Consumer Rights / Class Action Suit

[.O.]

What are our rights as consumers?
If in fact Voom does shut down, do we as customers have any legal recourse?
Can we as consumers file a class action suit against CVC. Shutting down the service is certainly not living up to the spirit of the contract we all signed.

The reason I came to Voom was the implied promise of 70 HD channels coming in March. I feel I have been misled and cheated as a consumer.

Can we sue?

 

[TheTimm]

Sure you can sue. It's America -- it's almost expected. Good luck. Let me know how it turns out.

 

[.O.]

Sure you can sue. It's America -- it's almost expected. Good luck. Let me know how it turns out.

Actually, I was thinking more along the lines of us. The people on this site and anyone else you may know that has Voom. Filing a Class Action Suit.

Now, I'm not a lawyer nor do I play one on TV, so i guess my question for anyone who may have a working knowledge of the law.

 

[Bruce]

Voom Customer Agreement 1c.

"We reserve the right, at our sole discretion, to change, re-arrange, add or delete the Voom services, including but not limited to our programming packages, the selections in those packages, our rates, and any other service we offer at any time."

 

[madpoet]

Bruce, just because they say that doesn't make it legally true. Box owners do have rights.

 

[jame_g]

22.Dispute Resolution
(b) Arbitration
In the event any claim cannot be resolved informally, you agree that any and all disputes, claims, and causes of action arising out of or connected to this Agreement or otherwise between you and us [the agreement also refers to equipment warranties and limitations of liability for service and equipment], shall be resolved individually, without resort to any form of class action, and shall be submitted to binding arbitration in that State of New York in New York County in accordance with the commercial rules of the American Arbitration Association ("AAA") then in effect.

Class action appears to be out without a compelling reason to convince the courts otherwise, since courts usually enforce binding arbitration agreements.

 

[jame_g]

Bruce, just because they say that doesn't make it legally true. Box owners do have rights.

True, but you would need to find out what consumer rights are and what warranty laws are. However, I don't think most consumer/warranty laws are going to protect people who've owned their boxes longer than about a year. (Unless they are defective and cause injury or damage.) The best bet would be to first contact CVC by phone, then in writing to see if they are willing to make any refunds. Then you would very likely have to resort to arbitration first from the looks of it. But I'm no lawyer... Just pointing out what I see in the agreement.

 

[madpoet]

There was a very similar case already tried when one of the other services shut down. The decision was that as long as there was warranty on the boxes, they either had to be provided service or you had to receive compensation. I've got 13 months of warranty left, I want compensation.

 

[mikew]

The reason I came to Voom was the implied promise of 70 HD channels coming in March. I feel I have been misled and cheated as a consumer.

Can we sue?

I've never heard of a lawsuit based on an implied promise

 

[.O.]

I've never heard of a lawsuit based on an implied promise

Tell that to me ex-wife. :haha

That was probably the wrong phrase, future services implied, perhaps.

 

[jame_g]

There was a very similar case already tried when one of the other services shut down. The decision was that as long as there was warranty on the boxes, they either had to be provided service or you had to receive compensation. I've got 13 months of warranty left, I want compensation.

Have you contacted Voom or CVC yet and asked about this issue? They may agree to some sort of prorated compensation. Especially if you calmly and accurately state the facts. They may even have considered this issue and could be preparing a mailing to all box owners, or have an offer ready that they will make only to those that contact them. (well, once they actually let customer service in on things anyway)

Also, the decision in the other case may have been based on specific wording in that warranty. Voom has some very specific limitations mentioned in it's warranty and limitations of liability that could render that decision invalid with respect to the Voom warranty. Not every decision applies unilaterally, there are usually other factors that come into play.

 

[FredOh]

What's the point, unless you bought the equipment, you move on. I really liked the Atari Jaguar, and buggy whips. WHo can I sue.

 

[madpoet]

I bought the equipment. So you can move on, 'k?

 

[DarrellP]

I nominate James Spader from Boston Legal as our lawyer of choice. Better yet, let's hire Denny Crane, he has not lost in over 6,000 cases. Oh hell, just send Monica Potter to my house for just 1 night and I'll forget all about this court thing.

 

[Fredinva]

Some of you need to watch more NEWS channels.
GW signed a bill into law re class action suits, cuz plaintiff gets $50 rebate, lawyers get millions!!!!!!!

fred