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AltheaHarper

join:2011-10-08
Buellton, CA

Cyberonic EVDO fraud, promised 2-6M speed, then said "tough

I did 2 days of due diligence before signing up for a contract with Cyberonics (through Satellite Country) here in Buellton, CA. I even paid an extra $44 to OVERNIGHT the hardware, which took 6 days. All would have been forgiven until I actually connected- at dial-up speeds (see the speed test page for zip code 93427 results). My contract was for the EVDO service, and I was promised 2-6M speeds (which I require for streaming content). They assured me that this was no problem as I was right in the middle of their service area, with good signal. That wasn't just hype, it was fraud in the inducement (a legal term; Google it). I have done 8 speed tests through DSL Reports over the last 2 days, and the one I did this morning was the lowest score on this website's record (16 download, 6 upload. No kidding). Most are in the 100-200 range, a full order of magnitude less than the contractually promised minimum. I called Cyberonics support in good faith, and I was informed that my modem signal was fine, but that their tower was the bottleneck. Further, they said there wasn't a thing they could do about it; ever. Since they can't or won't, I will take it from there, through a filing with the Public Utilities Commission and the Federal Trade Commission (already begun). The FCC doesn't care, and I have not yet gauged the interest of the state Attorney General's office. This is a small town, and if I don't take action, every one of their sales will damage someone I know. If you have had a similar experience, then post or PM me so that we can either compell these cynical fraudsters to take the high road and deliver on their promises, or make the stop defrauding customers with blatant misrepresentations of their service in order to entice them into a legally binding contract (with $350 charged up front). Failing that, we can support the regulating agencies in applying sanctions and shutting them down. I never went looking for a cause, but this is so blatantly offensive and contrary to the Uniform Commercial Code that this cause sees to have found me.


JackKane

@covad.net

Re: Cyberonic EVDO fraud, promised 2-6M speed, then said "t

Cyberonic is a reseller of services. It does not excuse the poor service you are getting, but it is the primary operator that is at fault if the tower/node is congested. The likelihood of anyone getting "shut down" is quite small, but good luck venting at all these agencies. I am sure that your contract mouseprint contains provisions that cover them in the event that the services they advertise do not match up with what is being provided. They have little control over it.

If you have a laptop, travel outside of this tower's coverage area and see if transfers improve. There is often more than one reason why the speeds are low, and many (not all, of course) lie with equipment in the house.