1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

cancellations fees if we don't agree to new Terms and conditions?

Discussion in 'DIRECTV General Discussion' started by frankygamer, May 10, 2012.

Thread Status:
Not open for further replies.
  1. May 11, 2012 #81 of 144
    TBlazer07

    TBlazer07 Grumpy Grampy

    4,828
    7
    Feb 5, 2009
    You don't have to explicitly keep a CC "on file" however if you ever paid with a credit or debit card (even if it isn't visibly stored on your account page) they can and will attempt use that which is why I never use a debit card. I have actually seen that happen a number of times plus it is stated in their "agreement" quoted a couple messages back:

    "By giving us your credit or debit card account information at any time, you authorize us to apply this method of payment, in accordance with applicable law, to satisfy any and all amounts due upon cancellation....."

    Also, for those who keep saying "if you don't like it sue them" you can't. Also per the user agreement. Arbitration only.
     
  2. May 11, 2012 #82 of 144
    RunnerFL

    RunnerFL Well-Known Member

    17,054
    312
    Jan 4, 2006
    Ditto...
     
  3. May 11, 2012 #83 of 144
    harsh

    harsh Beware the Attack Basset

    21,192
    183
    Jun 14, 2003
    Salem, OR
    Your statement that you don't agree comes solely in the form of a cancellation. You have to read the whole paragraph as a unit.
     
  4. May 11, 2012 #84 of 144
    harsh

    harsh Beware the Attack Basset

    21,192
    183
    Jun 14, 2003
    Salem, OR
    Such is not the case with DIRECTV's T&Cs of late. Lots of use of the word "may" and less connecting the dots for the consumer's benefit.
     
  5. May 11, 2012 #85 of 144
    dcandmc

    dcandmc Legend

    318
    9
    Sep 24, 2008
    [Facepalm]

    Yes, that would be the word "required" in the text that was bolded. As in, "you are required to maintain current credit or debit card information with us..."

    As you can tell from reading previous posts in this thread, other DirecTV customers also do not have a credit or debit card on file, and apparently DirecTV has not "made" them do so. Just because DirecTV has not "made" you put a credit or debit card on file does not mean that the requirement to do so is not part of the Customer Agreement (which, by the way, you are in violation of by your own admission). Come on, dude... it's right there in black and white.
     
  6. May 11, 2012 #86 of 144
    Mike Bertelson

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

    14,043
    94
    Jan 24, 2007
    Actually, it is required. (Link)

    2. PAYMENT
    In return for receiving our Service, you promise to pay us as follows:

    (a) Programming. You will pay in advance, at our rates in effect at the time for all Service ordered by you or anyone who uses your Receiving Equipment or Authorized Device, with or without your permission, until the Service is canceled. If the Service is part of an offer through which you receive credits offsetting all or part of the Service price, such credits are also paid in advance. If you cancel the Service, you are no longer entitled to receive the credits and we reserve the right to recoup pre-paid credits. The outstanding balance is due in full each month. To establish service, you were required to provide a credit card. You may use this or another credit or debit card to establish recurring payments. See Section 5(e) regarding payment upon cancellation. We may, in our discretion, accept partial payments, which will be applied to the oldest outstanding statement. No "payment in full" notation or other restrictive endorsement written on your payments will restrict our ability to collect all amounts owing to us. We may reduce your Service to a minimum service level, at our rates in effect at the time, or deactivate your Service if you do not pay your statements on time, after any applicable grace period.

    ...

    5. CANCELLATION

    ...

    (e) Payment Upon Cancellation. You acknowledge that you have provided your credit or debit card account information to us. You understand that you will incur fees and charges as a result of your receipt and use of Service and/or Receiving Equipment, and may incur early cancellation fees and/or equipment non-return fees (as specified in any lease, programming or other service commitment agreement you entered into in connection with obtaining Receiving Equipment). By giving us your credit or debit card account information at any time, you authorize us to apply this method of payment, in accordance with applicable law, to satisfy any and all amounts due upon cancellation. You further acknowledge that you are required to maintain current credit or debit card information with us and agree to notify us whenever there is a change in such information, such as a change in the card number or the expiration date.
    I don’t know if this means they’ll start asking existing members to update that info, but it is required.

    Mike
     
  7. May 11, 2012 #87 of 144
    dcandmc

    dcandmc Legend

    318
    9
    Sep 24, 2008
    The thread was started because the OP was wondering whether or not a cancellation, initiated by DirecTV because of a subscriber's refusal of new terms and conditions, would lead to the imposition of an ETF. It's a debatable question. That's what the discussion has primarily been about, not about whether or not anyone agrees or disagress with any particular term or condition of service. The first post in the thread might serve as a nice refresher.

    Obviously any subscriber is free to discontinue service at any time and find another provider (or not). I've been a continuous DirecTV subscriber for more than 15 years; I wouldn't still be with them if I felt that there was a better option for me. Do I like everything that the company does? No, and when I disagree with something they do, I don't have a problem with saying so. I have to shake my head :nono: at certain members of this forum who will defend DirecTV at any chance, over any perceived slight, whenever something even slightly negative is posted here. Folks, you don't have to do that. The validity of your choice to be a DirecTV subscriber does not depend on someone else's experience; it's all about whether being a DirecTV subscriber makes the most sense for you.
     
  8. May 11, 2012 #88 of 144
    dcandmc

    dcandmc Legend

    318
    9
    Sep 24, 2008
    Wrong. According to section 4 of the Customer Agreement:

    "If you notify us that you do not accept such terms and conditions, then we may cancel your Service as provided in Section 5, as we cannot offer Service to different customers on different terms, among other reasons."

    So while you can simply cancel if you disagree with new terms and conditions, you also have the option of informing DirecTV that you do not accept the new terms, and then DirecTV may initiate the cancellation. It's two different things with likely the same outcome, although whether or not any applicable ETF is assessed in both cases is the question that kicked off this thread.
     
  9. May 11, 2012 #89 of 144
    frankygamer

    frankygamer AllStar

    94
    0
    Jul 1, 2006
    Touchy touchy. Say one bad thing, report one bad experienced, ask what should be a simple question and the 'DirecTV can do no wrong' contingent tries to say anything to discredit the poster. It can never be an issue with DirecTV. They are perfect, lol.

    What's funny is i'm in general happy with DirecTV. Had them a long time. While there had been a couple decisions I didn't like, overall their product is great. It just bothers me what I've read and been told by friends about some of the issues I've mentioned. It makes me question what may happen to me should the day come I have to leave. Also if I want to do business with a company like this. just my opinion and thoughts. I thought this was what forums were for. Nobody made you click on the link once much less several times.

    No company is perfect. Even DirecTV.
     
  10. May 11, 2012 #90 of 144
    lparsons21

    lparsons21 Hall Of Fame

    4,357
    219
    Mar 4, 2006
    Herrin, IL
    Personally I think that you could not accept the new terms and not have to pay the ETF if you had one. But I al
    so think that you'd have to go to court to do it, and if you did, I think you'd win. Of course, it would cost more than the max of $480 ETF to win! :(

    For me, I didn't see anything in the new terms of service to get up tight about.

    And for the response of D* not messing up someones finances, well hogwash. They have charged for non-return of equipment even when it actually was returned. And of course, they have charged that when it didn't get back in their timeframe even though D* was the one that picked the worst way to send a trackable item back to them. In general they do end up getting your money back to you, but at D*'s own sweet time! We've all seen posts talking about those very things more than once. Fortunately it isn't an everyday occurence.
     
  11. May 11, 2012 #91 of 144
    frankygamer

    frankygamer AllStar

    94
    0
    Jul 1, 2006
    So if DirecTV misplaces 4 returned DVRs and someone gets $2000 pulled from their account, its the customers fault. Yeah right. Keep drinking the DirecTV kool aid. you just make yourself less creditable implying DirecTV is perfect.

    May I ask how long you have worked and/or had service with them?
     
  12. May 11, 2012 #92 of 144
    wahooq

    wahooq New Member

    931
    1
    Oct 19, 2011
    Tulsa, OK
    I fail to see anywhere in what i posted that could be taken as touchy, or defending DTV, or saying anything derogatory towards you. I was merely saying it's all water off a ducks back, in my life if I dislike something I leave it. The T and C has changed very little, verbiage was added to encompass all the new technology. The general principles remain the same. I fail to see the issues with it thats all.
     
  13. May 11, 2012 #93 of 144
    frankygamer

    frankygamer AllStar

    94
    0
    Jul 1, 2006
    Well take your own advise then and leave it (this thread that is). not everyone has money laying around like you must have. Also I would say the post and view counts just illustrates the issue more.
     
  14. May 11, 2012 #94 of 144
    frankygamer

    frankygamer AllStar

    94
    0
    Jul 1, 2006
    Well said
     
  15. May 11, 2012 #95 of 144
    dpeters11

    dpeters11 Hall Of Fame

    16,345
    503
    May 30, 2007
    Cincinnati
    It's not always about what the changes are. This is used with cell phone companies, even small changes can get you out of a contract. The customer doesn't actually necessarily care what the change is, it's an exit.
     
  16. May 11, 2012 #96 of 144
    frankygamer

    frankygamer AllStar

    94
    0
    Jul 1, 2006
    So, in the end the issue seems debatable but not worth the time or money to fight DirecTV.

    Also that the sending out of the new terms is more of a formality then of any real use.

    Thanks all for the insight and opinions.
     
  17. May 11, 2012 #97 of 144
    RunnerFL

    RunnerFL Well-Known Member

    17,054
    312
    Jan 4, 2006
    I never said that!

    I didn't say that either! Either quit putting words in my mouth or just stop replying to my posts.

    I have never worked for DirecTV. I've been a customer of theirs for 12 years.
     
  18. May 11, 2012 #98 of 144
    wahooq

    wahooq New Member

    931
    1
    Oct 19, 2011
    Tulsa, OK
    Haha easy big fella...no need to get riled up. And I have 4 teenagers (3 of them boys), so ALL my money goes to the grocery store :(
     
  19. May 11, 2012 #99 of 144
    Shades228

    Shades228 DaBears

    6,081
    46
    Mar 18, 2008
    Every company uses may. How much does DISH state may charge for an access card in their T&C.

    May allows companies to have flexibility in their enforcement of things so they can make case by case adjustments. If they said will on everything and then one person didn't get enforced it would set a precedent.

    Usually the word may will apply to fees and fines so that based on the intent of the reason for the fee or fine it can be handled properly. If someone is pirating or commiting fraud you can bet the max of the may will happen. If someone loses a card or has their kid put it in the dish washer I bet they won't charge the amouint they state in the T&C.

    As stated prior the T&C of any company is there to protect the company by stating what it is they have the ability to do with their services if you choose to be a customer of theirs. It does protect people who read it and accept it but those who choose to read it and try to interpit it to their own meaning will be disappointed at some point.

    There will never be a "customer friendly" T&C because that's not what they're there for.
     
  20. bobcamp1

    bobcamp1 Icon

    896
    1
    Nov 8, 2007
    Great! Get those discounts in writing, get D* to actually give you the discounts, and you're all set.

    Of course, you're not required to accept their compensation for certain things. If for example, the new TOS allowed them to use the personal data your box gathers and sell it to others, you can argue there is no proper compensation for that.

    Going over the major differences between the old and the new, they are:

    1. D* now gives you the option of using either a phone line or Internet connection for each box.

    2. The new TOS authorizes D* to send you text messages to your cell phone. But it also says you can opt out.

    3. The new TOS allows D* to recoup pre-paid Service credits it previously gave to you if you cancel service (Wow! Nice way around the ETFs!)

    4. The new TOS also removes your right to request a paper copy of your bill if you've signed up for autopay. (D* can still give you one, but now it's just up to their discretion).

    5. Finally, the new TOS has a new "Box and/or enabled TV fee". This service fee replaces the "Additional TV Authorization fee" which only applied to owned equipment. The new service fee applies to all equipment, as it is also meant to replace the lease fee. Except that most of us have signed a separate lease agreement which also lets D* charge us a lease fee. So people who are leasing equipment could get charged both the service and the lease fees. Currently, D* is not charging the new fee for people who are leasing, but they could.

    It's that last (sloppy) change that constitutes a materially adverse change. But as long as D* is careful not to actually charge you more, they can argue that it's not materially adverse. It'd be up to a jury to decide. But keep this in mind for future rate hikes -- D* either has to credit you the difference or allow you to cancel without an ETF. It's not just them being nice about it.
     
Thread Status:
Not open for further replies.

Share This Page