Loss Of Money Because Of Bad Internet Provider

[dharvell]

What is the name of your state? Michigan

A few months back, I posted about my Internet Service Provider (ISP) who has provided terrible service (slow speeds, mainly). These slow speeds have been losing my company money since December of 2007. I cannot change ISPs, because of where I am located - this ISP is the only option. The basic answer I received the last time I posted this question was that I had no case, because of a neat little clause most ISPs fall back on that "speeds are NOT guaranteed". Fine and dandy.

I would like to resubmit for a second opinion with some new information and proof that my ISP is up to some dirty dealings that may violate a couple consumer laws (of course, I do not know enough about the law to say for sure... that is why I submit this question for some expert opinion)...

The new information I have discovered is as follows - At 4:00 PM EXACTLY, my internet is throttled down to barely over dial-up speeds. These dial-up speeds remain constant, until 12:00 AM EXACTLY. At that time, my internet is restored to full speeds. I have video of my computer screen that illustrates these speed differences, if needed.

My ISP has something called a Fair Access Policy (FAP) where, if the internet user goes over a certain amount of data downloaded in a 24-hour period, their account will be throttled down to dial-up speeds for a 24-hour "recovery" period. That is in the contract. However, I have nowhere NEAR approached that FAP threshold (I have screenshots to prove that, as well). I am being throttled down for no particular reason, at a predetermined time, every day.

My questions are:

1 - My ISP advertises broadband. And even though they do not "gaurantee speeds", they do offer various tiers of service. The tier I have subscribed to is an up-to 1000kbps download speed. Are they not violating the contract by purposefully degrading my service without reason during peak hour times? It would be different if the speeds were degraded due to network overuse, but they are shutting me down for a time slot, each day. This throttle down was never explained in the contract... they're just doing it (probably to save them bandwidth... therefore $$$).

2 - Is it not false advertising to promise broadband services, but then not providing those services when you need them most (again... it would be different if it was network usage that caused this slow down... but, this is being done intentionally).

3 - Can I sue for recovery of revenue lost, because of my ISP's decision to throttle down my account, without reason (reasons, such as FAP violation, or network overusage)?

Any advice would be most welcome.

 

[Zigner]

The answer is the same.

Edit: I am assuming you use a satellite provider. Do you have cell phone reception at your house? If so, have you considered a broadband card from the cell provider?

 

[dharvell]

I have tried a cell provider and it didn't work for a number of reasons:

1 - Just plain poor service (no fault of cell provider... just location).

2 - My business runs on 5 computers... all networked into a router that acts as a gateway to the internet. From what I have researched, there isn't a "cell provider router" so-to-speak. All networked computers must be able to access the internet.

3 - Cost. But, as much as I'm losing with this current provider, cost may be eaten by the hopeful return of some clients.

That said, you mean to tell me that law does not protect consumers against companies who claim to provide broadband, but then do not deliver for reasons well within their control? See... to me, that would seem like false advertising and breach of contract. If the slow speeds were outside of their control (FAP threshold exceeded, or too many people on the network at one time), that would be within the contract's lack of speed guarantee. Of course, I'm no lawyer, so what do I know?

By the way... your would be correct in saying that we're talking about a satellite internet provider. How I wish I had some REAL technology out here...

 

[Zigner]

Ok, answer to #2 first:
Yes, there are cell routers. But it doesn't matter much based on points 1 & 3.

However, your speeds are not guaranteed, so the answer from your first thread is STILL the same.

 

[dharvell]

How sad that our legal system allows corporations to trample the little guy. You sure there aren't any laws that render their lack of gaurantee null?

 

[Zigner]

How sad that our legal system allows corporations to trample the little guy. You sure there aren't any laws that render their lack of gaurantee null?

You were warned about it. You chose and choose to use their services.

 

[dharvell]

I was warned that "because of network status and usage", they could not promise that I would get top speed. They never warned that they would throttle down my service, "just because". And I have proof that the service is throttled down at the same time every day. They NEVER warned about that. If they had, I would not have signed up.

 

[Zigner]

I was warned that "because of network status and usage", they could not promise that I would get top speed. They never warned that they would throttle down my service, "just because". And I have proof that the service is throttled down at the same time every day. They NEVER warned about that. If they had, I would not have signed up.

They throttle it due to network usage (not just yours, EVERYONE'S)

 

[VeronicaLodge]

i live in the country and use a cell air card and a router and it works fantastic we have 1 desktop and 3 laptops all working off of it.

 

[xylene]

Also, even if your speed WAS guaranteed, all you would be owed was your cash for the bill.

The money your business is losing is a separate issue, called fitness. This is virtually never warrantied, and certainly would not be for your ISP.

Lets look at it this way, you bought a shovel guaranteed against breakage. You take it out on your ditch digging job. Low and behold the shovel breaks. You don't deliver on your contract... and don't get paid. Now does the shovel company owe you the jobs pay. Of course not.

But since speed, service and availability are not guaranteed, these issues are moot anyway.

If your company is dependent on technical services unavailable or unacceptible in your location, you need to consider relocation.

 

[dharvell]

So, they throttle EVERYBODY down to dial-up speeds - regardless of FAP status - so you can't use their service... but charge you for using it, anyway? Then, they advertise this as a "broadband" service... and they can do this legally?

Something there doesn't sound right.

I think it's time I start researching various cell carriers in the area to see if it was just that one provider that doesn't reach my area (I believe it was Sprint). Time to ditch the satellite provider, either way. I refuse to give a company with such corrupt business practises my money (or continue to allow them to rob me of clients).

Thanks for the replies.

 

[dharvell]

If your company is dependent on technical services unavailable or unacceptible in your location, you need to consider relocation.

I wish relocation could be an option. Sadly, I don't make enough (especially, now that my ISP's poor performance has cost me clients), to consider relocation as an option.

What you say about the shovel makes sense (though, if the shovel was gauranteed not to break, they SHOULD be held responsible to some level). What I don't get is... whatever happened to advertisement laws? This ISP making claims that by switching to them, you can live the "broadband lifestyle", only to find out that they most certainly do NOT provide broadband for a good portion of the day. Isn't that considered false advertising? I guess I don't understand if this ISN'T false advertising. An explanation along the lines of the shovel analogy may help...

 

[dharvell]

i live in the country and use a cell air card and a router and it works fantastic we have 1 desktop and 3 laptops all working off of it.

This looks to be my best alternative. If I can run up to 5 computers off the router, then I'd be happy camper (assuming I am able to get service).

 

[nhooper]

charged for no service

I just posted the following:
Someone suggested I contact the FCC and file a complaint. I also filed a complaint with the FTC. People have to band together and file a class action suit, this is outragious!!


I ordered "high speed internet" service from HughesNet. They installed a dish and I received service for about a week, which was a huge disappointment, it was slower than dial up. After a week, it stopped working all together, for the next 4 weeks I called many times and was given a terrible run around and had to argue with people from India until it was clear to me I would never get anywhere. I told them to stop my service and to stop using my credit card as I would not pay for service I was not getting, they continued to use my card. I changed my # and I disputed the charges and was awarded return of all charges about $550.00. Now I have gotten a letter from a collection agency stating I must write them back to let them know my intensions. They are stating that I owe almost $900.00 and must pay or they will order a judgement against me. What do I do? How can they get a judgement if they did not provide service and the service was not as it was advertised? I googled them and many, many people have had the identical experience I did. Some mentioned the FTC, and I have filed a complaint, but I am worried about what action they can take against me or how they can harm my credit.

 

[Indiana Filer]

I've got Hughesnet service, and we have 4 computers networked through a router. We've experienced the FAP, and every time it happens is because of our usage. (I have a teenager, and a college student in the house.)

Do you ever go to the system screen to see your usage? Perhaps one of the 5 computers in your office is downloading massive files, and you aren't aware. Is anyone using some kind of Pandora or other streaming service?

BTW, with Hughes, the FAP doesn't apply between 3 and 6 a.m. We now use a torrent program to do downloading at those hours. It's nice to have a computer expert son who is home from college to set those things up.