are well within your rights to unilaterally terminate the contract. But your comments imply you'd rather stick with the service. Which do you prefer? I advise you either to press to be released from your contract, if not, terminate it by disputing any charges on your credit card, or to be more safe, simply cancel the credit card. Shift the burden onto Phoenix (MegaPath) to go after you for money they would assert due. I'm willing to bet they won't, and will be glad you left.
On the other hand, if you wish to stay with the service, which based upon you experience I couldn't imagine why, then push to get your service. But, IMHO, you shouldn't play it both ways. Either terminate the contract and get rid of them and subscribe to another ISP, or do your beefing to Phoenix/MegaPath but not here because YOU CAN TERMINATE YOU CONTRACT and be PROTECTED from any penalties.
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Regards,
lml | |
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