Sue your ISP, is it possible?

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SystemsGO

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#1 SystemsGO
Member since 2011 • 1285 Posts

I've been battling with my ISP for over 6 months now regarding a latency issue in my area. I had previously written up a super long detailed post regarding my current situation. My Internet serivce was uncooperative(how ironic), so now I am going to condense it for you guys.

The name of the company is Windstream Communications. The Internet service is DSL, and I pay for 3.0 mbps $60.00\mo, I definitely don't receive anywhere close to that. I'll start from the beginning here, brace yourselves.

The DSL service performed as advertised at 3.0mbps for a year solid. Since then, it has been the most abysmal service I've ever had, and with no other alternatives in the area. Right now, I get on a good day 0.24\mbps. It really gets no better than that. The reason this is concerning to me is because the company falsely claimed that I am guaranteed half the speed that I pay, and they also falsely claimed that it would be my own dedicated connection and that I wouldn't have to worry about sharing a connection with other people in the area, such as a cable user would. Which, working for a different Internet company in the past I immediately knew it was garbage, and untrue for the most part.

Over 6 months ago I noticed the Internet going incredibly slow, we had a technician come out. He claimed there was no problem and that everything was fine. I stepped in, told him that's wrong and that I could guarantee that they over sold and over utilized the DSLAM. He goes down there, checks everything out comes back and tells me I'm right and that they would fix the issue. I called customer support to verify that he submitted a work order for my area, and they give me an estimated date to fix the issue several months away Decemember 31st, 2012. That day has obviously come and go with no resolution to my problem. They then pushed the date back further in January, then to June 2013, and now the inevitable no timeline on when the issue will be resolved. In other words, "You have to deal it". I think that's unacceptable, and I think it's unethical. I'm basically paying $60.00 a month for dial up, and in most cases less than dial up capable speeds. I've continuously called and pestered them about the issue. They give me the most asinine reasons as to why it's not fixed such as "The technicians don't have the equipment to fix the issue", How can a company not have the equipment to fix their own equipment, sounds like a corporate issue? So I called corporate, no dice. I get excuses such as "they're working on it" "They're installing fiber in your area(they're not actually), and it's not "cost effective for us to fix it right now" WELL, it's not cost effective for ME to pay $60.00\mo for dial up Internet service. But they know there is no other alternative in the area, so basically I have to take it. I've done research regarding the company and this is their apparent mo. Their buisness model seems to be to oversell and overutilized the DSLAM and then offer no resolution based on cost. DSLreports.com has reviews of this company doing the same thign to nearly 285 others who have reviewed the company. The details are exactly the same for the others, right down to a T, same excuses, same problems, etc and no resolution.

I intend on contacting the Better Business Bureau, The depatment of consumer affiars, and taking them to small claims court.

Has anyone else sued their ISP, did anyone have any luck with doing so?

Check out my super fast $60.00\monhtly Internet service. No, you're not reading that wrong. I should be hearing fax machine noises when connecting to the Internet, but I don't amazingly.

Check out their reviews on DSL reports.comhttp://www.dslreports.com/comments/1596Everyone has the same issues. Oh yeah, I forgot to mention now when I call customer support I am laughed at, mocked( asin they're copying my exact tone of voice, etc), and hung up on routinely.

pwned

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chessmaster1989

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#2 chessmaster1989
Member since 2008 • 30203 Posts
You pay $60/mth for 3mbps? wtf
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SystemsGO

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#3 SystemsGO
Member since 2011 • 1285 Posts

You pay $60/mth for 3mbps? wtfchessmaster1989

Yeah, it was originally 39.00\mo, the price went up.

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chessmaster1989

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#4 chessmaster1989
Member since 2008 • 30203 Posts

[QUOTE="chessmaster1989"]You pay $60/mth for 3mbps? wtfSystemsGO

Yeah, it was originally 39.00\mo, the price went up.

Christ, I pay about the same for 30mbps.
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Fightingfan

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#5 Fightingfan
Member since 2010 • 38011 Posts
I would never sue my ISP. they know all the freaky sh-- I google, and look at.
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SystemsGO

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#6 SystemsGO
Member since 2011 • 1285 Posts

I would never sue my ISP. they know all the freaky sh-- I google, and look at. Fightingfan

They can't do anything about that. They can't throttle your speed for being a freak and in a matter involving them not delivering I think that would insubstantial and irrelevant. That's not even to mention I'm not the sole Internt user, and cannot control what others are view, or that I'm even aware they're looking at these types of things.

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SystemsGO

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#7 SystemsGO
Member since 2011 • 1285 Posts

[QUOTE="SystemsGO"]

[QUOTE="chessmaster1989"]You pay $60/mth for 3mbps? wtfchessmaster1989

Yeah, it was originally 39.00\mo, the price went up.

Christ, I pay about the same for 30mbps.

Well, we have no other options and they're well aware of that. Our only other option is satellite Internet, and that's much more expensive plus has ridiculousy bandwidth limits. I think the maxmium for most satellite companies is something like 20 GB.. I could fart out that much bandwidth in a single day.

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Fightingfan

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#8 Fightingfan
Member since 2010 • 38011 Posts
I think you're wasting your time. I'm sure they're covered in their TOU you signed. I would simply cancel, find another provider, and maybe leave a bad review of my experience on Google, or wherever.
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SystemsGO

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#9 SystemsGO
Member since 2011 • 1285 Posts

I think you're wasting your time. I'm sure they're covered in their TOU you signed. I would simply cancel, find another provider, and maybe leave a bad review of my experience on Google, or wherever. Fightingfan

There is no other option. So finding an alternative is out of the question. Therefore I have no other option but to waste my time and at least try for a resolution and try to light a fire under them.

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dercoo

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#10 dercoo
Member since 2006 • 12555 Posts

Only if you know a good lawyer who could argue they are abusing their monopoly status to violate your contract.

Though unfortanatly you don't have much to go on.

What I take happened to you happened to me.

They keep adding homes to a DSL grid at the cost of the current customers speeds. I went from 1.5 to .6 average in a forced shotgun marrage bundle with our phone that costs over 80$ a month.

They can upgrade the netork(I've confirmed from speaking to the too often called service crews), but its considered not cost effective so is ignored untill the system breaks.

***** you Cincinati Bell

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SystemsGO

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#11 SystemsGO
Member since 2011 • 1285 Posts

Only if you know a good lawyer who could argue they are abusing their monopoly status to violate your contract.

Though unfortanatly you don't have much to go on.

What I take happened to you happened to me.

They keep adding homes to a DSL grid at the cost of the current customers speeds. I went from 1.5 to .6 average in a forced shotgun marrage bundle with our phone that costs over 80$ a month.

They can upgrade the netork(I've confirmed from speaking to the too often called service crews), but its considered not cost effective so is ignored untill the system breaks.

***** you Cincinati Bell

dercoo

Don't you see that as a legitimate case that they continue to add lines at the cost of their consumers and then claim it's not cost effective to resolve the problem, yet still billing you for the full service as if you were receiving it AFTER claiming they guarantee half the speed you pay for, and that you receive your own dedication connection? That's the DSL claim, and that's what makes them technically better than cable in their eyes. They're not delivering, they're falsely advertising, and they're abusing the deceptive trade act.

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Fightingfan

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#12 Fightingfan
Member since 2010 • 38011 Posts
I never understood why America wouldn't let ATT monopolize the telecommunications industry in America, but Comcast/Time Warner can do it in most of the United States.
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DroidPhysX

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#13 DroidPhysX
Member since 2010 • 17098 Posts
I never understood why America wouldn't let ATT monopolize the telecommunications industry in America, but Comcast/Time Warner can do it in most of the United States. Fightingfan
That's not a monopoly. That's an oligopoly.
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k2theswiss

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#14 k2theswiss
Member since 2007 • 16599 Posts

3 mb for $60 bones. you really must live where theres no other company and yes you can sue them if they are not holding their side of bargain in contact.

start documenting it with screen shots for proof. contact a lawyer. only they would know what u need to make it happen.

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k2theswiss

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#15 k2theswiss
Member since 2007 • 16599 Posts
I never understood why America wouldn't let ATT monopolize the telecommunications industry in America, but Comcast/Time Warner can do it in most of the United States. Fightingfan
only people who have crap internet is people who live outside of city. WHY? because only one internet provider is most likely in the area so they can get away providing crap services for price of good services
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Jacobistheman

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#16 Jacobistheman
Member since 2007 • 3975 Posts

No, you can't. I am sure the agreement that you signed didn'tguarantee any speed.

If you don't think that they are providing a good service, stop using them.

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BluRayHiDef

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#17 BluRayHiDef
Member since 2009 • 10839 Posts

You pay $60/mth for 3mbps? wtfchessmaster1989
I LOL'ed.

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Jacobistheman

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#18 Jacobistheman
Member since 2007 • 3975 Posts
I never understood why America wouldn't let ATT monopolize the telecommunications industry in America, but Comcast/Time Warner can do it in most of the United States. Fightingfan
The case against ATT was an anti-trust suit, not an anti monopoly suit (they can't break up monopolies for being monopolies). There is a big difference.
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Yusuke420

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#20 Yusuke420
Member since 2012 • 2770 Posts

Hey OP you live in Grandview, TX? We have Windstream here and the service is so ****

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CreasianDevaili

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#21 CreasianDevaili
Member since 2005 • 4429 Posts
You can try and sue your isp. Rather unsure if you will win.
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deactivated-5f9e3c6a83e51

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#22 deactivated-5f9e3c6a83e51
Member since 2004 • 57548 Posts

It's possible to sue them, but it may be difficult to actually get anything. Most lawyers wont take cases that involve small amounts of money. Generally, you have to have a signifiant amount of monetary damages before they will bother with it. You may be able to discuss it with the ISP or talk to a higer up rep regarding their inability to meet their end of the contract. However, a lot of these companies have very fine print that you need to read through.

In regards to DSL, I'm not a fan. Most areas usually have the option of cable and DSL. Sometimes you only get one provider for each, but usually both are available. My ISP is cable and I had issues with dropping service and slower than promised speeds for a while. Issue was not in my house, but rather their cables outside. They were finally upgraded and the service has been fine since, but it's nearly impossible to have them fix it.

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ghostsniperOP

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#23 ghostsniperOP
Member since 2004 • 484 Posts

I hate crap like this, If I were you I would try setting up a class action lawsuit and make the company really pay up. I mean if there are that many bad rewviews of them doing the same thing to everyone, show that to a lawyer, he might even do it for free because that could be a big payday, for him at least. I mean honestly, this is not how you treat your customers.

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JasonGriffee

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#24 JasonGriffee
Member since 2011 • 194 Posts

I would suggest reading the Terms of Service agreement, along with any contract you may have signed. If they delibertly misled you, that's fraud and it is a crime. Please note that they would have to have had stated gaunteed speeds, not "up to". Also, note ANY limitations of liabiliy. If everything checks out, get a consult from a lawyer.

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Serraph105

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#25 Serraph105
Member since 2007 • 36092 Posts

Now I don't feel so bad about paying $35/month for 18 mbps.

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Serraph105

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#26 Serraph105
Member since 2007 • 36092 Posts

I'm honestly not sure I see the point of a 3 mbps. I use the internet for almost everything nowadays tv, news, music, movies, skype, paying bills, gaming, and of course general web surfing. With such a low speed I'd be limited to news, limited web surfing, and bills. That's not really worth $60 per month if you ask me.

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Planeforger

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#27 Planeforger
Member since 2004 • 20097 Posts

The reason this is concerning to me is because the company falsely claimed that I am guaranteed half the speed that I pay, and they also falsely claimed that it would be my own dedicated connection and that I wouldn't have to worry about sharing a connection with other people in the area, such as a cable user would.SystemsGO

This part sounds important; possibly more important than the rest of it. I don't know anything about US contract law (and I can't remember many specifics about my own country's contract law), but phrases like 'estoppel', 'misrepresentation' and 'exceptions to the parol evidence rule' come to mind.

How did they guarantee you these things? When was that? Did you get these guarantees in writing (not that writing is essential, but it helps)?
You'll really need to look into the specifics of what you agreed to before you start checking out lawyers.

Also, I don't know anything about consumer protection groups/laws in the US, but they may be worth looking into. Consumer protection commissions here would have a field day with clear cases of misleading and deceptive conduct like this one (although I don't know if any other country has that law).

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dercoo

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#28 dercoo
Member since 2006 • 12555 Posts

I'm honestly not sure I see the point of a 3 mbps. I use the internet for almost everything nowadays tv, news, music, movies, skype, paying bills, gaming, and of course general web surfing. With such a low speed I'd be limited to news, limited web surfing, and bills. That's not really worth $60 per month if you ask me.

Serraph105

You know 3mbps good for most tasks, and sufficient for streaming 720p content....

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comp_atkins

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#29 comp_atkins
Member since 2005 • 38934 Posts
what kinda of data are you getting on cell networks in the area? unlimited cell data + tethering = f-you isp