I signed up the Greatwall HD package last year and still have 12 month remaining period from 18 months contract. Somehow, I just received notice from "E" that due to cost reason, they can no longer offer Greatwall HD package and I have to add American top 100 from Feb.1,2007 if I want to keep Greatwall and HD programs. Is "E" violating the contract and what option I have. Your comments and advices would be appreciated.
Is "E" violating the contract?
- Thread starter madison
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But this is not to add or remove program. It is additional package on top of your existing one. At least, I believe I should be able to walk out the contract and switch to other carrier.
This is from there "Residential Customer Agreement" :
Looks like you have no choice but to live with it.
http://www.dishnetwork.com/content/aboutus/RCA/index.shtml
Looks like you have no choice but to live with it.
Thanks for the advices. At least I understood I have no obligation to that 18 month contract anymore because "E" terminated it. Hey, freedom of choice. If "D" really will have 100 National HD channels this year, I am happy to switch over.
I think some of you guys are too quick to fall back on that language agreement. If I understand, the poster is being told they must buy addional services in order to keep what they agreed to in the 18 month contract. I can tell you why he could win if he pushed it, and why Dish did it that way.
1. He could win in the end because no matter what the contract says. Most (Maybe all) states have overiding laws that prohibits exactly this. It would be seen as ending the "Understanding of both parties" as to what would reasonably be expected from the 18 Month contract. Could Dish tell you must buy the everything pack if they wanted to? Probably not.
(I am assuming he is being asked to pay for the top100 over and above what his contract price is)
2. The reason Dish is doing it this way, is they know to just raise the price (which they can do under the contract) is ok, but to raise it by that much would not be. I cannot think of the term, but again most states can determine when an increase in contract price is beyond what should be expected even if the contract says cost can rise. Could Dish tell you your cost is going up $29 a month and you must still honor your contract? The answer is probably no. So they are giving you service for the increase thinking that will work.
Look at it in reverse - you have the top100 with an 18 month agreement. Do you think Dish could tell you that to cover their costs, you must buy the GreatWall HD pack now also? Of course not.
It would come down to a court saying there was no meeting of the minds when the contract was signed because no reasonable person would assume that allowing costs to rise in an 18 month contract means you must buy additional programming and/or pay something like $29 more a month.
Don't fall for some of what companies try and say you have contracted for. The answer is Dish will have to let you out of your contract, with a refund if paid in advance.
1. He could win in the end because no matter what the contract says. Most (Maybe all) states have overiding laws that prohibits exactly this. It would be seen as ending the "Understanding of both parties" as to what would reasonably be expected from the 18 Month contract. Could Dish tell you must buy the everything pack if they wanted to? Probably not.
(I am assuming he is being asked to pay for the top100 over and above what his contract price is)
2. The reason Dish is doing it this way, is they know to just raise the price (which they can do under the contract) is ok, but to raise it by that much would not be. I cannot think of the term, but again most states can determine when an increase in contract price is beyond what should be expected even if the contract says cost can rise. Could Dish tell you your cost is going up $29 a month and you must still honor your contract? The answer is probably no. So they are giving you service for the increase thinking that will work.
Look at it in reverse - you have the top100 with an 18 month agreement. Do you think Dish could tell you that to cover their costs, you must buy the GreatWall HD pack now also? Of course not.
It would come down to a court saying there was no meeting of the minds when the contract was signed because no reasonable person would assume that allowing costs to rise in an 18 month contract means you must buy additional programming and/or pay something like $29 more a month.
Don't fall for some of what companies try and say you have contracted for. The answer is Dish will have to let you out of your contract, with a refund if paid in advance.
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You might be right....if DISH didn't have alternative packages for him to fall back on. Nevermind the fact that the alternate package doesn't have the desired programming, but there is an alternative. Courts intervene where the customer has no alternative or has been wronged, not when the customer has an alternative, but doesn't like it. The fine print on all DISH contracts state discontinuation of service or modification of programming is at E*'s sole discretion. Aren't disclaimers the best?
I agree that is the postion Dish will take, but I disagree that it will necessarily fly if brought to Court. They would have a better postion if the HD GreatWall package were being put in the top100.
Say you get channels X Y & Z in the Top100. (jn an 18 month contract) Dish removes them from there and you can only get channels X Y & Z in the Top200. That would be a true alternative, and I would say is covered by the disclaimers. You are not being told you must subscribe to another package, it is your choice. Yes you are getting less, but that is covered by the disclaimer.
But now say you get the Top100, (in an 18 month contract) and are told you must subscribe to the GreatWall HD package now also "due to the cost" of supplying the Top100. You have no interest in that package but must pay for it. In small claims court anyway, that could be considered more than a reasonable person would expect in a change to the contract, even with all the disclaimers. If Dish specifically said you may be subject to purchasing any package they determine in addition to what you signed up for, at anytime, then perhaps Dish would win out.
This is no different than Dish raising a package price beyond what is reasonable. There is no doubt in my mind, if Dish said tomorrow they are raising all packages by $29.00, anyone with a contract would be released from it by a Court. It simply is not a reasonable understanding of the contract. The Court would look to Direct TV and probably Cable, see their price increase of a few dollars, and Dish would lose.
By the logic that Dish can do anything based on their disclaimers, tomorrow you could be told you must subscribe to all the movie channels for anyone who gets any package, even if you are one day into your 18 month contract. Not reasonable in Court.
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NNNNNNNNNOOOOOOOOOOOOOOOOOOOO Don't call a CSR, I'm serious on that. they will just give you the run around. email to ceo@echostar.com
if they don't let you out, then you have 2 options, 1, sue them like everybody else in the world seems to be doing lately, or go to your state attenortey general, File a complaint with BBB, do whatever you can.
I wouldn't do anything at the moment, let them shut off your programming first or raise your rates before you start to call and complain. You might just get grandfathered in.
For example, I know of 1 customer of mine who still has Dishpix. Its a little old lady and in her package she was able to pick 10 channels for $15/mo. As long as her bill is paid, she keeps the package!
I know another customer who pays $29.00/mo and only has the new HD Package, again as long as the bill is paid he keeps the package
For example, I know of 1 customer of mine who still has Dishpix. Its a little old lady and in her package she was able to pick 10 channels for $15/mo. As long as her bill is paid, she keeps the package!
I know another customer who pays $29.00/mo and only has the new HD Package, again as long as the bill is paid he keeps the package
I also agree - I would wait and see if they really make any changes to your account. At that time based on what the changes end up being you can decide what to do. If you have received a notice telling you about these changes, I would send an email to the CEO email address however letting them know you do not agree with the contract change, and (assuming this is what you want) say you would rather end the contract and owe nothing more. I say this so there is no way Dish can say you have agreed to the changes by you saying nothing after receiving the notice.
Definately keep us posted on this!
Definately keep us posted on this!
Finally I got a call from "E" Executive office last night and saying my Greatwall HD would remain as it is, which means I don't need to get American Top 100 in order to get HD package. I believe they figured out if they terminate the contract, I may downgrade the package or switch to other provider (like "D").
Madison, did you have one of the metal packages before? I was forced to get the Bronze when I upgrade from GW to GW+HD (CSR said only way to get HD is to get one of the metal packages). Now since HD can be had as an add-on, I'm thinking of getting rid of the AT100 part (I don't watch them anyways) but the CSR said "no can do"
Good news, not a totally unexpected response as I maintain they would have been breaking the contract. But hey, some just go along because they believe the contract allows Dish to do anything,and then Dish will do anything!
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