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| reply to moonpuppy
Re: There's a reason it takes 7 minutes or less Moon,
Please read this carefully. When you sign a contract, you have every right to disagree with a clause. If they don't let you opt out, you can go elsewhere. However, I can't fathom them telling you no on their service, If they do, it's their loss. Still, I would take a wild guess ANY person saying they wish to opt out and sign up for the service will be taken. Care to give it a try? | |
| said by jc100:Moon, Please read this carefully. When you sign a contract, you have every right to disagree with a clause. If they don't let you opt out, you can go elsewhere. However, I can't fathom them telling you no on their service, If they do, it's their loss. Still, I would take a wild guess ANY person saying they wish to opt out and sign up for the service will be taken. Care to give it a try? Read what krk said.
To opt-out of a clause, you need to drop service.
Let me try and sign up for Comcast cable modem service and see if they let me drop some of their TOS sections that I don't like. Yeah, good luck with that. | |
1 edit | Not their tos moon. Just one part of it. My guess is they cannot lock you into such a change. Here's an example. The Tos for EVERY ISP says they have the right to change their agreement. They did not have to give those people a 30 day opt out on your basis. If that's true, then why did they? Obviously, something obligated them to do that. On the same token, I am sure new people can get afforded that same privilege. There must be something in the law that requires them to give anyone the ability to get out of that clause for a certain period. What other rationale would have prompted Comcast to let existing customers do it. Hence, one must think that new customers have to be afford this same luxury. I highly doubt the old ones were grandfathered in. After all, an ISP can change their agreement at any time. | |
| said by jc100:Not their tos moon. Just one part of it. My guess is they cannot lock you into such a change. Here's an example. The Tos for EVERY ISP says they have the right to change their agreement. They did not have to give those people a 30 day opt out on your basis. If that's true, then why did they? Obviously, something obligated them to do that. On the same token, I am sure new people can get afforded that same privilege. There must be something in the law that requires them to give anyone the ability to get out of that clause for a certain period. What other rationale would have prompted Comcast to let existing customers do it. Hence, one must think that new customers have to be afford this same luxury. I highly doubt the old ones were grandfathered in. After all, an ISP can change their agreement at any time. Ummm, Comcast immediately opted-in everyone to their new agreement (TOS) unless current users opted-out of the arbitration clause. For all new people, it's a take it or leave it attitude. As to why they did it in this case, it was because this is a case of taking away a BIG right of consumers (legal recourse through the courts.)
They can and do lock you into a change. It's not like I can sign up for service and say, "take out the no servers part of the agreement." Either it's no servers or find yourself another ISP.
And, yes, the ISP can change the agreement at any time. Your acceptance is your continued use of the service.
Try again. | |
 Camelot OnePremium,MVM
join:2001-11-21
Greenwood, IN
kudos:1 | Does it even matter? The courts have rules the arbitration requirements are not legal, so they aren't binding anyway. | |
1 edit | reply to moonpuppy
Moon,
First, they gave all customers a chance to opt out. If you did not opt out, then you are automatically considered as accepting the new rules. However, I said it before, and it still stands. Something obviously obligated this company to giving their customers this right. The question begs to differ now can people singing up get afforded this same time limit to opt out. Prove to me they cannot. If a person here has signed up recently let us know. My guess, is that if you bring up the issue, you can opt out in the same time period as those who were current members. Once again, there must be some law that forced them to allow members to not be a part of the arbitration clause. Still, if I stand corrected and you cannot opt out, I'd go elsewhere. Either way moon, get your facts right. This is not cut and dry. It's a tricky issue since state and federal laws apply here. | | |
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1 edit | said by jc100:Moon, First, they gave all customers a chance to opt out. If you did not opt out, then you are automatically considered as accepting the new rules. However, I said it before, and it still stands. Something obviously obligated this company to giving their customers this right. The question begs to differ now can people singing up get afforded this same time limit to opt out. Prove to me they cannot. If a person here has signed up recently let us know. My guess, is that if you bring up the issue, you can opt out in the same time period as those who were current members. Once again, there must be some law that forced them to allow members to not be a part of the arbitration clause. Still, if I stand corrected and you cannot opt out, I'd go elsewhere. Either way moon, get your facts right. This is not cut and dry. It's a tricky issue since state and federal laws apply here. Here is part of the Comcast's TOS. Read it carefully.
quote:
We may change our prices, fees, the Services and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior Notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the "Effective Date") of the change, we will consider that you have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
Keep trying. | |
2 edits | And yet, that proves nothing. Why? You have thirty days notice. So obviously, old customers had the notice and were given the chance to opt out. Hence, new customers would have to be afforded that same notice and luxury. I highly doubt Comcast grandfathered old customers for their health. I still bet state and federal laws forced them too, Therefore, my guess is new customers also have a 30 day window to opt out of that clause, even though that change is in place. It's kind of like those laws where you sign a contact and if service sucks, you can cancel before the 30 day period. I did that with my cell phone. Had Cingular, they sucked, canceled contract before 30 days were up. That's a federal law. | |
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