Early Termination Fee - No Line of Sight after Moving

[truckracer]

I have a Motorola Defy that allows calls over my broadband/wireless connection, rather than T-mobile cell phone towers. Unfortunately, calls made that way still consume my voice minutes.

They can probably justify that because after you get the call over the Internet it feeds back into their backbone through a gateway therefore using their resources. Otherwise they could not meter your minutes. T mobile's switch is still processing your calls. My guess.

 

[dishcomm]

I don't really see what the argument is here anymore. I think it's clear that the customer would be in violation of the contract and would have to pay the cancellation fee. It's up to Dish to decide it it's morally right to charge this customer being in the situation he is in. Dish has to decide if they want to waive the fee to this customer in order to keep him happy and hopefully he will come back to Dish or recommend a friend to Dish. Regardless of what everyone is saying about right and wrong, he would be in violation of his contract.

Spot on...

 

[dishcomm]

The OP, and anyone else in this situation, should call Dish for a service call and complain that their "service isn't working. It says it's 'searching for satellite'." and make them send out a tech. Keep doing that until Dish agrees to waive the ETF !

That will not work if there is no system installed. Which is what happens on a Dish Mover.
Please. A deal is a deal.

 

[Hall]

If there's no system installed, he's not being billed. Yes ?

 

[dishcomm]

That's where the alleged "subsidy" is, in the install? What if there's no install needed? Same pricing, no contract?

Out of context..
It's quite simple.
The typical customer gets several hundred dollars worth of free service and equipment. IN return, the customer agrees to an active account for 24 consecutive months AND keep their bills current.

 

[dishcomm]

If there's no system installed, he's not being billed. Yes ?

Yes. The customer is committed to 24 consecutive months of service for which he must pay his monthly bill. If he declines service during the contract, he must pay a certain dollar figure per month for each month left on the contract.
Period.
Remember, the customer that moves CHOOSES his abode. Therefore if the customer CHOOSES to reside in a dwelling where Dish service is unavailable, it makes no difference. A commitment is a commitment.
I am no fan of Dish or Charlie..I could not care less. The fact is, because I am a Dish customer, I pay my bills on time. So should everyone else. No free lunch because they 'have an issue'..

 

[GaryPen]

I have a Motorola Defy that allows calls over my broadband/wireless connection, rather than T-mobile cell phone towers. Unfortunately, calls made that way still consume my voice minutes.

That's BS

AT&T charges you $20 and you get unlimited minutes and data through the device connected to your broadband connection.

Also, BS

Sprint's is free to use, and they're even shipping it to me free. The only change is I have to pay the 911/per line charge on it, which is $1.50 in Ga.

Usage is normal, based on my unlimited data and unlimited evening calls and calls to cells. I have a bunch of minutes for calls to landlines during the day, but they're hardley ever used.

Much more reasonable.

FYI, there are tons of voice call apps for Android (I assume for iPhone, as well) that let you use a wi-fi connection to make voice calls without using any of your minutes or any money going to the carrier.

 

[Stargazer]

I use Google Voice in conjunction with Groove IP to make and receive free phone calls and free texting on my table and smartphone via wifi. Pretty cool what you can do for free these days. Had NETTalk before that.

If you can get a cell phone booster then it saves the $20 per month fee that some carriers charge for their broadband voice solutions. It would pay for itself in a yer or two.

 

[mentsmin]

Out of context..
It's quite simple.
The typical customer gets several hundred dollars worth of free service and equipment. IN return, the customer agrees to an active account for 24 consecutive months AND keep their bills current.

The equipment is loaned to the customer and recovered (or billed for) when service is discontinued. I don't know of a television provider that does not provide the customer with equipment.

 

[mentsmin]

The fact is, because I am a Dish customer, I pay my bills on time. So should everyone else. No free lunch because they 'have an issue'..

The customer cannot receive service, so they're not getting anything for free. I don't know if anyone is arguing the contract is void (I don't believe they are); rather, some have suggested that this is a poor business practice. This situation is likely one that is not encountered terribly often. And this suggestion is not unprecedented -- at one point, cell phone companies were known to allow customers out of contracts if the customer moved to an area that was not covered (and there not only are we talking about a device that would still work in other locations, but about truly subsidized equipment that the customer owns and can resell).

Like I've already stated, the unilateral contract here is still valid. I just think enforcement of the ETF in this limited context is not cool. I feel the same way about Dish's policy of charging customers to return equipment (a fee I called and had waived the last time I ended service with Dish).

 

[Hall]

I fully understand that a contract is a contract and everyone probably agrees that he's breaking the contract. Dish has the leeway to waive ETFs or any fees/charges if they want to. It should also be done on a case-by-case basis.... Ultimately, I really, really doubt that the OP moved in order to get out of his contract. He moved for some reason that's no one's business and after getting in the new place, he called Dish to re-install his service. Sure doesn't sound like he tried to pull a fast one....

 

[truckracer]

I use Google Voice in conjunction with Groove IP to make and receive free phone calls and free texting on my table and smartphone via wifi. Pretty cool what you can do for free these days. Had NETTalk before that.

If you can get a cell phone booster then it saves the $20 per month fee that some carriers charge for their broadband voice solutions. It would pay for itself in a yer or two.

Same here works great. I also have an obi-100 gateway with google voice for a free home phone. My dish network receiver can even dial up through it and I pay my bill with the remote.

 

[Tampa8]

Yes. The customer is committed to 24 consecutive months of service for which he must pay his monthly bill. If he declines service during the contract, he must pay a certain dollar figure per month for each month left on the contract.
Period.
Remember, the customer that moves CHOOSES his abode. Therefore if the customer CHOOSES to reside in a dwelling where Dish service is unavailable, it makes no difference. A commitment is a commitment.
I am no fan of Dish or Charlie..I could not care less. The fact is, because I am a Dish customer, I pay my bills on time. So should everyone else. No free lunch because they 'have an issue'..

It's just not that simple. There is no service being provided, and the person is getting nothing for free, in fact is getting nothing and paying for nothing, and that is the essence of the problem. Remember, for ANY contract case both sides have to be getting something advantageous to them for it to be upheld unless the law has already been laid for the circumstance. (Such as buying a car "As is" or renting an apartment) That applies even if you agreed to it.

The real issue as others have pointed out is more towards should Dish insist on this, or after they get the equipment back in good shape, allow them to end the contract with perhaps charging the difference in what a non contract price would have been for the actual months you had their service, and hope the customer comes back.

 

[Skee7ix]

Can DIRT mebmers cancel my account?

 

[Bobby]

Can DIRT mebmers cancel my account?

PM one of them and ask them directly....

 

[Derwin0]

It's just not that simple. There is no service being provided, and the person is getting nothing for free, in fact is getting nothing and paying for nothing, and that is the essence of the problem. Remember, for ANY contract case both sides have to be getting something advantageous to them for it to be upheld unless the law has already been laid for the circumstance.

He could have paid for the installation himself, and bought receivers outright and thus have no contrat. Instead he got a "free" installation, as well as subsidezed recievers to use. so yes, he did get something advantageous.

 

[dwarren2]

Perhaps this thread should be closed. The OP has not posted anything to the forum since he started this thread on 5/6. It's no use speculating what he should do since he ins't responding to anything.

 

[dishcomm]

The equipment is loaned to the customer and recovered (or billed for) when service is discontinued. I don't know of a television provider that does not provide the customer with equipment.

And? The operative term is "loan"...Loans must be paid back. Or in this case the 'payment' for the 'loaned' equipment( throw in the labor and materials for the install is in the form of a contract of service.

 

[dishcomm]

The customer cannot receive service, so they're not getting anything for free. I don't know if anyone is arguing the contract is void (I don't believe they are); rather, some have suggested that this is a poor business practice. This situation is likely one that is not encountered terribly often. And this suggestion is not unprecedented -- at one point, cell phone companies were known to allow customers out of contracts if the customer moved to an area that was not covered (and there not only are we talking about a device that would still work in other locations, but about truly subsidized equipment that the customer owns and can resell).

Like I've already stated, the unilateral contract here is still valid. I just think enforcement of the ETF in this limited context is not cool. I feel the same way about Dish's policy of charging customers to return equipment (a fee I called and had waived the last time I ended service with Dish).

Anyone can use all the circular logic they wish.
The bottom line is the contract is clear. If a customer moves to a new dwelling that is a CHOICE...Under the terms of any agreement the person benefiting from the use of goods or a service is required to practice due diligence. Therefore, the CHOICE the customer makes is their responsibility. Just because the customer relocates is not the fault of the Company.
Now, lets suppose for a moment that the move was 'forced'..For example, a person who has been transferred by their employer and their living quarters chosen by the employer. Such as corporate housing. At that point I believe Dish( or other provider) should relent and waive the agreement.

 

[cosmo_kramer]

Perhaps this thread should be closed. The OP has not posted anything to the forum since he started this thread on 5/6. It's no use speculating what he should do since he ins't responding to anything.

Agreed. Also, both sides of the discussion are now pretty much repeating the same arguments over and over....