qworster
join:2001-11-25
Los Angeles, CA
 ·DSL EXTREME
·Brand X Internet
 ·RoadRunner Cable
 ·Vonage
4 edits | Why isn't this a class action breach of contract suit?
It seems to me that if someone contracts with someone else to provide a service and then unilaterally changes the terms of said contract after the fact that they should be sued in court. How is this any different? The ISPs contracted with Bell Canada for a certain data quality and Bell unilaterally and willfully changed that contract by degrading said quality of service.
It's as if I paid for high test gas and then found out they were giving me regular when my car started pinging and/or the valves burned. Seems to me that I'd even be eligible for actual and/or compensatory damages too.
Since so many ISPs are involved, this should be considered class action...at least in the USA it would be.
Doesn't Canada have Specific Performance in their Contract Laws? |
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Mashiki
Balking The Enemy's Plans
join:2002-02-04
Woodstock, ON | Going through the CRTC is the cheap route in Canada before bringing out the lawyers, and taking it through the court system up here which could take awhile. |
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davidbrown
join:2005-05-31
Toronto, ON
·Bell Sympatico
| reply to qworster
said by qworster  :It seems to me that if someone contracts with someone else to provide a service and then unilaterally changes the terms of said contract after the fact that they should be sued in court. How is this any different? The ISPs contracted with Bell Canada for a certain data quality and Bell unilaterally and willfully changed that contract by degrading said quality of service. It's as if I paid for high test gas and then found out they were giving me regular when my car started pinging and/or the valves burned. Seems to me that I'd even be eligible for actual and/or compensatory damages too. Since so many ISPs are involved, this should be considered class action...at least in the USA it would be. Doesn't Canada have Specific Performance in their Contract Laws? Basicly no.
Thanks to the little part of the contract that states they can make changes any time they want and you have to deal with it.
You can take them to court bu thanks to them having lots of money and power you stand little chance of winning and it would take years and loads of money to do so. |
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KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·AT&T Yahoo
·AT&T DSL Service
·Cox HSI
·AT&T Southwest
| reply to qworster
said by qworster :It seems to me that if someone contracts with someone else to provide a service and then unilaterally changes the terms of said contract after the fact that they should be sued in court. How is this any different? You're absolutely correct, but remember, once you bust out the lawyers, from then on everything is really expensive.... and the outcome uncertain. Well the outcome for everyone but the lawyers in the case... they'll be making their billable hours....
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"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!) |
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