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ISP breach of contract

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raidzuo

Junior Member
Utah

My ISP promises a minimum of 900kbs for their 1.5meg connections but I've been getting 700 kbs for about 5 months ever since I entered the contract. They refuse to break the contract and will not repair my speeds. Are they in breach of contract for doing this? Can I sue them? Do I need a lawyer?
 


TheGeekess

Keeper of the Kraken
DSL or cable modem? Tested during peak usage times or in the middle of the night when no-one else is online (in theory)? What kind of speed test did you use? What kind of traffic was hitting that particular node at that time? If DSL, how far away is the switch? If cable, how many users are on the same node you're on?

What exactly (word for word) does your contract say about speed guarantees?
 

BL

Senior Member
If high speed ,what does your provider say is the output from their end ?

Speeds depend on a lot of factors .

You could always ask if they have have an updated /newer modem to replace your existing one .

If the speed output on their end is OK.
 

FlyingRon

Senior Member
I have never heard an ISP "promise" a bandwidth.
They may state one, but everyone I have is really hinky about guaranteeing uptime or bandwidth. There's usually weasel words in the contract.

If this ISP is cable TV operator or phone company, one way to get some satisfaction (takes a couple of months) is to file an FCC complaint.
 

You Are Guilty

Senior Member
I have never heard an ISP "promise" a bandwidth.
They may state one, but everyone I have is really hinky about guaranteeing uptime or bandwidth. There's usually weasel words in the contract.
Bingo. They usually promise "speeds (up to) 3.0/768" or some such. I've never, ever, seen an ISP guarantee anything - they don't even guarantee that their service will stay up 24/7.
 

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