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]

[Geronimo]

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.

[Geronimo]

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.