bshelly
Premium
join:2002-02-17
Schaumburg, IL
clubs:
 ·VOIPo
·AT&T CallVantage
2 edits | Lawyers win, customers lose.
Aww crap! Here we go 
As with ALL class action suits, the lawyers are the only ones that win.
I don't really want this company to fail because of crap like this. My Xohm/Clear Mobile WiMax service is serving me very well. These customers signed a contract that they thoroughly read, right?
Well, I guess you can't fix stupid, but you sure can sue the hell out of anyone you want in America. |
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cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
| Don't like the terms, don't sign the contract
Aside from Clearwire not fullfiling the terms of the contract and crappy service, what grounds are people suing over for the EFT?
If you sign the contract, and YOU chose to move, how is that Clearwire's fault? I'm presuming the EFT is to recoup the price of acquisition, equipment costs, and/or promotional rates. If you leave by your own choice, Clearwire still had those costs that may not have been recouped.
Yes it is nice that other companies void the contract if you move. And apparently that's nice for other companies. But don't bitch and moan that it's unfair that you are stuck with a bill for something you agreed to. |
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Karl Bode
News Guy
join:2000-03-02
Host:
Road Runner
PC gaming GAMES
PC gaming Tech
| reply to bshelly
Re: Lawyers win, customers lose.
As with ALL class action suits, the lawyers are the only ones that win. Yeah! Stupid lawyers.
Though technically, the lawsuits against Sprint and Verizon originated thanks to tough consumer protection laws in Minnesota, and resulted not only in pro-rated ETFs, but thirty day money back guarantees as well as carriers no longer being able to extend the contracts silently every time a customer changed absolutely anything about their plan.
But yeah, other than that, stupid lawyers, useless lawsuits, etc. |
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boogi man
join:2001-11-13
Apo, AE
clubs:
 ·AT&T Southwest
 ·Clearwire Wireless
 ·Comcast
| it's okay
just because you moved somehow makes it okay for them to hit you? how about the one way sales goons? masquerading as customer service when all they are doing is selling. no service at all.
so everyone has a choice to move? every time? well there are things much more important than a connection in life. If customer moves to a new location and the service cant move with how is it legal to charge them? just because people pay it doesn't make it right or okay.
perhaps people wouldn't feel the need to sue if the companies were a bit more reasonable in their terms.
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my site |
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Hpower
Roflmao
join:2000-06-08
Glendale, CA
1 edit | lol
Yea I got a feeling the lawyers are going to win this one. Let's see what happens.
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The Internet is about to go down....it is actually. |
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bshelly
Premium
join:2002-02-17
Schaumburg, IL
clubs:
·VOIPo
·AT&T CallVantage
1 edit | reply to boogi man
Re: it's okay
The old pre-WiMax Clearwire equipment is different, you are getting fixed wireless installed at the location for which the contract is signed. There are equipment and installation costs that Clearwire can't just absorb if a customer does not fulfill their contractual obligation. With the fixed pre-WiMax service, Clearwire has every right to charge and NOT waive ETF's. I realize things do come up and people are forced to move, but how is that Clearwire's fault? It's not. The customer signs the contract committing to a set term and must pay up if they can't fulfill it.
Clearwire can justify the ETF since they probably have to pay employees or contractors to come out and uninstall the fixed wireless equipment when someone breaks their contract. That costs $$$. |
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boogi man
join:2001-11-13
Apo, AE
clubs:
·AT&T Southwest
·Clearwire Wireless
·Comcast
1 edit | so shit happens and ur screwed? it's one thing if they dont get equipment back in usable shape but come on. how about being reasonable?
i had the service now i may be doing an apples to oranges but mine wasn't portable it had to be plugged in and the service sucked.
edit: they didnt install anything. in fact once i had the thing home it took i want to say three days to provision. whats that all about?
they on the phone at least claim to be jsut like cable or dsl or even better except when it comes to turn in of equipment.
i did read the contract but it's been a while and i didnt then and dont now recall anything about once contract is up we will charge you first. then refund, once hardware shows up. which is what they told me. so i asked about local turn in to the guy i got it from to begin with claim its not possible etc.
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my site |
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ScottCA123456
@stancera.org | About time.
Long overdue! |
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Bit
Premium
join:2009-02-19
00000
·VOIPo
·Cox HSI
| ETF
It's one thing if you cancel for moving or you simply don't want the service, then I can see having to pay the agreed to ETF. But if the service sucked ass forcing you to go to another carrier then Clearwire is in breech of their agreement to provide the service and misrepresenting the service.
My DS1 ETF is $2000 with Megapath and if I cancelled as a result of substandard service I would certainly tell Megapath to pound sand and litigate if they think they'd get that ETF from me. |
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Bit
Premium
join:2009-02-19
00000
·VOIPo
·Cox HSI
| reply to cdru
Re: Don't like the terms, don't sign the contract
Can't provide the service, then don't sell the service. That logic goes both ways.
The grounds for suing over the ETF is that if Clearwire provides only sub-standard service then they aren't living up to their end of the deal...Clearwire, with an unusuable product is in breech of contract, voiding it. |
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bshelly
Premium
join:2002-02-17
Schaumburg, IL
clubs:
·VOIPo
·AT&T CallVantage
| reply to boogi man
Re: it's okay
If they cannot provide the service that was specified in the contract, then they should consider letting customers OOC for a reduced ETF as long as they get their equipment back. I'm not against working with the customer, especially if they aren't receiving the service at a level that was sold to them. That's different than just up and moving and expecting them to waive the ETF. The big cell phone companies can afford to do that, but not a much smaller company like Clearwire. |
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bshelly
Premium
join:2002-02-17
Schaumburg, IL
clubs:
1 edit | reply to Bit
Re: ETF
Bit, agreed. Perhaps affected customers could try working with the BBB or contact the State's Attorney General to try and find a resolution to the problem. Much better than suing which will not get customers anything worthwhile in the long run. |
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cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
| reply to Bit
Re: Don't like the terms, don't sign the contract
said by Bit  :The grounds for suing over the ETF is that if Clearwire provides only sub-standard service then they aren't living up to their end of the deal...Clearwire, with an unusuable product is in breech of contract, voiding it. If you reread my first sentence, I said aside from Clearwire not fullfilling the terms of the contract and crappy service. I agree that if they can't provide the service then there is a problem.
I did not read all 77 pages of the complaint. I have better things to do. But I did skim a few pages. That, plus Karl's summary mention one of the things that they were complaining about was that the contract wasn't being voided when people were moving to a non-covered area. To me, that isn't a reason that the provider legally should have to void the contract over. If they want to, great. But not legally forced to do. |
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boogi man
join:2001-11-13
Apo, AE
clubs:
·AT&T Southwest
·Clearwire Wireless
·Comcast
| reply to bshelly
Re: it's okay
im sorry because they are a smaller nationwide company they get a pass?
i realize that's not exactly what you meant but being as though i am a customer that they did dirty im a bit sensitive to them in particular.
truly that's what i would be and am after is for companies regardless of size to be reasonable
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my site |
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Bit
Premium
join:2009-02-19
00000 | reply to bshelly
Re: ETF
I don't know about these guys, but in my experience people don't just go hire lawyers at the drop of a hat. It's usually after they've given up trying to be reasonable or after they're sued (or have debt collectors after them) for the ETF. |
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boogi man
join:2001-11-13
Apo, AE
clubs:
·AT&T Southwest
·Clearwire Wireless
·Comcast
| reply to bshelly
the problem that i had was and is that they will not work with the customer. i really am not surprised at all that they are being sued.
im not much of one for litigation but in this case they have it coming.
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my site |
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Bit
Premium
join:2009-02-19
00000
·VOIPo
·Cox HSI
| reply to cdru
Re: Don't like the terms, don't sign the contract
I would agree. If they're moving, that is not Clearwire's fault and they should get the ETF. The only justification for Clearwire not getting the ETF is if Clearwire didn't live up to their end of the deal to provide decent service or obviously if the ETF wasn't in the agreement the subscribers agreed to (but I can't see that being possible).
If they're able to get out of the ETF for simply moving, what's next, building leases don't matter? "Hey I had to move". |
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DannyZ
Gentoo Fanboy
Premium
join:2003-01-29
Erie, PA
| reply to boogi man
Re: it's okay
So you are saying contract law should be discarded because it's not convenient to certain customers? If Clearwire holds up their end, why should they take the hit because a customer wants to break a contract they entered into willingly?
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Out the 10BaseT, through the modem, down the co-ax, over the fiber, across the backhaul, past the edge router, off the network...nothing but net |
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Sammer
join:2005-12-22
Canonsburg, PA
| reply to cdru
Re: Don't like the terms, don't sign the contract
said by cdru :But don't bitch and moan that it's unfair that you are stuck with a bill for something you agreed to. There wouldn't be so much bitching and moaning if the companies didn't write such one-sided contracts. They tend to reserve the right to change the terms of the contract so why shouldn't consumers also be allowed to. |
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Bit
Premium
join:2009-02-19
00000 | Your choice is not to sign it. |
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