Early Contract Termination

E

ezyemail

Thread Starter
Well-Known SatelliteGuys Member
Feb 29, 2004
25
0
I was just informed:


If Viacom pulls the programing, Every DISH customer must be let out of their contract (Due to breach of contract)

Dish must provide service (including Viacom channels) and you end of the contract is to pay your bill.

Dish will lose millions of customers if this happens. :no
 
D

dta316

Member
Mar 4, 2004
10
0
Damnit man :shocked
I'm not even hooked up yet! When will the madness stop :rolleyes:
 
K

kd-did

Active SatelliteGuys Member
Oct 6, 2003
23
0
I think your information is incorrect, E* makes no guarantee of programming in their customer contracts or any literature.
 
M

M Law

SatelliteGuys Family
Supporting Founder
Sep 30, 2003
105
0
Got to agree with kd-did on this one, there's nothing that guarantees that certain programing will be provided. At worst, they would refund a portion of your monthly fee until the dispute is settled.
 
W

WLong

SatelliteGuys Pro
Supporting Founder
Jan 28, 2004
341
0
I disagree with you guys. If DISH Network loses all of its Viacom channels it is no longer providing the service you agreed to at the start of your contract with them.

If DISH Network attempted to force subscribers to remain with their service per their contract, they would have a class action lawsuit against them that they cannot afford (PR-wise.. cash wise they can afford it..)

I am not saying I would leave DISH at all. I would expect that since the service I was receiving were to change at the magnitude at which it would by losing Viacom, DISH would do the right thing and nullify the contract I have with them.

Its a case of doing the "right thing" vs. the legal thing.

Bill
 
AppliedAggression

AppliedAggression

SatelliteGuys Pro
Sep 26, 2003
538
6
Connecticut
You all make good points. I'm sure Dish wasn't stupid enough to gaurantee channels on the contract, which means your contract would still stand. But taking into account how big the Viacom channels are, customers would easily win in a court dispute.
 
keno

keno

SatelliteGuys Family
Feb 17, 2004
97
0
AppliedAggression said:
You all make good points. I'm sure Dish wasn't stupid enough to gaurantee channels on the contract, which means your contract would still stand. But taking into account how big the Viacom channels are, customers would easily win in a court dispute.

If Dish pulled ALL channels to save money, except the BingoTV, would the contract be void then? Of course. If they pulled all channels except for 2 channels, would the contract be void? How about 5? 10? 20? Where is the line? If I contracted for a service that provided me with the channels I wanted to watch and then Dish dropped all of my most favorite channels, I would say they have breached their contract.
 
W

WLong

SatelliteGuys Pro
Supporting Founder
Jan 28, 2004
341
0
I hope it doesnt come to that. I still get CBS OTA, but losing the other content would be a HUGE loss.
 
W

WLong

SatelliteGuys Pro
Supporting Founder
Jan 28, 2004
341
0
keno said:
If Dish pulled ALL channels to save money, except the BingoTV, would the contract be void then? Of course. If they pulled all channels except for 2 channels, would the contract be void? How about 5? 10? 20? Where is the line? If I contracted for a service that provided me with the channels I wanted to watch and then Dish dropped all of my most favorite channels, I would say they have breached their contract.

Read your contract. What is in Americas Top 60? If that changes with the loss of Viacom channels, you cannot technically subscribe to "Americas Top 60" as it was when you agreed to it. Hence, nullified contract since they can no longer provide the service you are supposed to have.

I would still keep DISH Network, I just expect to see my obligation to them terminated as a sign of good faith, if the Viacom deal gets ugly.

If I called them up and said I want to pay you $10 less a month because I lost a poker deal and need to pay my bookie... should they allow me to do that? I don't think so and we shouldn't allow DISH to hold us to an agreement that doesnt match the deal we struck at signing.

Thanks,

Bill
 
J

jsheldon

Member
Sep 9, 2003
11
0
keno said:
... If I contracted for a service that provided me with the channels I wanted to watch and then Dish dropped all of my most favorite channels, I would say they have breached their contract.

It is not sloely "their" contract. The contract is agreed to by dish and YOU as a subscriber.

You both agreed to:

"G. 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."

Jerry
 
W

WLong

SatelliteGuys Pro
Supporting Founder
Jan 28, 2004
341
0
jsheldon said:
It is not sloely "their" contract. The contract is agreed to by dish and YOU as a subscriber.

You both agreed to:

"G. 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."

Jerry

And we would be protected by Consumer Laws which would send that clause right out the window. They can try to make you agree to that, which is an unfair business practice but in the end, consumer laws would protect you from them invoking that.

Bill
 
keno

keno

SatelliteGuys Family
Feb 17, 2004
97
0
jsheldon said:
It is not sloely "their" contract. The contract is agreed to by dish and YOU as a subscriber.

You both agreed to:

"G. 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."

Jerry


I agree! In the event of a change of content of any programming package, I have no right to a refund. They (Dish) have no obligation to replace or supplement the package. Yet, I do have the right to cancel the contract at that point. Are you agreeing that if Dish cancelled ALL channels to save money, except for Bingo TV, there is no breach of contract?
 
W

WLong

SatelliteGuys Pro
Supporting Founder
Jan 28, 2004
341
0
As I said, consumer rights are in place to protect you. Those would overrule this contract clause.

Bill
 
boba

boba

SatelliteGuys Master
Dec 12, 2003
11,350
1,033
Dorchester, TX.
Wlong would you like to bet on the outcome in court? I would bet on DISH you agreed to the contract and the penalty for breaching it. DISH has many lawyers on staff and loves to battle in court. They do not write contracts with out legal approval. Even the programming brochures have the disclaimer "all prices,packages and programming subject to change without notice. Number of channels may decline.".
This is taken from the fine print of the DHA brochure "TVRO04Q1.191" DISH knows their legal rights it is a shame so many customers fail to read what they are agreeing to and then think they can apply their interpretation of what they didn't read.
 
W

WLong

SatelliteGuys Pro
Supporting Founder
Jan 28, 2004
341
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boba said:
Wlong would you like to bet on the outcome in court? I would bet on DISH you agreed to the contract and the penalty for breaching it. DISH has many lawyers on staff and loves to battle in court. They do not write contracts with out legal approval. Even the programming brochures have the disclaimer "all prices,packages and programming subject to change without notice. Number of channels may decline.".
This is taken from the fine print of the DHA brochure "TVRO04Q1.191" DISH knows their legal rights it is a shame so many customers fail to read what they are agreeing to and then think they can apply their interpretation of what they didn't read.

I did read it at the time of signing. They could have all the fancy lawyers they want. In the end, I am protected by consumer rights -- REGARDLESS of what is in print on a DISH brochure, signed agreement, etc.

I never said I would breach my contract. When did I say that?

Bill
 
S

skaeight

SatelliteGuys Family
Jan 25, 2004
59
0
Wow, am I glad I cancelled my e* install. I'm just sitting back looking at all this is as a spectator. I understand dish is trying to prove a point, but I really don't want to deal with a company that jerks its customers around this much. Theres no way I want to commit to a year long contract when I have no idea if half the channels I like will still be there 6 months from now.

I really think that dish network is in trouble, partly because they don't own any content. They have no leverage. Why did viacom offer such a crappy deal compared to directv and many cable companies? Probably because they feel like they can push dish around.

I can't wait to feel the joy! :) Directivo here I come.
 
AppliedAggression

AppliedAggression

SatelliteGuys Pro
Sep 26, 2003
538
6
Connecticut
skaeight said:
Wow, am I glad I cancelled my e* install. I'm just sitting back looking at all this is as a spectator. I understand dish is trying to prove a point, but I really don't want to deal with a company that jerks its customers around this much. Theres no way I want to commit to a year long contract when I have no idea if half the channels I like will still be there 6 months from now.

I really think that dish network is in trouble, partly because they don't own any content. They have no leverage. Why did viacom offer such a crappy deal compared to directv and many cable companies? Probably because they feel like they can push dish around.

I can't wait to feel the joy! :) Directivo here I come.

Don't let it sway you. Charlie just likes to play hardball. That's why the scrolling messages are being blocked. Dish will undoubtfully have the Viacom channels, what remains to be seen is just how long we will be without them. Personally I don't care for those channels at all, but I understand they're popular. In the end what we will end up with is a better contract and lower prices. I'm all for that.
 
J

jsheldon

Member
Sep 9, 2003
11
0
AppliedAggression said:
... Personally I don't care for those channels at all, but I understand they're popular. In the end what we will end up with is a better contract and lower prices. I'm all for that.

Exactly!

I applaud Echostar for taking a stand. Viacom is the one that is refusing to allow Dish to continue to air their programing at the existing rates while the negotiations continue.

I think it's also amazing that "internet lawyers" assert that what they think is fair to their own eye trumps a contract that, despite their protations, likely didn't even read when they signed.

Jerry
 
W

WLong

SatelliteGuys Pro
Supporting Founder
Jan 28, 2004
341
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I think it's also amazing that "internet lawyers" assert that what they think is fair to their own eye trumps a contract that, despite their protations, likely didn't even read when they signed.

Jerry

I think its amazing that such a concise statement was followed up by an assumption and a flame at folks you don't even know.

Bill
 
Geronimo

Geronimo

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Supporting Founder
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Sep 9, 2003
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All contracts contain the language "Programming subject to change."
 

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