HR20 Lease/Own dispute

[Brewer4]

Vurbano, well the good thing is you have something to always be angry about. Directv may correct and display HD at full rez now but at least you have their leasing practice to complain about. How is that class action lawsuit that you sponsoring going?

 

[jep8821]

First, Directv is not using any common sense. By not making people sign a lease contract at places like Best buy, Directv HAS NO Legal ground to stand on. If you fight this in court, I think you will win. As far seeing it on your statement from Directv. Guy's it will not say anything about leased equipment on your bill. You must have at least 2 recievers for it to mention leasing. You cannot expect a person to go into Bestbuy and think they are just leasing something and not buying it. The fact is that he didn't sign anything therefore he can't be held to a lease contract. That is Business Law 101 folks. I am not a lawyer but I did talk Business Law in college. I dare any of you to name any other product other than Directv recievers that are leased at Best Buy.

Thanks.

 

[riffjim4069]

My advice? Just return the stupid HR20 since it's worthless to you at this point and be done with it. You'll save yourself a lot of stress and aggrivation over nothing since it's a lease and there is nothing you can do about it.

My advice would be for this individual to return the unit only after being refunded his purchase price...er, lease fee from D* or BB. If that doesn't work, he may wish to dispute this matter with his credit card company. If that still doesn't work, daily calls into D* will eventually do the trick.

 

[iwc5893]

Bottom line is this: the unit is leased.

D* has gone to putting stickers on the boxes that say it is a leased unit precisely because of this issue. It was BB responsibility to inform you of the terms of the lease, because D* has no idea who is getting their equipment from retailers until the customer goes to activate.

Your issue is with BB, and not D*. If you don't want to return the unit, D* can't make you. What they will do is send the bill for the full retail amount to collections, which will affect your credit rating.

If you take it to court, all D* has to say is that they were unaware that BB was not informing the customers they were paying the upfront lease fee, and once they were made aware of it they took steps to correct it.

 

[bonscott87]

I see bonscott is his usual self. If it was a lease then Best buy should have advertised it as such. IMO the cost should be theirs to eat not his.

I agree. But one only has to actually look at their first bill to see the lease fee on it. I think that would be a clue? People need to take a bit more responsibility for their actions, purchases and life instead of blaming the big bad corporations all the time. JMHO.

 

[iceturkee]

First, Directv is not using any common sense. By not making people sign a lease contract at places like Best buy, Directv HAS NO Legal ground to stand on. If you fight this in court, I think you will win. As far seeing it on your statement from Directv. Guy's it will not say anything about leased equipment on your bill. You must have at least 2 recievers for it to mention leasing. You cannot expect a person to go into Bestbuy and think they are just leasing something and not buying it. The fact is that he didn't sign anything therefore he can't be held to a lease contract. That is Business Law 101 folks. I am not a lawyer but I did talk Business Law in college. I dare any of you to name any other product other than Directv recievers that are leased at Best Buy.

Thanks.

news flash....i have 2 hr20's and an h20 and i didn't sign nary a lease agreement. i certainly understood at the time as i do now, the equipment is leased. truthfully, the consumer should always be educated before making a purchase for this very reason. so bottom line here, the op must take some responsibility in this decision.

 

[harshness]

But one only has to actually look at their first bill to see the lease fee on it.

Alas, by the time that you get a bill, you've activated the receiver and aren't allowed to return it to a retail establishment.

I would imagine that there is some sort of remedy that won't need a lawsuit to turn up.

DIRECTV is at least partially responsible for who they authorize to pimp and install their equipment. I would suggest that they help out the customers who were "mislead" to reach some sort of mutually satisfactory solution.

It is notable that Crutchfield still doesn't make any mention of the HR20 receivers they offer as being anything other than an outright purchase.

 

[JAG72]

When you purchase a receiver from BB you also sign an agreement at the cash register. I am wondering if that is what tells you about the lease agreement. The problem with this is that many people don't read it because they are in a hurry to leave the store.

 

[jep8821]

I am so sick of some of you not knowing anything about the law. IT IS NOT THE RESPONSIBILTY OF THE BUYER. HE HAS NONE!!!!! It is Directv's responsibilty to get a SIGNED CONTRACT. They didn't. The only thing Best Buy has you sign is your credit card receipt which has nothing to do with Directv. Best Buy is AUTHORIZED RESELLER of Directv. Directv can't claim anything without a signed contract. Without it, Directv can't win. Why is that that you think Cell phone company's have you sign a contract or have you agree to it when you call to activate. I just dealt with Cingular a couple of months ago. They failed to have me sign a contract and failed to have me agree to it through the phone. Because of that, they were forced to cancel my contract with no penaty. If the Directv lease issue went to court, the first thing out of the judges mouth is where is the signed contract. Directv Lawyer says we don't have one. Judge laughes at Directv and 2 seconds later the judge rules against Directv.

 

[JAG72]

I am so sick of some of you not knowing anything about the law. IT IS NOT THE RESPONSIBILTY OF THE BUYER. HE HAS NONE!!!!! It is Directv's responsibilty to get a SIGNED CONTRACT. They didn't. The only thing Best Buy has you sign is your credit card receipt which has nothing to do with Directv. Best Buy is AUTHORIZED RESELLER of Directv. Directv can't claim anything without a signed contract. Without it, Directv can't win. Why is that that you think Cell phone company's have you sign a contract or have you agree to it when you call to activate. I just dealt with Cingular a couple of months ago. They failed to have me sign a contract and failed to have me agree to it through the phone. Because of that, they were forced to cancel my contract with no penaty. If the Directv lease issue went to court, the first thing out of the judges mouth is where is the signed contract. Directv Lawyer says we don't have one. Judge laughes at Directv and 2 seconds later the judge rules against Directv.

NOT TRUE. They have you sign an agreement with D* prior to running your credit card or taking any payment.

 

[jep8821]

Jag72. It is true. I am almost willing to bet you money on it. Go to Best Buy tonight or tommorow. Grab one off the shelf and take it to the register up front and try it. I know I did it with an R15 a few months ago.

 

[JAG72]

Jag72. It is true. I will bet you money on it. Go to Best Buy tonight or tommorow. Grab one of the shelf and take it to the register up front and try it.

I bought an R15 Monday. I signed an agreement prior to making payment. Do you still want to bet money?

 

[jep8821]

I bought an R15 Monday. I signed an agreement prior to making payment. Do you still want to bet money?

I modified my post right as you were responding. However, you may have just proved my point. That Directv finally realized that they have to have a signed contract for the lease agreeement to hold up. If at the time the orignal poster bought his reciever, he didn't sign an agreement, then Directv can't win in court.

 

[JAG72]

If at the time the orignal poster bought his reciever, he didn't sign an agreement, then Directv can't win in court.

Agreed.

 

[chazcbh]

So there are a couple of things you can do Pay the $400 and keep something you can't use. Send it back and pay nothing. Hire a lawyer and spend thousands. Seems like an easy choice to me.

What did they say when you activated the receiver? How may receivers do you have and how long have you been a DTV customer?

 

[Jimbo]

First, Directv is not using any common sense. By not making people sign a lease contract at places like Best buy, Directv HAS NO Legal ground to stand on. If you fight this in court, I think you will win. As far seeing it on your statement from Directv. Guy's it will not say anything about leased equipment on your bill. You must have at least 2 recievers for it to mention leasing. You cannot expect a person to go into Bestbuy and think they are just leasing something and not buying it. The fact is that he didn't sign anything therefore he can't be held to a lease contract. That is Business Law 101 folks. I am not a lawyer but I did talk Business Law in college. I dare any of you to name any other product other than Directv recievers that are leased at Best Buy.

Thanks.

You don't get your programming until you call into D* therefore there is nothing to sign .... It's probably not legally a lease until you agree to the programming ....

I do not agree with the practice either, I have always wanted to OWN my equipment, until now.
I would maybe have 1 HR20 instead of the two I have and another rec as well if I had to buy each of them at full price... the HR20-700,-100 would go for approx $ 800 if bought outright.

Jimbo

 

[bonscott87]

I am so sick of some of you not knowing anything about the law. IT IS NOT THE RESPONSIBILTY OF THE BUYER. HE HAS NONE!!!!!

Sorry, but the buyer has one big responsibility. And that is to be informed. I hate that society now expects us to have our mommies hold our hands so we don't get hurt buying something we didn't research well enough and don't get taken advantage of.

Oh well, that's the world we live in. If we don't use common sense, sue 'em!

Anyway, this thread has gotten off topic. As someone just posted above the OP has 3 choices:
1) Pay $400 fee to own it
2) Send it back for no charge
3) Hire a lawyer for thousands

Your choice.

 

[iwc5893]

Even if you could win the court case, and get D* to let you have the receiver, you must still return the access card to D*. Without the Access Card, the receiver is a paperweight. You can't access your saved programs on it, so it is useless. I just tried this on my R15 and was unable to access anything except the error message that says to insert a valid access card.

From the wrapper on the access card (which counts as a software license - you open it, you agree to it) with emphasis added:

License Agreement

Please read this license agreement carefully before removing the access card from this sealed package.

By removing or allowing an Access Card to be removed from this sealed package, you agree to be bound by the terms of this license. If you do not agree to the terms of this license, do not remove the Access Card from this sealed package. Promptly return the Access Card to DirecTV (or the place you obtained it) and return any related equipment to the place you obtained it under the conditions specified by the seller of such equipment. If you do agree to the terms of this license, the terms of this license will be incorporated into your DirecTV Customer Agreement.

The software that is part of the Access Card (including software distributed under license from DirecTV's suppliers, collectively, "Software") is provided for your use only under the terms of this license. DirecTV retains ownership of the Access Card and DirecTV and its suppliers retain ownership of the Software and any copies or derivatives. DirecTV reserves any right not expressly granted to you under the terms of this license. You accept responsibility for complying with all the terms of this license and acknowledge that, if you fail to comply with the terms of this license, DirecTV shall be entitled to certain remedies, including but not limited to injunctive relief, the immediate return of any Access Cards in your possession to DirecTV, the right to enjoin any attempt to sell or otherwise transfer any Access Card, including by canceling Internet auctions, and the right to seek removal of any Internet web sites or other displays or advertisements of the Access Card or Software, as well as other remedies available under law.

License. You are granted a limited, non-exclusive license to use the Access Card and Software only in their original condition as supplied by DirecTV, without modification in any manner, and only in the normal and intended manner by inserting the Access Card into a DirecTV authorized receiver to receive only DirecTV programming subject to a valid subscription for such programming with DirecTV or its authorized provider. This license will terminate immediately without notice if you fail to comply with any of its provisions or make any other use of the Access Card or Software, and the Access Card must be returned promptly to DirecTV. The Access Card and Software may only be used in the United States.

...

 

[Jimbo]

Even if you could win the court case, and get D* to let you have the receiver, you must still return the access card to D*. Without the Access Card, the receiver is a paperweight. You can't access your saved programs on it, so it is useless. I just tried this on my R15 and was unable to access anything except the error message that says to insert a valid access card.

From the wrapper on the access card (which counts as a software license - you open it, you agree to it) with emphasis added:

Good find :up
edit: Well, I meant the License Agreement, for some reason it didn't go with the rest of the post.

Jimbo

 

[iwc5893]

Sorry for the rambling, but I was trying to use the License Agreement to support the point that even if the OP does get to keep the HR20, it is useless without the Access Card, which he will have to return.

I actually typed in the License Agreement from one I had around the house.