Grace period?

[Almighty1]

Read the contract for the cancellation policy clause if it mentions anything about being able to do it without a Early Termination Fee but even if it doesn't have one, one has the right to cancel within 72 hours without any obligation which is federal law.

 

[Jim5506]

FTC Cooling off rule may not apply since the purchase was either made on-line or over the phone. Installation is not a part of the sale.

 

[ChadT41]

Read the contract for the cancellation policy clause if it mentions anything about being able to do it without a Early Termination Fee but even if it doesn't have one, one has the right to cancel within 72 hours without any obligation which is federal law.

This is sadly very mistaken.

 

[Juan]

This is sadly very mistaken.

Depends on the state..trust me

 

[Tampa8]

Read the contract for the cancellation policy clause if it mentions anything about being able to do it without a Early Termination Fee but even if it doesn't have one, one has the right to cancel within 72 hours without any obligation which is federal law.

This is sadly very mistaken.

And I see that misconception all the time. No such thing. There is a very narrow use of the cooling off period and many States have a very narrow cooling off period. Generally it only applies to door to door sales, sometimes sales at temporary locations and then not always, and sometimes for any Gym contract. That's about it and it does not apply at any time for internet sales or when you make the call.

 

[Almighty1]

FTC Cooling off rule may not apply since the purchase was either made on-line or over the phone. Installation is not a part of the sale.

Interesting, never knew what the exclusions were but I am sure the states have certain consumer protection laws too. In any case, the consumer for DISH has a 60 day warranty for installations per the signed installation.

 

[ChadT41]

Interesting, never knew what the exclusions were but I am sure the states have certain consumer protection laws too. In any case, the consumer for DISH has a 60 day warranty for installations per the signed installation.

That's just to have a tech come out. All tech visits have a 60 day warranty. That is not a grace period.

 

[Almighty1]

That's just to have a tech come out. All tech visits have a 60 day warranty. That is not a grace period.

Never said that was a grace period. Talking about 2 different things. The 72 hours was what I thought was a grace period but didn't know it doesn't apply to virtual not in person sales. I can see why they don't offer a grace period as they did provide the equipment on the outside which would be a loss to them if they did offer to do it without a ETF. Googling did have a unofficial response from someone that used to work for DISH that there is a 30 day return period without the ETF but it's your responsibility and expense to get all the equipment including outside back to DISH and whoever did the sales will not get their commission unless the customer has had service for atleast 90 days. That ofcourse is not official information so take it with two huge grains of salt.

Just saying that the OP should still call DISH and give them the 60 day warranty to fix the issues and if they don't, then other laws for consumer protection will step in depending on the state.

 

[Tampa8]

Interesting, never knew what the exclusions were but I am sure the states have certain consumer protection laws too. .

Not really this would fall under Contract Law. The protection would be if the purchase was not as described or not working substantially as it is intended. that isn't as easy to prove in Court as it might sound, and if it is that easy or obvious of a problem likely a reputable company already accommodated the buyer. But deciding not to honor the contract isn't covered in any State.

 

[ChadT41]

The system is working as designed, so there is nothing for them to "fix". They can upgrade for a better experience, but again, nothing to fix.

 

[Almighty1]

Not really this would fall under Contract Law. The protection would be if the purchase was not as described or not working substantially as it is intended. that isn't as easy to prove in Court as it might sound, and if it is that easy or obvious of a problem likely a reputable company already accommodated the buyer. But deciding not to honor the contract isn't covered in any State.

It all depends on the state and their requirements for the contract since if the contract does not meet certain requirements, then it would be a defective contract. You're right it is usually not as described or in good working order since in California, this would fall under the lemon law as far as good working order is concerned. Here is a list of California Protection when it comes to contracts:
Consumer Transactions With Statutory Contract Cancellation Rights - Consumer Wiki

 

[Almighty1]

The system is working as designed, so there is nothing for them to "fix". They can upgrade for a better experience, but again, nothing to fix.

That would depend on what was said during the sales process loading into the contract, we do not have enough info and unless it was in writing, it would be hard to prove in the court of law anyways and besides, it will probably cost the consumer more than the ETF cost so might as well just pay the ETF instead.

 

[comfortably_numb]

Is there a lawyer in the house?

 

[Almighty1]

Is there a lawyer in the house?

A lawyer wouldn't make a difference since it's still what is written on the signed contract which is the important element as that is black and white. Everything else is just a opinion. Besides, the 72 hour cooling off period point is moot anyways as the OP said they had it for a week so even if it was available, it's already too late. There are always ways to get out of the contract even with DISH with no ETFs but it might require lots of work and also you have to hit the right people who has the authority.

 

[boba]

I thought binding arbitration was now part of the 2 year contract.

 

[comfortably_numb]

A lawyer wouldn't make a difference since it's still what is written on the signed contract which is the important element as that is black and white. Everything else is just a opinion. Besides, the 72 hour cooling off period point is moot anyways as the OP said they had it for a week so even if it was available, it's already too late. There are always ways to get out of the contract even with DISH with no ETFs but it might require lots of work and also you have to hit the right people who has the authority.

I've had friends who have Prepaid Legal and were able to get out of contracts like these with a simple phone call or letter from an attorney. The cost for Dish to pursue a contract less than $500 is more expensive than dropping it all together. Just an hour of a Dish attorney's time likely costs them north of $350. My company has a firm on retainer and they cost $350 an hour and charge by the minute when you call them.

 

[comfortably_numb]

I thought binding arbitration was now part of the 2 year contract.

If that's the case, then yeah, he's pretty much screwed.

 

[Juan]

Not really this would fall under Contract Law. The protection would be if the purchase was not as described or not working substantially as it is intended. that isn't as easy to prove in Court as it might sound, and if it is that easy or obvious of a problem likely a reputable company already accommodated the buyer. But deciding not to honor the contract isn't covered in any State.

One sided contracts aren't worth the paper they are written on

 

[Juan]

The system is working as designed, so there is nothing for them to "fix". They can upgrade for a better experience, but again, nothing to fix.

It's funny how a csr can be a hardass but a supervisor melts like butter

 

[ChadT41]

It's not really that they melt. Honestly, after being in both positions, you just don't give a crap. And they have the authority not to give a crap. Reps do not.