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Business is business, but really?

Discussion in 'DIRECTV General Discussion' started by eblong, Jun 14, 2013.

  1. Rich

    Rich DBSTalk Club DBSTalk Club

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    Piscataway, NJ
    A lot of insurance companies tried that "Act of God" nonsense after Sandy hit. That was abruptly stopped. Our Governor (yeah, I know he's fat, but he's effective and was a prosecutor prior to election) and Mayor Bloomberg, no matter how much you may dislike him, put the hammer to the insurance companies. And, yes, the President helped too.

    Rich
     
  2. bobcamp1

    bobcamp1 Icon

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    "Act of God" is a legal term that covers all natural disasters that could not be avoided or prevented through reasonable care or foresight. If you ask a non-lawyer what it means, especially a CSR, they won't know. I asked my lawyer. It actually can be defined by local statutes and can vary from place to place.

    Your homeowner's and flood insurance policies specifically protect the things you own from most "Acts of God". A comprehensive car insurance policy also protects you from "Acts of God." Note that homeowner's insurance doesn't cover flooding, and flood insurance only covers flooding. You have to read the fine print.

    The "Act of God" usually makes most rental agreements null and void, either because it's stated that way in the contract or it's the law in your area. Since you don't own the D* equipment, your insurance probably doesn't cover it. Which is OK. The owner of the item is responsible for its insurance. D* either has a comprehensive insurance policy and will file a claim to replace their lost equipment, or they are "self-insured" which means they just eat the cost.
     
  3. Laxguy

    Laxguy Honi Soit Qui Mal Y Pense.

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    Winters,...
    Bob, are you a lawyer?
     
  4. bobcamp1

    bobcamp1 Icon

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    Nope, I've just been in too many lawsuits. I don't go looking for them, they just find me. Two patent lawsuits + one nasty one against a cable company + two other small claims cases. Luckily, I have friends and family members who are lawyers so I can ask them questions like this without getting a $500 bill. I didn't know what "an Act of God" was either until I asked them. It's in a lot of the fine print that we all have to sign. I try to read and understand it as much as I can.

    Basically, if you're the owner of something, you have ultimate responsibility for it. If you let your friend borrow something, and it happens to break while they're using it, you don't sue them. You just buy a new one and eat the cost. But If they misuse it and break it, then it's their fault. But if it gets stolen from their locked house, or their house burns down or gets flooded and your item is destroyed, whose insurance pays for your item? Yours does.

    The OP's homeowner's insurance will NOT pay for the receiver since he didn't own it. That's why it's called homeowner's insurance. And since he didn't willfully damage it, D* most likely can't bill him for it. That's why it's D*'s policy to just cancel the contract and eat the cost of the equipment. D* and other companies have a lot of "policies" that are actually existing laws and rights that consumers have. It isn't like they can have a different "policy" (well, legally anyway). I know this unfortunately from my cable company lawsuit a long time ago.
     
  5. Rich

    Rich DBSTalk Club DBSTalk Club

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    What upset me about being told my problem was an act of God was that before I transferred my homeowners insurance to Liberty Mutual, I asked about the trees over the power lines and also asked about flooding in my house. I only live a block or so from the Raritan River and have had problems in the past. My Liberty Mutual policy covers that now because of the 3 "Super Sump Pumps" I have installed to take care of the basement flooding. Now, if the pumps can't handle the water, everything is covered. I used to have All State as a carrier, but they don't come close to Liberty Mutual for coverage, especially on the sump pumps.

    Rich
     
  6. kenw102

    kenw102 New Member

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    "Act of God" is not a legal term...that is a misnomer...check it out in the search engine of your choice.
     
  7. Laxguy

    Laxguy Honi Soit Qui Mal Y Pense.

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    Winters,...
    Have you legal training? How 'bout the asserter—you—backing up your assertion instead of telling other to effin' google it.
     
  8. inkahauts

    inkahauts Well-Known Member

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    I think context of act of god is very important.
     
  9. acostapimps

    acostapimps Hall Of Famer

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    Why can't Directv just waive the non return fee instead of relying on the homeowners insurance, it might take a while for the claim process to begin with knowingly with a disaster of this magnitude, and if the homeowner don't have insurance then what? Too bad let them suffer? What does Directv has to lost in this case besides the receiver? If they did the acceptable thing and help the customer then the media won't have to get involved.
     
  10. trh

    trh This Space for Sale

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    You might want to go back and read this thread. And if not, at least posts # 9 and 14.
     
  11. Mike Bertelson

    Mike Bertelson 6EQUJ5 WOW! Staff Member Super Moderator DBSTalk Club

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    Just to be clear and so everyone doesn't keep asking why doesn't DIRECTV do something about this, check out the following link.

    http://support.directv.com/app/answers/detail/a_id/3211/~/helping-customers-impacted-by-natural-disasters

    This link was also quoted in the following post...

    http://www.dbstalk.com/topic/205774-business-is-business-but-really/?p=3146844#entry3146844

    Further there is a follow up article in which DIRECTV has apologized to the homeowner.

    http://gazette.com/directv-issues-apology-to-man-who-reported-burned-satellite-dish/article/1502319

    To summarize, DIRECTV already has a policy in place for natural disasters in which the subscriber will owe nothing and has to return nothing. Their policy states that if it's a declared disaster area the policy applies. And, it has been declared.

    http://www.fema.gov/disaster/5027

    I suggest that anyone posting should read the whole thread first...at least search it.

    Mike
     
  12. acostapimps

    acostapimps Hall Of Famer

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    That's what happens when I don't read some of the post on this thread sorry, but they should inform better some CSR's that don't know about this policy, they should have training sessions for this purpose especially newly hired reps.


    Sent from my iPad using DBSTalk mobile app
     
  13. peds48

    peds48 Genius.

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    Have you legal training? How 'bout the asserter—you—backing up your assertion instead of telling other to effin' google it.


    In all fairness he said to use the "search engine of your choice" :rolling:
     
  14. Mike Bertelson

    Mike Bertelson 6EQUJ5 WOW! Staff Member Super Moderator DBSTalk Club

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    You are absolutely correct. The CSRs should be better informed. I know this doesn't come up for the vast majority of CSRs will never come across this problem but, IMHO, if DIRECTV is paying attention when something like this is happening they should remind all them of the policy...an email, staff meeting, or how ever they pass info to their employees.

    Mike
     
    1 person likes this.
  15. Laxguy

    Laxguy Honi Soit Qui Mal Y Pense.

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    Winters,...
    Indeed he did. But it was in effect saying "effing google it", "google" being here generic for a search engine.... :roundandr
     
  16. CCarncross

    CCarncross Hall Of Fame

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    And perhaps they did...we will probably never know. But the mob mentality hit this thread early and often. Some rag gets hold of a story, probably didnt get all the facts and put it out there for everyone and their brother to attack, pretty ridiculous as it may have been a non-issue even by the time the article hit the paper.
     
  17. inf0z

    inf0z Legend

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    I think DIRECTV has also set up a booth at the disaster relief center for impacted customers to visit where they can get their questions answered and any needed changes made to their accounts.
     
  18. techdimwit

    techdimwit Legend

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    I'm going to bump this thread because this is an ongoing problem and apparently, now that the initial bad publicity has died down, DTV continues to leave this unresolved. I live in Colorado Springs and just spoke with a fire victim yesterday. His home was completely destroyed in the fire and he was told that he owed Direct TV $500 in equipment fees. This happened very recently. He took pictures of his burned dish but has yet to find any remains of his receivers. If he does, he plans to return what's left. My advice to him was to take this matter to the local TV stations and get the word out there that DTV is continuing to charge these fees to the fire victims. My family plans to look into Dish along with our other options because this attitude on the part of DTV is very distasteful. They did the same thing after the Waldo Canyon Fire last year. Something isn't right here because they are saying one thing and doing another.

    The tricky part of the disaster policy is, "If your equipment was damaged by a natural disaster, we will waive equipment replacement costs if you continue your DIRECTV service." If all that's left of your home is a pile of ashes and rubble, it's difficult to "continue your DIRECTV service." Sure, you can pay them a monthly fee during the months that it takes to decide what you're going to do, but that's a completely unreasonable burden to place on a family that has absolutely nothing left but what they were able to carry out and some of them don't even have that. When a customer tells DTV that they don't know what they are going to do when or if they rebuild, DTV is slapping them with the equipment fee and it's just not right.



    1. Non-issue? Don't think so.
    2. I invite you to visit our city and talk with victims. While you're here, you might join in the effort to sift through the ashes and look for anything that might have survived because volunteers are needed.
    3. The Gazette is not a rag and the residents of our city are not a mob.
     
  19. Mike Greer

    Mike Greer Hall Of Fame

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    That really sucks - everything you own gets burned and then a CSR explains that you'll "need to pay for the burned equipment and oh, by the way you still have 14 months on your commitment so there will be ETF on top of that". I have no doubt that it is DirecTV policy to 'forgive' the burning of their equipment but if they have the policy the CSRs should know about it. It is, however, to DirecTV's advantage to keep the CSRs 'uninformed' in this case... How many of these people in these horrible situations do pay what DirecTV asks? Those that have paid in the past should get the $$$ back.

    I figure the more bad press DirecTV gets the more likely they are to actually train the CSRs how to handle it.
     
  20. trh

    trh This Space for Sale

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    Techdimwit is only quoting one of four paragraphs of DirecTV's policy. The first says if your service can't be restored due to the disaster, they will cancel the account and waive any fees associated with equipment and time remaining on contract.

    Edit:
    If the CSR told the customer different, they need to escalate the issue. Techdimwit should print a copy for his friend so they can have it when they call back

    EDIT: Here is the link for techdimwit: http://support.directv.com/app/answers/detail/a_id/3211/session/L3RpbWUvMTM3Mjg5NDk1OC9zaWQvMU94WVRqdWw=
     

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