Ark
join:2002-06-08
Hudsonville, MI
1 edit | Legal? I don't see how that would be any less legal than those checks you get for $20 in the mail every single day that say 'By cashing this check, you agree to have your phone service switched to (some other company)' | |
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Mtav80
Premium
join:2002-12-28
Loveland, CO | Re: Legal? Legal or not it is funny.  | |
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Jason Levine
Premium
join:2001-07-13
USA
| Well, those checks aren't payment for services rendered. In that case, the check is a waiver of some entry fee. E.g. It costs $20 to sign up so here's a check for $20 and we'll sign you up when you cash it.
In the article's case, this is payment for services rendered. He's used their service for the last month and is being billed for it. He owes them a debt and must pay it up. He can't stipulate terms at this point. Would you eat a meal in a restaurant and try to haggle over the price when the bill comes?
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-Jason Levine
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| scomps
join:2001-06-05
Utica, NY
| Re: Legal? Don't most cable company's bill you ahead of the period? I know I got my May RR bill last week. If that's the case it's not for "services rendered" but more a payment for future services.
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Scott Johnson -- developer of MWall. Contact me for more information. | |
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Ark
join:2002-06-08
Hudsonville, MI
 ·AT&T Midwest
| Re: Legal? Yes, actually, most probably do. I know I was billed in advance for Comcrap's $60 basic cable (no internet) before I switched to Dish. 5 months after I disconnected, I got a refund check for $46 in the mail for a partial month refund. I had completely forgot all about that. That refund covers a month and a half of Dish service, which is also billed in advance. | |
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Ark
join:2002-06-08
Hudsonville, MI
·AT&T Midwest
| said by Jason Levine  :Well, those checks aren't payment for services rendered. In that case, the check is a waiver of some entry fee. E.g. It costs $20 to sign up so here's a check for $20 and we'll sign you up when you cash it. Well then just say the terms on the check are just for starting with the next upcoming billing cycle. I don't really see how this changes anything.
said by Jason Levine :In the article's case, this is payment for services rendered. He's used their service for the last month and is being billed for it. He owes them a debt and must pay it up. He can't stipulate terms at this point. Debt doesn't mean he cannot stipulate terms. I don't believe they are obligated to accept the payment if it has attached terms, but the fact that its debt is meaningless here. They can very well refuse payment and disconnect him. Any part of his little agreement that tries to say what they can do if they don't accept the payment is obviously a joke.
said by Jason Levine :Would you eat a meal in a restaurant and try to haggle over the price when the bill comes? If the meal or services was bad, perhaps I would. That is probably a lot more common in some other countries than we would guess here too. | |
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| thesus
join:2005-04-19
Erie, PA
| Actually most users pay for services on the next month, just like if you rent a house you pay for living there the next month, so if you look at it that way then yes it is leagal for him to make such claims, however if you look further down this
thread, yes, most ISP's do have clauses that after the initial
contract is signed that no new stipulations/changes can be ammended by the user, however it can be ammended by the ISP. BTW i do work for an ISP. | |
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| DiskDrive
Goin' In Circles
Premium
join:2004-11-03
Farmington, MI
| said by Jason Levine :In the article's case, this is payment for services rendered. He's used their service for the last month and is being billed for it. I agree that the text as stipulated is on shaky ground (especially the clauses for not accepting the payment). That said, in most cases, bills for things like telecommunications services (POTS, cell phones, cable TV, Internet services, etc.) are usually billed in advance of the service period they cover. Excess usage charges, long distance, PPV, etc. are often the only things billed in arrears. | |
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IronChefMoto
Premium
join:2001-02-08
Alpharetta, GA
| said by Jason Levine :Would you eat a meal in a restaurant and try to haggle over the price when the bill comes? If the soup tastes like the shit, you must aquit...me of my financial obligation to this restaurant. Chewbacca said so!
IronChefMorimoto
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Shuttle SK41G | Athlon XP 1800+ / Dell Latitude C810 | Intel PIII-M | |
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Kaltes
Premium
join:2002-12-04
Los Angeles, CA
| said by Jason Levine :Well, those checks aren't payment for services rendered. In that case, the check is a waiver of some entry fee. E.g. It costs $20 to sign up so here's a check for $20 and we'll sign you up when you cash it. In the article's case, this is payment for services rendered. He's used their service for the last month and is being billed for it. He owes them a debt and must pay it up. He can't stipulate terms at this point. Would you eat a meal in a restaurant and try to haggle over the price when the bill comes? #1. He is paying in advance, not after. Everyone bills in advance now. It would be very unusual to do anything else.
#2. He has the right to attempt to renegotiate the contract as a condition of payment. Businesses do this all the time. It leads to something in contract law called "the battle of the forms" where companies send eachother inconsistent contracts.
#3. The ISP has the right to refuse to accept his check and disconnect his service. If the ISP accepts his checks then they are bound to his terms in the same way you are bound to the TOS changes they include with your bill. | |
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TheHelpful1
Premium
join:2002-01-11
Upper Marlboro, MD
| said by Jason Levine : Would you eat a meal in a restaurant and try to haggle over the price when the bill comes? If the service was horrible, the waiter or waitress was rude, and there was a bug in the soup, who wouldn't complain about the price?
I.e. slow speeds, poor customer support and...lost packets?
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"My weakness is that I care too much" | |
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Re: Legal?