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Wisconsin - DishNetwork Contract

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L

Lordy123

Junior Member
Hello,

First I would like to thank everyone in advance for any help or insight they provide. I have had major billing, and service problems with dish network, the original sales person lied, the installing made mistakes, and I still do not have the service I ordered. Now on to the issue at hand, last friday FOX removed a few channels from dish network. Now, a few weeks prior I upgraded my service plan to include FX, and fox sports network. Now that those channels are not available I will be charged fees (~$30) just to move back to my previous service level. Regardless, now that thay have removed service from my account I believe I am within my rights to cancel without paying their rediculous cancellation fees. I will provide links to the contract I signed, and well as the letter I plan to send, I would greatly appreaciate a proofing of this letter as I do not have any legal experience.

Here is the Residential Agreement I signed:
http://www.dishnetwork.com/downloads/legal/RCA.pdf

This is the letter I plan to send:
October 4th 2010

Dish Network
9601 S. Meridian Blvd.
Englewood, CO 80112

REF: Account # XXXXXXXXXXX

Dish Network,
You are hereby notified under provisions of Wisconsin Agriculture, Trade & Consumer Protection Law, Chapter 123; your attempts to collect termination fees from me are unlawful.

On October 1, 2010 you altered my services provided as specified by law in ATCP 123.4, additionally you failed to give me due notice as specified by law ATCP 123.04 (1). Subsequently I contacted your company immediately and requested a cancellation of all services; I was notified by multiple employees of your organization that I would be charged a termination fee in the amount of $240.00. This fee is unlawful per ATCP 123.10 (7).

Your organization must CEASE & DESIST all attempts to collect termination fees and cancel all services from your company immediately. Failure to comply with this law will result in my immediately filing a complaint with Wisconsin Attorney General's office. I have already filed a complaint with the Wisconsin Consumer Protection Agency; additionally I will pursue all criminal and civil claims against your company if this issue is not resolved within 72 hours upon the receipt of this letter.


Regards,

----------------------------------------------

Again any input will be extremely helpful

Regards,

Tim
 
Last edited:


Zigner

Zigner

Senior Member, Non-Attorney
You have no case...

From the terms YOU posted:

I. Changes in Services Offered. We may add, delete, rearrange and/or change any and all programming, programming packages and other Services that we offer, as well as the prices and fees related to such programming, programming packages and Services, at any time, including without limitation, during any term commitment period to which you have agreed. If a change affects you, we will notify you of such change and its effective date. In the event that we delete, rearrange or change any programming, programming packages or other Services, we have no obligation to replace or supplement such programming, programming packages or other Services. You are not entitled to any refund because of a deletion, rearrangement or change of any programming, programming packages or other Services.

AND:

7. LIMITATION OF OUR LIABILITY
A. INTERRUPTIONS AND DELAYS. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY INTERRUPTION IN ANY SERVICE OR
8
FOR ANY DELAY OR FAILURE TO PERFORM, INCLUDING WITHOUT LIMITATION: IF SUCH INTERRUPTION, DELAY OR FAILURE TO PERFORM ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH NETWORK’S ACCESS TO ALL OR ANY PORTION OF SERVICES; THE RELOCATION OF ALL OR ANY PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S); A CHANGE IN THE FEATURES AVAILABLE WITH YOUR EQUIPMENT; ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US; OR ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
 
L

Lordy123

Junior Member
Zigner said:
You have no case...

From the terms YOU posted:

I. Changes in Services Offered. We may add, delete, rearrange and/or change any and all programming, programming packages and other Services that we offer, as well as the prices and fees related to such programming, programming packages and Services, at any time, including without limitation, during any term commitment period to which you have agreed. If a change affects you, we will notify you of such change and its effective date. In the event that we delete, rearrange or change any programming, programming packages or other Services, we have no obligation to replace or supplement such programming, programming packages or other Services. You are not entitled to any refund because of a deletion, rearrangement or change of any programming, programming packages or other Services.

AND:

7. LIMITATION OF OUR LIABILITY
A. INTERRUPTIONS AND DELAYS. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY INTERRUPTION IN ANY SERVICE OR
8
FOR ANY DELAY OR FAILURE TO PERFORM, INCLUDING WITHOUT LIMITATION: IF SUCH INTERRUPTION, DELAY OR FAILURE TO PERFORM ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH NETWORK’S ACCESS TO ALL OR ANY PORTION OF SERVICES; THE RELOCATION OF ALL OR ANY PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S); A CHANGE IN THE FEATURES AVAILABLE WITH YOUR EQUIPMENT; ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US; OR ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
Click to expand...
Does their contract supersede state law? From ATCP Chapter 123:
http://www.legis.state.wi.us/rsb/code/atcp/atcp123.pdf

ATCP 123.04 Subscription changes. (1) DISCLOSURE
REQUIRED. Except as provided under sub. (2), no provider may initiate
any price increase or other subscription change without giving
the consumer prior notice of that price increase or subscription
change. The provider shall give the notice at least 25 days, but not
more than 90 days, prior to the subscription change. The provider
may give the notice as part of a regular billing statement to the consumer
Click to expand...
ATCP 123.10 Prohibited practices.
(7) Charge a consumer a fee for canceling a subscription or
service offering unless the fee is disclosed to the consumer
according to ss. ATCP 123.02 and 123.04.
Click to expand...
I'm fairly certain I am reading the state laws correctly
(I am not a lawyer though), and their failure to comply with 123.04 prohibites them from charging the cancellation fee, as specified in 123.10

Regards,

Tim
 
Zigner

Zigner

Senior Member, Non-Attorney
First things first:

ATCP 123.04 Subscription changes. (1) DISCLOSURE REQUIRED. Except as provided under sub. (2), no provider may initiate any price increase or other subscription change without giving the consumer prior notice of that price increase or subscription change.

This was due to a contract being non-renewed by FOX - the provider did not initiate the change.

Secondly, you DID get notice of the fee:

3. CANCELLATION OF SERVICE
...
B. Cancellation Policies. You may cancel your Services for any reason at any time by notifying us at the phone number, e-mail address or mailing address set forth at the top of this Agreement. Please be aware that certain promotions have an optional or mandatory term commitment period and if you cancel your Services prior to the expiration of an applicable optional or mandatory term commitment period, certain early termination or cancellation fees may apply.

Those fees would be outlined in your promotional information.


As for the notice,
 
D

davew128

Senior Member
Did you try and call a CSR? Satellite and cable companies will bend over backwards to try and make sure existing customers are satisfied. I'm sure if you politely explain the situation and point out that you've been a loyal customer you may find the fees being waived.
 
L

Lordy123

Junior Member
Zigner said:
Secondly, you DID get notice of the fee:

3. CANCELLATION OF SERVICE
QUOTE]

I was meaning I didnt get notice of the service change. Regardless, you're right about them not initiating the change.

In this case what I to do with the 24 mo contract, I have been lied to(Verbally), my installation still isnt correct (9 mo later). Am I hosed because I signed the contract? Should I send the letter anyway?

Note:
I was charged for damages done to the house I rent($78.XX), due to the Dish installer making mistakes, should I file a claim in small claims court and hope they realease me from contract?
Click to expand...
 
L

Lordy123

Junior Member
davew128 said:
Did you try and call a CSR? Satellite and cable companies will bend over backwards to try and make sure existing customers are satisfied. I'm sure if you politely explain the situation and point out that you've been a loyal customer you may find the fees being waived.
Click to expand...
Yes, they were willing to give me a $5 credit, nothing more. I have had nothing but continual problems with their CS. I suspect its because I'm under a lengthy contract and they know it.
 
V

VeronicaLodge

Senior Member
i have dishnetwork and did not lose those channels, they came to an agreement in the 11th hour of sept 30th. are you sure you do not have those channels?
 
J

Jay968

Member
davew128 said:
Did you try and call a CSR? Satellite and cable companies will bend over backwards to try and make sure existing customers are satisfied. I'm sure if you politely explain the situation and point out that you've been a loyal customer you may find the fees being waived.
Click to expand...
You're kidding right?

A couple of years ago, I was having trouble with a Directv installation and they insisted that I pay to have it serviced even though it never worked right from day one. When I stated to a supervisor that I couldn't understand his lack of willingness to help out a customer, his response was "we are in the business to make money, period!"
 
justalayman

justalayman

Senior Member
ok, the change to the channel line up was initiated by DISH. While they had no choice but to alter the line up, the entity initiating the change in regards to the contract between Lordy and DISH was DISH.

. Now that those channels are not available I will be charged fees (~$30) just to move back to my previous service level
Click to expand...
.why? There is a fee if the customer institutes a change but it is agreed, whether it be DISH or fox that initiated the change, it surely wasn't the customer.

They cannot charge you to change the line up (due to your request) and then alter the lineup to not include what you changed to and then charge you to return to the prior line up. You are charged fees for changes you initiate, not what DISH initiates and in this case, DISH did initiate the changes (removing the programming) If it were me, if they charged you to add FX and Fox sports and then they were removed from the line up within a matter of weeks, I would seek a refund of any fees charged to add those programs.


regardless, none of this allows you to cancel the entire service and escape the cancellation fees.

the only way to escape the termination fee based on the law is if you were not given notice of a termination fee

ATCP 123.10 Prohibited practices.
(7) Charge a consumer a fee for canceling a subscription or
service offering unless the fee is disclosed to the consumer
according to ss. ATCP 123.02 and 123.04.
Click to expand...
I presume you were given notice of a termination fee lest you would not have an accurate amount of the fee to be able to post it here.
 
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