I think it's the way the forum handles multiple quotes. It only shows the "parent" quote, and not any that are in the post.
HR20 Lease/Own dispute
- Thread starter foredeck
- Start date
- Latest activity Latest activity:
- Replies 75
- Views 7K
- Status
I think it's the way the forum handles multiple quotes. It only shows the "parent" quote, and not any that are in the post.
Because of the length of the term (perpetual) and the cost of the unit it is doubtful any court would enforce a verbal agreement so if you didn't sign anything at Best Buy you can have your day if you want to poney up and bring Direct TV to small claims court. They probably won't even show up.
You may even win, but please see my earlier post about the Access Card License Agreement. The courts will enforce that agreement because it is the same principle as a software license.
End result: the OP could keep the HR20, but the card would have to be returned to D*, making the HR20 useless.
And here are two more for the late-night thinkers out there 
:
Clara pacta, boni amici
&
Cogita ante salis
:Clara pacta, boni amici
&
Cogita ante salis
But when you got home, you probably opened the box, took out all the cables, hooked everything up, and inserted the Access Card and then had to call D* to activate the card. That last two steps locked you into the lease program. That's two places that allowed you to be notified of your rights prior to use. Up to that point, you had every right to recognize that you might not want the lease, pack up the STB/cords/remote/manuals and take it (with your receipt) to BB and request a refund. So long as the Access Card package was not opened/altered in any way, and you did not activate your box/access card, you are free of any liability from D*.
This has been an interesting discussion, and I certainly believe that there is a lot of deception associated with getting these receivers anywhere but from D*. Let me also state I am not a lawyer and the following is my opinion.
The talk of small claims court just doesn't seem to fit this case. Summary claims are just that, a claim for monies owed. You don't go to summary claims as a plaintiff for the right to keep something. I suppose you could return the unit, and then sue somebody for the return of your initial $300, but why would anyone ever want to be a plaintiff in this case. As stated above, BB or D* would not show up at court and you would get a default judgement. But then what do you do? Summary claims courts do not collect your money for you. It is up to you to use the judgement any way you see fit (e.g. a lien on property) to try and collect the money.
Probably a better way to get them into court would be to keep the unit and refuse to pay the $400. However, there is a good chance that would never happen. You would more likely get harrassed to your grave by a collection agency and have your credit report hammered, but no court.
Maybe this was all just a bunch of random typing, but it seems like none of the alternatives are palatable when the issue is about $300.
D* really needs to man up and take responsibility for clamping down on all their authorized resellers as to disclosure of the lease terms. As for Ebay, well that is the ultimate caveat emptor place.
It really doesn't matter about the card. They can have the card back. If you were going to sell your satellite reciever to recoup your cost, you would sell it without the card because Directv most of the time requires the person who is purchasing the reciever to also buy a new access card for $20 dollars from Directv. Or what if you just wanted to keep the reciever in case you ever decided to go back to Directv. It is a lot cheaper to get a $20 access card from Directv than to have to buy/lease a new reciever from Directv.
regardless, the op still couldn't ``sell'' his box to recoup the cost or he would be in big doodoo with directv. so he would still basically be stuck with a nice decoration.
The last couple of times I got receivers at Best Buy - when the register receipt printed out (and it was a very long register receipt) - the terms and conditions of the transaction were on the receipt itself. I still have them in the receiver boxes. These were BEFORE the lease plan kicked in I will add.
It says I am required to activate the box within 30 days, or I will be charged, etc. Are they not doing the same thing these days? I bought a PC there though recently, it also listed the T&C of that transaction right on the receipt.
I would NOT however defend BB or D* if there was NO disclosure given. In my transactions with them, I have been given the T&C's.
I will add also that the LICENSE AGREEMENT on the wrapper of the Access Card is misleading regarding lease/buy of the receiver, as it says:
"By removing or allowing an Access Card to be removed from this sealed package, you agree to be bound by the terms of this license. If you do not agree to the terms of this license, do not remove the Acess Card from this sealed package. Promptly return the Access Card to DIRECTV (or the place you obtained it) and return any related equipment to the place you obtained it under the conditions specified by the seller of such equipment. If you do agree to the terms of this license, the terms of this license will be incorporated into your DIRECTV Customer Agreement."
It clearly says SELLER (not Lessor) of the equipment - they did not change this wording from when they were selling the boxes. I would contend that that factor alone could be argued in this matter.
"By removing or allowing an Access Card to be removed from this sealed package, you agree to be bound by the terms of this license. If you do not agree to the terms of this license, do not remove the Acess Card from this sealed package. Promptly return the Access Card to DIRECTV (or the place you obtained it) and return any related equipment to the place you obtained it under the conditions specified by the seller of such equipment. If you do agree to the terms of this license, the terms of this license will be incorporated into your DIRECTV Customer Agreement."
It clearly says SELLER (not Lessor) of the equipment - they did not change this wording from when they were selling the boxes. I would contend that that factor alone could be argued in this matter.
As I read this, BB is ONLY the seller or reseller of the equipment and D* is ultimately the Lease-holder of the equipment. The fact that there was a third party involved does not make BB the lease holder.
If you buy Barry Bonds' record-breaking home run ball from an auction house, you are only receiving it from an authorized dealer, who is being paid a commission for their services by the lucky bloke who caught the ball in the stands. The auction house did not catch the ball, they are only acting as an agent. Just like BB is only acting as an agent for D*. Their liability is limited to the extent of properly completing the transaction and sending D* their money minus the cut they get as acting as the agent.
As for the OP not being in this discussion anymore does not make it any less of an interesting topic.
I'm sure D* wants everyone who obtaines D* equipment to understand the terms. I'm pretty sure it was spelled out on the receipt I got when I "leased" an H20 at Circuit City. I think the problem is with BB, for not doing their part to make sure the contract was understood.
I don't totally understand why the OP cares so much, however. The receiver will be useless without a D* subscription, and worth very little even if he could sell it, because 1. Most people would be afraid to buy it due to the lease factor and 2. Most people get equipment cheaply, or free, from D. His only customer would be someone who was as ill informed as he was.
My D* installers had me sign new contracts when they delivered the equipment, and gave me copies.
I don't totally understand why the OP cares so much, however. The receiver will be useless without a D* subscription, and worth very little even if he could sell it, because 1. Most people would be afraid to buy it due to the lease factor and 2. Most people get equipment cheaply, or free, from D. His only customer would be someone who was as ill informed as he was.
My D* installers had me sign new contracts when they delivered the equipment, and gave me copies.
In an effort to keep beating this dead horse I was in both BB & CC yesterday. CC had no signage at all that would indicate you were leasing a unit. They also had no boxes on display either, so I couldn't see if they were marked appropriately. Interestingly, they had a sign that said until further notice they could only sell equipment to new subscribers. BB also had no sign at all on their display about leasing. The boxes on the shelves did however have stickers on them detailing the lease factor. In the paper today the BB flyer had "Lease Upgrade Fee" over the price stickers.
- Status
