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Dish

Discussion in 'Subscription TV' started by Gordon, Feb 11, 2017.

  1. Gordon

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    I was sold a "no data cap" DISH broadband service and in about 2 weeks hit what was the very REAL datacap, which throttled my (also less fast than represented to me, as, under 1 mbps compared to their promoted 7 mbps) connection down to the point where it times out my browser requests. They said on 2 complaint calls, that I couldn't even buy more data, it "isn't available in your area". I live in a very rural, though not remote, area in the mountains. I rely on Internet to communicate with doctors-I'm not over the hill yet but can see it from here-and weather reports. I contacted their tech support to get my system working, a few nights ago, and their rep said I was all connected, but had hit the data cap and needed to buy more data. I told him I'd already tried that and was told by a previous rep it couldn't be done. Oh sure it can , he said, and charged me another $10 and nothing changed. I dismantled all their equipment that night and called to cancel after I'd cooled off.

    Now I find they're charging me early term fees, that the contract they have on file (I told them I hadn't signed a contract) has my signature forged, on it. And they wont even respond to the issue about their sales rep lying to me.

    I imagine I'm at their mercy unless I don't mind them ruining my credit. Ive never experienced this kind of duplicity and REALLY don't want to give them more of my hard earned money.

    What's my best move?
     
    #1
  2. AAGK

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    #2
    jsn55 and JVillegirl541 like this.
  3. JVillegirl541

    Staff Member Advocate

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    Well get them to produce the contract with your signature would be a good start. It sounds to me in your area they are incapable of providing the service they sold you. What State are you in?
     
    #3
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  4. honestpointofview

    Staff Member Advocate

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    Hi Gordon

    Firstly I am a bit confused re purchasing extra data. You normally have to purchase extra data if you have run out of data allowance in total. From what you say it sounds like you do not have a data cap but just then when you get to certain point you (or rather your internet usage) is throttled. I can therefore see why purchasing extra data did not help as they had not capped the actually amount of data you can use; I am therefore not sure you were mislead. Instead it could be a confusion about terminology. Certainly if I were representing the company I would say you do not have a data cap - just that after a certain amount of data use the speed was lowered. That being said from what your usage say I am surprised you have got to that point.

    I am based in the UK so you need some guidance/suggestions from those with US legal knowledge (I say guidance rather than advice because of course as lawyers we can only advise if you are our client). It would also be helpful to see the T&c's of the contract if you have a copy.

    However it helps I would suggest writing a letter along the following lines;

    "Dear Sirs

    Re: DISH broadband service
    Contract/customer No:

    I wish to cancel my contract and for the reasons set about below I believe that i am entitled to do so without penalty or further obligation on my behalf.

    On x i entered into a contract for DISH broadband service. At the time it was represented to me it was "no data cap" service. This was important to me because <insert reason> and was a material term of the contract. I now understand that in fact there is a data cap because my usage is being throttled to the point that my browser times out. This means the service is unusable. Further even before the service is throttled I was getting speeds of under 1 mbps compared to what I was told that I would get which was 7 mbps.

    I have tried tried to resolve the matter via technical support even purchasing extra data, which I should not have to do, but that has not made me get faster speeds.

    I am therefore not receiving the service i contracted for. In the circumstances I wish to cancel the contract and indeed have tried to do so. I have however been advised that there are early termination fees and that there is contract on file with those terms. I was not informed of these terms when i entered into the contract nor have i signed any contract.

    Given the above circumstances I believe it is reasonable to be able to cancel my contract without penalty or further obligation. If you do not believe it is reasonable I look forward to your explanation as to why, particularly given the service is not delivering the agreed terms. Further as stated above I did not enter into a signed contract. If you believe you have a contract on file purportedly with my signature on then please provide a copy by return.

    I look forward to hearing from you within x .

    Yours faithfully."
     
    #4
    Last edited: Feb 12, 2017
  5. sas80

    Staff Member Advocate

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    I remember when I got notification from virgin mobile that my data usage would be throttled because I had been using a lot of data. I was surprised because they had sold me a plan with unlimited usage. What I came to find out was, my plan is unlimited usage but buried in the contract it said that my data would be throttled at a certain point.
    I had been streaming Pandora through my car while driving, and this is what pushed me over that edge.

    That is a good letter from @honestpointofview , may I also suggested that you make it clear that the said rep sold this plan as "totally unlimited" and you were not informed of the data cap leading to a data throttle.

    may I also suggest that you add in a section where you say that you are very pleased with the servicewhen you are using it with no data swaddling, and that you would like to continue to use it however you need to discuss with them what can be done about the data throttling.
    Leave it open ended, stating that you feel misled but are willing to find a solution.
     
    #5
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  6. Neil

    Neil Moderator
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    And I was considering moving to TMobile. Now I know to ask about this with whomever I decide to move to.
     
    #6
    sas80 likes this.
  7. AAGK

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    Eric Schneiderman, the Attorney General of New York, is suing Time Warner on behalf of all New Yorkers alleging a similar deception. If these companies have no problem casually misrepresenting their capabilities, etc to the millions of people in New York, then it is not a stretch that a company is doing it to this guy.

    He may have given up prematurely and should consider reopening a dialogue, These issues are not solved in one appointment. When my parents got wireless at the beach, the guy was there 50 times and it still always drops. Time Warner comes to my apartment at least 2/year with new boxes or to move something.
    Otherwise, he should go to a competitor.
     
    #7
    Last edited: Feb 12, 2017
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  8. sas80

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    yep! Plans are ALWAYS advertised as unlimited data, because they are technically unlimited. You can use as much data as you want They just dont actually disclose this information, because the plan is still, technically, unlimited. it's always there in the contract tho.

    You can also access your phone to see what your typical monthly data usage is, and be a better informed consumer about which plan might be right for you.
     
    #8
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  9. honestpointofview

    Staff Member Advocate

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    That technically unfortunately, as well as catching people out, gives the company an argument to say you were not mis-sold/mislead. Certainly if i was acting for them that is exactly what i was say; your plan is unlimited but we do lower speeds after a certain usage level. If I were acting for the consumer I would say that if it lowers the speed to such a point that it is virtually unusable then it is a cap in all but name.
     
    #9
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  10. jsn55

    Staff Member Advocate

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    Gordon, my colleagues have given you lots of information. This must be a very frustrating situation.

    I am wondering about the 'signed contract' which you state is forged. Do you have your copy of the contract with no signature on it? Have they sent you a copy of the contract showing a signature? I'm wondering if you signed off on the installation and they have language somewhere in the contract that says signing off on the installation is agreeing to all the contract terms.

    I know these companies are very slippery, when I had DISH TV installed, on the phone I was quoted one price for two receivers. My first bill was 20% higher than what I had bought. But the husband was already enjoying all the sports in his den, so I had no choice but to agree to the higher charge.

    From your letter, it sounds like you have no other choice for broadband service ... or do you? We live in a "rural but not remote" area too and they're the only provider of TV. We had to contract for a different service to get internet. I am also curious, as I only pay for the slowest internet (1mbps sounds about right) here at the house and have no trouble doing searches, emails, booking travel, etc. Nothing ever times out.
     
    #10
    Last edited: Feb 12, 2017
  11. Mike Z

    Staff Member Advocate

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    When you call and order something you are rarely ever asked to sign a contract. You agree over the phone when you give all of your information and credit card numbers for the deposit and billing. I'm sure an actual copy of the contract with ALL of the small print was mailed. However, after only 2 weeks you should have an out as most companies allow 30 days. I'd fire off a letter immediately and make sure you keep track of every call made, including the date, time, who you spoke with, etc. I imagine this is going to get ugly and the more info you have on your side the better off you will be. I would also start looking into the various ways of protecting yourself against credit negatives as it seems like they are going to try to bill you for the termination fee and if you are like me, will tell them to get lost and that you aren't going to pay.
     
    #11
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