HD issue from a new customers perspective

[vegas-steven]

Hi,

I am new here... But i wanted to thank you all for being so cool when i posted the first time.

Anyhow, i am a new customer.

When i called into Directv on 9/18, I wanted info on pricing. I figured that the standard HD Channels that my cable company offers (discovery HD theatre, espn1/2, Mojo, MHD, Stars/HBO, TNT, Locals) would be all that directv would offer... And i was OK with this when i went into the call.

The rep found out that i wanted more HD when i asked if they would have more channels than Dish eventually, and when i said that, he said that Directv would offer 30 more channels the next day... He listed some of the best HD line up i had ever heard of, with channels like FoodNetwork, CNN, Animal planet, VS, and even History network and Nat. Geographic.

I told the rep that my cable co was adding A&E, Nat. Geo. and Animal planet for sure this month, and he bragged about "over 100 channels by jan 1, 2008"

He was a good sales person, and i was excited and confident enough to order my system and book the installation.

Went onto directv.com and did not see anything about the channels. Google news pointed me to tvpredictions and then tvpredictions referenced this page, where i learned the truth about directv and their not so great track record for real rollouts on dates promised.

Well my point is that they sold me on something that doesnt exist. A fake product in my opinion. When most people representing a billion dollar operation make a promise, they are told so by higher up people who actually have a clue about what is going on...

But from a new customer point of view, i have considered just keeping my cable a few times now.

I will give dtv a shot, but if they do not roll out some product soon, can i cancel without consequence? I mean, not delivering is a real reason to say breach of contract, isnt it?

what do you think? I am not familiar with satellite, so i dont know what certain signal strengths etc mean, you guys talk about it, and so it must be a launch soon, right?

shed some light please.

 

[Scott Greczkowski]

I think you can rest easy.

While I don't think that DirecTV will have 100 HD channels by the end of the year (which is why they say "up to") the new HD channels will be coming.

From what I am hearing 10 - 20 of them could be available to us by this time next week.

 

[HDhysteria]

i believe you have 30 days to cancel,,, so by 10/17 or so, you should have a better understanding of what they are rolling out

 

[Mr. Kennedy]

Hi,

I am new here... But i wanted to thank you all for being so cool when i posted the first time.

Anyhow, i am a new customer.

(SNIP)

Well my point is that they sold me on something that doesnt exist.

Okay, a few points:

The satellite has already been launched, put into orbit and is sending signals. It's a matter of hours or days until HD channels roll out. If they have already done the install and you paid anything for equipment or installation , you may be out of the money regardless if you cancel depending on if you are past your three days.

I don't see why you would cancel within days of the service being launched. Even if it's the middle of October (and I'm not saying it will be), D* is going to have plenty of HD. More than any other provider.

It sucks you were mislead, but D* has *never* promised a date other than by the end of September. That person you spoke to on the phone was more than likely a subcontracted CSR doing work for D*.

But yes, you have 30 days to cancel. You'll be out any upfront money for the equipment or installation, but you can cancel. After 30 days, you'll have to pay an early termination fee around $300.

My suggestion? Wait and see what happens the next week or so.

 

[vegas-steven]

right...

but the main point being that i dont want another cable co. experience with dtv. mainly, i am sick of my cable company having zero clue about what is happening. they do not know what the heck is going on, and i guess the same can be said about any large company though.

i am glad to hear i have the 3 days/30 days period, because they of course make it sound alot more dire than that.

another question:

what about all these dish network people. any weight to what they say about their HD being better picture etc? seems strange to me that one company would offer a lesser product with something as competetive as satellite.

HD lite will be a thing of the past when the new Mpeg4 stream comes in i am told... hope that is right.

thanks

 

[Mr. Kennedy]

I had E* HD before switching and honestly, I can't tell a difference. If you put them side by side, you might notice a difference one way or the other, but ultimately it comes down to your TV, IMO.

 

[sprintcarcrazy]

Guess you should have checked closer, Dish has been offering those channels you mentioned for quite some time ! And the 622 DVR is a much better product than the Direct DVR. MPEG4, they have been doing that for a while too !

Direct will get there too, and maybe for a short time, even pass Dish ! I just am surprised all these people jumped on the false advertising they have done for a year ! While you all have been waiting and waiting, I have been pushing the buttons on the remote, watching and watching !

 

[LonghornXP]

I've talked with so many lawyers about this that I'm close to blue in the face but I think I'll shed some info on "your" rights. First to enforce nearly all of these rights you would need to sue DirecTV in small claims court for a breach of contract. In my experience most companies would accept the return of hardware instead of paying 300 bucks an hour for a lawyer. Now small claims court always has a risk involved and that risk is losing and having to pay all court costs both you and the company spent. This is why we hear so little about being going after companies in small claims court.

So with that out of the way this is what I've been told by a few lawyers.

1. First the only way to get hardware refunded is via a breach of contract. So if a CSR said they would have all of these HD channels available on a specific date and they don't have them available you have the legal right to get out of the contract "and" get a refund on hardware. Companies always do many things that aren't always legal but they can do them all they want "until" somebody takes them to court and sets a presidence.

Because your leasing the box from DirecTV and they will require you send it back this is why your required by law to get a refund under a breach of contract.

I've also been told that for stores that have a money back promise like Circuit City that if you bought the box from Circuit City you have the legal right to return the box to Circuit City and get the refund from Circuit City within the timeframe set forth in the Circuit City money back terms.

Again nearly all of this applies only if DirecTV breached the contract with you and in most states you can agree both to a written "and" a verbal contract and both can be enforced in the court of law.

So when you call the toll free number for DirecTV and speak with a DirecTV customer service rep at this specific time that person is making a verbal contract with you "if" they say anything that they claim as fact and not a future could happen.

So when the rep gives you a date of say September 19th, 2007 that is an implied factual date given by a DirecTV employee and as such that is creating a verbal contract between "you" and DirecTV that additional HD channels would be added on September 19th, 2007. Now all companies are allowed a specific delay timeframe you must give them but after that time if the channels aren't available yet than DirecTV broke a verbal contract with you.

You paid that upfront money with the sole intention of getting the services offered both in the written and verbal contracts between you and DirecTV. This is why so many companies would rather say nothing at all as DirecTV has seemed to do. Now if DirecTV loses the verbal breach of contract they as in DirecTV can sue and charge the employee in question for giving information not authorized by DirecTV though.

As with anything your always best to try dealing with it directly with the company in question. If that doesn't work the next step is using the BBB, state consumer protection and/or radio stations on your side type programs. Going to court should "always" be the last step you try.

 

[iwc5893]

A couple of points, though.

When you sign the Lease Agreement, you are bound by those terms under contract law. Nowhere in the Lease does it say you have the right to cancel in the first 30 days without penalty. In addition, by signing the Lease, you are agreeing to Binding Arbitration.

IANAL and YMMV, but it is something to think about.

 

[vegas-steven]

i dont believe that any contract in this country would take all the rights away from the consumer and give the consumer no time to reconsider.

even timeshare contracts (my business) have a 3-5 day period to back out... and some states even have a time when you can get out of a fitness club membership.

btw - seems to me people are happy enough with service, so all is well and good i suppose.

what about that guy in LA sued them based on HD and HD Lite. A little extreme you think?
Can there really be that much a difference between the picture? Is this guy just lawsuit happy?

that HD lite thing scared the heck out of me personally, until someone explained that it can and does change on every provider, and that for the most part DTV is as good as anyone else.

 

[LonghornXP]

A couple of points, though.

When you sign the Lease Agreement, you are bound by those terms under contract law. Nowhere in the Lease does it say you have the right to cancel in the first 30 days without penalty. In addition, by signing the Lease, you are agreeing to Binding Arbitration.

IANAL and YMMV, but it is something to think about.

First your "never" bound by any terms in a contract "if" you can prove the terms were not valid under contract law. Also you "always" have the right to sue in court even if the contract says you cannot and must settle under Binding Arbitration. I'm sorry but just because you sign what is considered a legal contract doesn't make it a fully legal contract.

I can tell you about quite a few things in that DirecTV lease contract that can be contested "and" won in court but until its won in court we cannot do anything about it. Also Comcast put a notice out about Binding Arbitration and last I checked a few states such as NY are saying its not legal which blows your idea right out of the water.

Going by your logic it seems that a company could force their employees to sign new independent contracts with massive pay and benefit cuts with tons of requirements that aren't legal under an IC contract. Well last time I checked just because an employee signed it they can contest it on "two" different grounds.

1. Requirements of what an employee must do (ie IC treated as an employee and not an IC).

2. Employee forced to sign contract under stress (ie sign IC or lose your job).

Again all contracts that we sign "can always" be contested in court no matter what the contract says. Just because you sign it doesn't mean your accepting the terms "if" those terms aren't legal. Again it all comes down to proving the contract wasn't legal and/or valid in a court of law.

Edit....Here is the ruling information about Binding Arbitration with regards to Comcast and the same also applies with DirecTV. Yes it can still remain in the DirecTV contract but that doesn't mean the contract cannot be contested and won.

http://www.dslreports.com/shownews/Comcast-Cant-Erode-Your-Legal-Rights-With-Fine-Print-87357

 

[Juan]

First your "never" bound by any terms in a contract "if" you can prove the terms were not valid under contract law. Also you "always" have the right to sue in court even if the contract says you cannot and must settle under Binding Arbitration. I'm sorry but just because you sign what is considered a legal contract doesn't make it a fully legal contract.

I can tell you about quite a few things in that DirecTV lease contract that can be contested "and" won in court but until its won in court we cannot do anything about it. Also Comcast put a notice out about Binding Arbitration and last I checked a few states such as NY are saying its not legal which blows your idea right out of the water.

Going by your logic it seems that a company could force their employees to sign new independent contracts with massive pay and benefit cuts with tons of requirements that aren't legal under an IC contract. Well last time I checked just because an employee signed it they can contest it on "two" different grounds.

1. Requirements of what an employee must do (ie IC treated as an employee and not an IC).

2. Employee forced to sign contract under stress (ie sign IC or lose your job).

Again all contracts that we sign "can always" be contested in court no matter what the contract says. Just because you sign it doesn't mean your accepting the terms "if" those terms aren't legal. Again it all comes down to proving the contract wasn't legal and/or valid in a court of law.

Edit....Here is the ruling information about Binding Arbitration with regards to Comcast and the same also applies with DirecTV. Yes it can still remain in the DirecTV contract but that doesn't mean the contract cannot be contested and won.

http://www.dslreports.com/shownews/Comcast-Cant-Erode-Your-Legal-Rights-With-Fine-Print-87357

But the truth of the matter is that it will cost you more in Lawyers fees and court costs to break the contract than just buying out your commitment from d*

 

[LonghornXP]

But the truth of the matter is that it will cost you more in Lawyers fees and court costs to break the contract than just buying out your commitment from d*

Not if you win the case but yes if you lost the case you will pay far more. I'm just making the point that no contract in this country can't be contested and made void. I never said it would be free, cheap or in the persons interest considering the benefit to loss ratio. Not that I'm saying anybody in this thread said this but just making things clear.

 

[Hemi 6.1]

Not if you win the case but yes if you lost the case you will pay far more. I'm just making the point that no contract in this country can't be contested and made void. I never said it would be free, cheap or in the persons interest considering the benefit to loss ratio. Not that I'm saying anybody in this thread said this but just making things clear.

They charge your Credit card 6 days after the Date you terminate your service. How do you stop that? Bottom line its going to cost Time and money,better off just paying whats owed.for $300 max,I wouldn't take the Day off work to set up a court date.

 

[HD#1]

Why are we all against D*, talking about taking them to court? C'Mon it is just TV worst case we can still watch the SD version of the exact same program. D*has the new channels posted on their website, so that means we are eventually going to have them. I think we should just stop talking BS about D* they are doing the best they can, and lets not forget there human beings, every human makes mistakes no one is perfect. So what my point is just wait it will be worth it at the end.

 

[LonghornXP]

Why are we all against D*, talking about taking them to court? C'Mon it is just TV worst case we can still watch the SD version of the exact same program. D*has the new channels posted on their website, so that means we are eventually going to have them. I think we should just stop talking BS about D* they are doing the best they can, and lets not forget there human beings, every human makes mistakes no one is perfect. So what my point is just wait it will be worth it at the end.

I was just answering specific questions is all. All questions aside I'm with you 100% and if I'm that worried about having a large cash investment I'd just hold off until the channels were available at least that is the smart move. With your post and mine in mind I believe that no more can be said in this thread without the chance for fighting and as such I'm going to close the thread. HD#1 you won the award for best post of the thread too.:up