Class Action Lawsuit against Dish for Dropping Voom?

[davelip75]

I spent almost 1 year shopping for a new flat screen HD TV, then once I got it in March, spent another 4 weeks looking around, researching whether to stay with Dish and upgrade to HD, switch to Direct TV, Fios, or Comcast. After reviewing the options, I specifically went with Dish because they offered some great HD channels. Specifically I chose Dish though because of the Voom channels (Monsters, Kung Fu, Rave, Gallery). For true HD content it sounded like there was none better.

Needless to say I was required to upgrade my receiver/dish and dvr for a $150 fee, and agree to a 2 year contract. I did so willingly with the knowledge that Dish Network's HD content was unmatched by any other cable outlet.

Since Dish has dropped the Voom, the replacement channels are not at all in comparison to what was offered. The channels offered now are NOT all HD. TNT is simply upconverted and squeezed. Bravo's content is NOT HD. A&E is NOT HD. Why do I care what the weather channel looks like in HD? Why do I care what my stocks look like in HD on CNBC?

They've taken the commercial free VOOM channels and replaced them with sub-par commercial ridden SD upconverted channels. Try watching any movie, rather, commercial fest, on Bravo. (Casino? Because I have 4 hours to sit and watch a 2 1/2 hour movie).

In my mind, we as customers are owed something for the loss of the Voom channels. Shouldn't a person be mad if they just spent $2,000 on a tv and a 2 year commitment to a cable company only to have their HD content drastically change? It is none of my concern what contract disputes/discussions/problems Dish is having with Voom. That is no excuse to simply pull the plug on the Voom channels.

I am in the process of contacting several different attorneys to see what the options are. I'd like to know if other Dish Network customers feel the same way and whether they would be willing to be a party to any lawsuit.

 

[aaronc]

 

[Peter Parker]

while I question that you will be successful several have expressed simialr sentiments and may join you! good luck!

 

[Van]

It wont do you any good because theres a clause in the contracts that you signed that states that Dish network can change the programming content and price without any prior notification for what ever reason. If it bugs you that much then save yourself some money and buy out your contract because if you try to take this to court your going to loose and in a very big way.

 

[Scott Greczkowski]

Your user agreement states that "Programming is subject to change without notice" and you agreed to this ageement when you got installed.

And again while I don't want to rehash things again, it was VOOM who ultimately removed themself off of Dish.

 

[Apologist]

Changing a few channels is one thing- changing close to 50% of their channel lineup without notification is another. The moment that they took Voom off without proper notification and charging us is what I question.

 

[KAB]

The attorneys will send you on your way.

 

[Peter Parker]

Your user agreement states that "Programming is subject to change without notice" and you agreed to this ageement when you got installed.

And again while I don't want to rehash things again, it was VOOM who ultimately removed themself off of Dish.

Actually this is what it says

"Changes in Services offered. DISH Network reserves the right to change the Services that we offer, and our prices or fees related to such Services at any time. If the change affects you, we will provide you notice of the change and its effective date. The notice may be provided on your billing statement or by other communication permitted under Section 9B. In the event of a change in the contents of any programming, programming packages or other Services, you understand and agree that we have no obligation to replace or supplement the programming, programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree you will not be entitled to any refund because of a change in the contents of any programming, programming packages, or other Services previously offered. "


As for Section 9B that says

B. Notice. If we send you notice, it will be considered given when deposited in the U.S. Mail, addressed to you at your billing address or hand-delivered to you. Our notice to you will also be effective if provided on your billing statement or by telephone. If you give notice to us, it will be deemed given when received by us at the address listed on the first page of this Agreement.


So the one valid argument these people make refers to notice. Nowhere do is ee the words you quote.


but I still don't think they will preavail. but some attorney may give it a shot.


FWIW here is the full residential agreement

http://www.dishtv.com/residential_agreement.jsp

 

[briani]

Your user agreement states that "Programming is subject to change without notice" and you agreed to this ageement when you got installed.

And again while I don't want to rehash things again, it was VOOM who ultimately removed themself off of Dish.

Exactly! I'm not happy about losing ALL of the Voom channels either(At least the three that I watched) but it is naive to place all the blame on Dish. Also, I would have to believe that the amount of HD content on these "New" channels will improve/increase over time as revenue goes up.

 

[navychop]

Read your contract. Dish promised you nothing. But I'm sure some lawyers will take your case on a billable hours basis, cash in advance.

Whoops. I type slow. I see the contract being quoted a couple of posts previous to this one.

 

[drummerguy]

Changing a few channels is one thing- changing close to 50% of their channel lineup without notification is another. The moment that they took Voom off without proper notification and charging us is what I question.

Didn't know Dish had only 30 channels. Heck, even without using "Charlie math," 15 channels doesn't even come close to constituting 50% of their total HD lineup.

Why don't you sue Voom instead? They're the ones who breached their contract with Dish and then ultimately told Dish to go stick it.

 

[Apologist]

50% is a little high. I am thinking before the new channels were added.

 

[Peter Parker]

50% is a little high. I am thinking before the new channels were added.

I am sure that they would argue that they swapped one set of channels for another. They clearly have the right to do that. The only real issue is whether there was notice of any kind but even there they expressly state that we are not entitled to refunds when this happens.

 

[Hemi 6.1]

Who cares? Voom is dead! Its over. If you want to make another lawyer rich as hell ,Go right ahead. Enough with the Voom crap already. Its freaken TV.

 

[KAB]

Enough with the Voom crap already. Its freaken TV.

I feel your pain. +1

 

[db2]

In my mind, we as customers are owed something for the loss of the Voom channels.

"Wrong, sir! Wrong! Under section 37B of the contract signed by you, it states quite clearly that all offers shall become null and void if - and you can read it for yourself in this photostatic copy - "I, the undersigned, shall forfeit all rights, privileges, and licenses herein and herein contained," et cetera, et cetera...”Fax mentis incendium gloria cultum," et cetera, et cetera...”Memo bis punitor delicatum!" It's all there, black and white, clear as crystal! Good day sir!!"

 

[Hemi 6.1]

We should file a class action suit against the people who keep crying about Voom. Voom isn't on E* anymore so maybe you should post the voom stuff over at the Cablevision Forum. Thanks.

 

[davelip75]

Why I think there is a case

If I am required to sign a new, 2 year contract for Dish Network's HD content, and then less than 4 weeks after signing that contract, they completely change their entire HD content so that it barely resembles what I agreed to in April, why shouldn't that be grounds for a lawsuit.

Specifically because I will be penalized if I ask to get out of my 2 year contract by Dish, regardless of whatever new channels they now offer. It still doesn't match what was offered at the time I signed up for.

In addition, I was required to pay a fee of $150 to upgrade my Dish service to HD, even though new customers were given this same offer for free. Don't anybody give me no Willy Wonka quotes. If 50% of the new content is NOT HD, or mostly filled with commercials, then its not a satisfactory replacement for the Voom channels.

 

[Hemi 6.1]

If I am required to sign a new, 2 year contract for Dish Network's HD content, and then less than 4 weeks after signing that contract, they completely change their entire HD content so that it barely resembles what I agreed to in April, why shouldn't that be grounds for a lawsuit.

Specifically because I will be penalized if I ask to get out of my 2 year contract by Dish, regardless of whatever new channels they now offer. It still doesn't match what was offered at the time I signed up for.

In addition, I was required to pay a fee of $150 to upgrade my Dish service to HD, even though new customers were given this same offer for free. Don't anybody give me no Willy Wonka quotes. If 50% of the new content is NOT HD, or mostly filled with commercials, then its not a satisfactory replacement for the Voom channels.

Did you state in your contract that if Voom was removed you get a refund and all bets are off. NO! Thats right, You signed E* contact. !! No one forced you to subscribe to the HD pack. The end. Anyone who knows about TV ,Knows no matter who your provider is they can take away or add channels anytime they want. If you didn't know that ,Next time maybe you'll read your contract before you sign one.

 

[FitzAusTex]

We should file a class action suit against the people who keep crying about Voom. Voom isn't on E* anymore so maybe you should post the voom stuff over at the Cablevision Forum. Thanks.

No one forces you to read, nor respond to Voom posts. We'll stop 'crying' when we feel like it.