Dish Breach of My Contract

kingbiged

Pub Member / Supporter
Original poster
Dec 28, 2003
67
0
Oregon City, OR
I hope that some of you can comment and help me here. I am one of the lucky ones in the dispute with Dish & Fischer Communications (KATU), and have been without ABC going on 3 months now. My wife is not happen, not to mention my 14 year old who watches several shows on ABC. I have two 722's, and a 612 on my account, one 722 with an OTA, but with weak signal on ABC ( have tried reaming without success, works fine on the TV OTA tuner, but not with the 722). The antenna is outside, and has a inline amplifier. If the wind blows right, there is nothing at all.

The question I have is Dish in breach of my 2 year contract that I signed in August 08? I hat to dump the service after over 13 years of service with them, but no updates or resolution in site I might not have a choice. This has gone on way too long, and with their ongoing lawsuit from Fischer I don't see a quick resolution.

Anyone know if I could get out of the $200 cancellation penalty with this if I choose to move service to another provider?
 
Interesting question. I imagine it depends what the fine print says, and I would assume it says that they can change programming at anytime without notice
 
From the Residential Customer Agreement:

Changes in Services Offered. We reserve the right to add, delete, rearrange and/or change any and all programming, programming packages and other Services that we offer, and our prices and fees related to such programming, programming packages and Services at any time, including without limitation during any term agreement period to which you have agreed under the terms and conditions of any other agreement with DISH Network. If a change affects you, we will provide you notice of such change and its effective date. In the event that we delete, rearrange or change any programming, programming packages or other Services, you understand and agree that we have no obligation to replace or supplement any programming, programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree that you will not be entitled to any refund because of a deletion, rearrangement or change in the contents of any programming, programming packages, or other Services previously offered. DISH Network - About Us - 1.888.825.2557

Looks like you are sol.
 
I hope that some of you can comment and help me here. I am one of the lucky ones in the dispute with Dish & Fischer Communications (KATU), and have been without ABC going on 3 months now. My wife is not happen, not to mention my 14 year old who watches several shows on ABC. I have two 722's, and a 612 on my account, one 722 with an OTA, but with weak signal on ABC ( have tried reaming without success, works fine on the TV OTA tuner, but not with the 722). The antenna is outside, and has a inline amplifier. If the wind blows right, there is nothing at all.

The question I have is Dish in breach of my 2 year contract that I signed in August 08? I hat to dump the service after over 13 years of service with them, but no updates or resolution in site I might not have a choice. This has gone on way too long, and with their ongoing lawsuit from Fischer I don't see a quick resolution.

Anyone know if I could get out of the $200 cancellation penalty with this if I choose to move service to another provider?

Dish didn't "breach your contract" so yes, you get to pay. Just like your contract says, they have the right to change programming...
 
ATTENTION ANYONE WHO SEARCHES "CONTRACT":

Dish Network Service Agreements are there for the protection of Dish Network, NOT you. A standard contract DOES NOT protect you form price increases or unwanted changes in programming. Their primary purpose is to make sure you will remain a customer, and did not waste hundreds of dollars on your install, leasing you new receivers, or other special promotion only to see you instantly drop your service.

Why is that so hard to understand?
 
Well. It's not hard to understand. It's just difficult to swallow when you feel you have done nothing wrong and something you are paying for is just taken out from under you. Especially when you weren't expecting it. It would really pay to educate subs about this possibility although I guess Dish wouldn't really want to emphasize that to new subs. We went through this with our local ABC station a couple of years ago. Woke up on New year's day without it. Fortunately I had OTA and could get the channel - just no current guide data. Dispute lasted about three or four months. All is good now and likely Dish will get it worked out, just not as fast as you would like.
 
No question it's frustrating, but it is a risk when you sign the contract. Don't like the possibility, get cable. It just shocks me that everyone not only hasn't at least become familiar with the terms of their contract, but think terms are in there that are not.
 
Can you get "limited basic" service (locals only) from the cable company? In my area it runs around $10 a month, and this would tide you over until Dish get their head out of their *** or until your contract is up.
 
Thank you for all the answers and comments, I just think that turning off a major station and giving us less than one day is not notice. In any event, I will have to make decisions if nothing happens soon.
 
Keep in mind that you likely lost your ABC affiliate because the station operator is asking Dish for more money than Dish is willing to pay. Since Dish extends the reach of the station to viewers like yourself who would otherwise be unable to watch the station (over the air), I think its ridiculous that Dish has to pay anything to carry the station - but of course that's the way things work these days as local stations try to milk cable and satellite subscribers for as much money as possible. I suggest you contact the station and make it clear you are unhappy with them for trying to pick-your-pocket via your satellite TV bill. Then start to make a list of the local advertisers on that station. If you do business with any of those advertisers, contact the owner of the business and/or the marketing department and explain to them that the station is being unreasonable with dish network and its subscribers, and you will avoid doing business with station advertisers until the issue is resolved. (And mean it, when you say it.) If the station starts to get pressure from advertisers, they'll settle with Dish pretty quickly.
 
Isn't E* refunding part of your locals fee of $5.00 for the missing station? That's the normal routine, i.e., to not charge you for the missing affiliate.

This is correct.

I still can't believe all the people who start crying about price and channel changes. This is nothing new and it has been going on since the beginning of pay TV. I don't care if it was cable or satellite, but this has been the norm from day one.

Don't believe me? Try and go back and see what you were paying for TV in the early and mid 90's and look at what you are paying now. You will see that you are paying an average of over $20 more now !!!!! Also compare your channel packages. Are they still the same or do they stay the same? NO. So why is it such a big surprise or issue every year?

Every Feb you see price increases because this is when all the new contracts are signed by the providers from the programmers who always increase their costs to the providers.

If you want to see this stop then you need to focus your frustrations on the channels themselves !!!! You need to contact any company that advertises on the channels that increase their rates and let them know that you will boycott their product if they continue to advertise on these channels. It is the programmers that are making your rates go up not the providers. Sometimes these costs are way out of line and the provider has to dump the channel because they know that the consumer will freak out if they raise their rates even higher than they all ready have to because of the other price increases.

So if you want to see another price increase next Feb, and you will see one, then just sit back, keep blaming the wrong source, and keep switching back and forth between providers to get a "better deal". This solves nothing !!!!

Just my $.02
 
ATTENTION ANYONE WHO SEARCHES "CONTRACT":

Dish Network Service Agreements are there for the protection of Dish Network, NOT you. A standard contract DOES NOT protect you form price increases or unwanted changes in programming. Their primary purpose is to make sure you will remain a customer, and did not waste hundreds of dollars on your install, leasing you new receivers, or other special promotion only to see you instantly drop your service.

Why is that so hard to understand?

Maybe because this practice is wrong? Cell phones, satellite tv and now home phones, DSL, and even cable tv providers are getting in on this lucrative business of binding their customers to BS contracts that don't even have to be signed. How is this possible?

At a minimum we should have to at least sign something to make it a valid contract. I would personally like to see congress jump in and regulate these over-the-phone 'contracts' to include such limitations as pricing and content but a good first step would be to actually require actual signatures on actual contracts.
 
Dish is not the only provider that has these disputes either.
The DMA next to mine does not have their CBS station on DirecTV, since Jan 1.
 
Can you get "limited basic" service (locals only) from the cable company? In my area it runs around $10 a month, and this would tide you over until Dish get their head out of their *** or until your contract is up.
What makes you think it's Dish who has their head up their ass? Do you know how much it costs Dish to carry a local? Do a little research.
 
The only thing I would note is that everyone keeps referring to a "signed contract"
Most customers do their changes upgrades, etc over the telephone. I have been with Dish for 13 years and am considered a pioneer to them. They recently retracted a price increase for me because I pointed out I did not receive any written document stating that the standard 250 base was going up.
 

info needed

are there Wireless recievers for Dish network?

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