Customer Agreement Change - Can I cancel fee free?

Status
Please reply by conversation.

ncted

SatelliteGuys Master
Original poster
Pub Member / Supporter
Jul 4, 2004
5,833
4,035
Durham, NC
I got an email from directv notifying me of a customer agreement change. Here is the text:

THIS DESCRIBES THE TERMS AND CONDITIONS OF YOUR RECEIPT OF AND PAYMENT FOR DIRECTV® SERVICE AND IS SUBJECT TO ARBITRATION (SECTION 9) AND DISCLAIMER OF WARRANTIES (SECTION 8). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR ORDER OR SERVICE. IF YOU INSTEAD DECIDE TO RECEIVE OUR SERVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS AND THEY WILL BE LEGALLY BINDING. IF YOU OBTAINED RECEIVING EQUIPMENT DURING OR AFTER MARCH 2006, THE EQUIPMENT LEASE AGREEMENT, AVAILABLE AT DIRECTV.COM, GOVERNS YOUR RECEIPT, USE, AND RETURN OF EQUIPMENT.

I am thinking this means I could cancel without an ETF. Am I reading this correctly?

Thanks,
Ted
 
I think you can. Might want to call and make sure though.
 
I don't see anything that says they waive your ETF responsibility. It just says you can cancel your service. Like Ramy said, call and ask.
 
Look at this way..credit cards always send notices out that "term and Conditions" have changed and that you can cancel the card if you do not agree to the changes. Does this mean that your credit card debt will disapear once the card is cancelled? bzzzzz wrong. I think the same rules will apply to the early termenation fee
 
In the case of the credit card, if you do not accept the new terms and cancel, you owe the balance on the card plus any interest at the rate specified in the last terms and service until that is paid off. You can't use the card for any new debt though.

In the case of D*, the question would probably be is the ETF a balance on your account at that moment. I think, but don't know, that you would be subject to paying the current amount plus a deactivation fee (section 2 I believe). No mention of the ETF that I could find.

Of course I'm not a lawyer and may be talking out of my hat! :)
 
Of course any ETF would apply. If you refuse the new terms, you have to cancel before they go into effect. If they haven't gone into effect yet then the current terms still apply. The current terms say there's a penalty for cancelling early. The reason you cancel doesn't matter. If you cancel early, you pay. Simple as that.
 
Apparently the equipment lease agreement is separate from the customer agreement, so the ECF would still apply. Very clever DirecTV. Oh well.
 
I wonder if u could pay the monthly lease fee and still cancel the service? I think it might be cheaper than the ECF
 
So what did they change?
If you look at the terms from days of yore, it has always said pretty much the same thing. Here's the corresponding terms that were in effect in 2008:
DIRECTV Customer Agreement said:
4. CHANGES IN CONTRACT TERMS

We reserve the right to change the terms and conditions on which we offer Service. If we make any such changes, we will send you a copy of your new Customer Agreement containing its effective date. You always have the right to cancel your Service, in whole or in part, at any time, and you may do so if you do not accept any such changed terms or conditions. See Sections 5(b), (d) and (e) below. If you elect not to cancel your Service after receiving a new Customer Agreement, your continued receipt of Service constitutes acceptance of the changed terms and conditions. If you notify us that you do not accept such terms and conditions, then we may cancel your Service as provided in Section 5, as we cannot offer Service to different customers on different terms, among other reasons.
To be sure, the terms were clearer back then but they said effectively the same thing.

The terms prior to April 2007 were even clearer on the subject of the ETF:
DIRECTV Customer Agreement said:
4. CHANGES IN CONTRACT TERMS

We reserve the right to change the terms and conditions on which we offer Service. If we make any such changes, we will send you a copy of your new Customer Agreement containing its effective date. You always have the right to cancel your Service, in whole or in part at any time, and you may do so if you do not accept any such changed terms or conditions. If you do cancel, you may be charged an early cancellation fee if you entered into a separate programming agreement or a deactivation fee. You will be issued a credit, if any, in accordance with Section 5. If you elect not to cancel your Service after receiving a new Customer Agreement, your continued receipt of Service from us will constitute acceptance of the changed terms and conditions. If you notify us that you do not accept such terms and conditions, then we may cancel your Service as provided in Section 5, as we cannot offer Service to different customers on different terms, among other reasons.
 
Status
Please reply by conversation.
***

Users Who Are Viewing This Thread (Total: 1, Members: 0, Guests: 1)

Who Read This Thread (Total Members: 1)

Latest posts