Can I op-out my contract because voom move?

[haertig]

Lawyers work on grey areas and loopholes. DISH can put into their contracts that programming is subject to change, but such changes would still be subject to legal challenge.

For the sake of discussion, let's say that Dish changed their programming down to a single channel provided in both SD and HD, and held the cost of that "package" at the same level as they currently charge for their least expensive qualifying package (for a commitment).

Would the commitment requirement still be valid? Are you stuck with paying $30/month (whatever it would be - including DVR fees, etc.) for two years of The Basket Weaving Channel? If not, why not?

Obviously dropping Voom is not this drastic, but does the commitment contract say anything about HOW radically they can change the programming lineup? I'm not aware that it does.

 

[philhu]

I havent used dish in a long time, but was an original VOOM sat service subscriber.

I added a 622 last year, and put in for 2 more years then.

I havent used the system for a long time, my 61.5 crapped out during the fall. Didnt spend the time to have them come out, and mess up my video/media closet, so I just got Expressvu.

So when Voom went away the other day, I called to cancel. Got to a supervisor, told them to look up the account and see it was a "voom only" acct 2 yrs ago when voom went off the air. He kinda mumbled and cancelled me right out.

No questions, no retention, no nothing. Said "sorry we removed your channels" and hung up.

FYI

 

[Peter Parker]

For the sake of discussion, let's say that Dish changed their programming down to a single channel provided in both SD and HD, and held the cost of that "package" at the same level as they currently charge for their least expensive qualifying package (for a commitment).

Would the commitment requirement still be valid? Are you stuck with paying $30/month (whatever it would be - including DVR fees, etc.) for two years of The Basket Weaving Channel? If not, why not?

Obviously dropping Voom is not this drastic, but does the commitment contract say anything about HOW radically they can change the programming lineup? I'm not aware that it does.

Actaully while you can litigate anything it is unlikely that you would succeed in the case of language like this. If providers actaully tried to define what changes they cold make there woudl be lawsuits about the language.

Bbut if you want to try to contest it feel free to try it and report to us on your progress.

 

[JimK2]

testarc: wherever you change to, if WorldCinema was that important to you, please consider subscribing to the StarzCinema Channel as an alternative. Good Luck !

WorldCinema was great, I would settle for IFC HD for WorldCinema

 

[Peter Parker]

Here is the exact language in the Residential Agreement.

G. Changes in Services Offered. We reserve the right to add, delete, rearrange and/or change any and all programming, programming packages and other Services that we offer, and our prices and fees related to such programming, programming packages and Services at any time, including without limitation during any term agreement period to which you have agreed under the terms and conditions of any other agreement with DISH Network. If a change affects you, we will provide you notice of such change and its effective date. In the event that we delete, rearrange or change any programming, programming packages or other Services, you understand and agree that we have no obligation to replace or supplement any programming, programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree that you will not be entitled to any refund because of a deletion, rearrangement or change in the contents of any programming, programming packages, or other Services previously offered.


Pretty tight wording. But they sure did mess up on the notice part.

 

[haertig]

Not trying to win anything. Nor would I ever consider litigating. Just bringing up an (admittedly) contrived scenario to consider for the folks that are telling the OP that Dish has the ultimate say in all things. Maybe they do, maybe they don't.

As of last week, many people might have called it a ridiculous what if scenerio for Dish to remove 15 HD channels from the Ultimate HD package, without notification, without a price reduction. Dish did add a few channels, but the final tally was a significant net reduction.

 

[riffjim4069]

Technically, you will have to pay to break the contract...however, I am sure they more than happy to let you out of your contract if you're forceful and willing to spend a couple hours on the phone escallating the matter.

 

[Peter Parker]

[edit]I see that you subsequently edited out the words in your post that I quoted above[/edit]

Not trying to win anything. Nor would I ever consider litigating. Just bringing up an (admittedly) contrived scenario to consider for the folks that are telling the OP that Dish has the ultimate say in all things. Maybe they do, maybe they don't.

As of last week, many people would have called it a "ridiculous what if" for Dish to remove 15 HD channels from the Ultimate HD package, without notification, without a price reduction. Dish did add a few channels, but the final tally was a significant net reduction.

So to turn my "ridiculous what if" into something you might consider, replace my sarcastic "one channel" with "cut 50% of their channels", to bring the analogy more into line with something Dish ACTUALLY DID, and just this week.

My original wording was harSh and inappropriate.

but as I said if you or anyone else really think you have a case go forward and let us know. But frankly I am not hearing about them letting people out of commitmetns but I am hearing about them waiving downgrade fees.

bUt whether you intend to litigate or not the first course of action is ask. They might do it, they might offer you something that you think is reasonable, or they might say aomethign that might help you in litigation.

But seriously most contracts with consumers stand up in court even if they are one sided. I know that people are upset but that does not mean you can win in court. If you think these provisions are bad you should read most credit card agreements. They are far worse than this and still stand up.

 

[haertig]

My original wording was harSh and inappropriate.

I did not consider it so. Only an alternate point of view.