My friend broke contract

Discussion in 'DIRECTV General Discussion' started by CarolinaGuy79, Aug 4, 2012.

  1. Laxguy

    Laxguy Honi Soit Qui Mal Y Pense.

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    Monterey...
    You really sound like you're in a position of authority regarding legal interpretations of documents pertaining to DIRECTV® accounts.

    Re-read my post and come up with a smart deflection of that one.....
     
  2. Mike Bertelson

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

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    Jan 24, 2007
    You are incorrect. The very first paragraph of the Equipment Lease Agreement states...
    The Customer Agreement, together with this ELA, comprise the terms of your service agreement with DIRECTV. Please be sure to read and keep copies of both.

    As you can see it specifically states that the ELA and Customer Agreement comprise the complete TOS for DIRECTV service. There is no ambiguity what so ever. There is no assumptions to be made. I suggest you read both agreements before making such unwarranted comments.

    Additionally, the courts have consistently upheld such agreements as binding.

    There doesn’t seem to be anything to in either the User or Lease Agreements that applies to the topic. However, Pepe Sylvia’s posts (Link) implies that there’s a potential that the OP could lose the discount. I wonder what length of time constitutes an account that is “active and in good standing”.

    Mike
     
  3. maartena

    maartena Hall Of Fame

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    No... signal reception of any kind can be influenced by weather, sun spots, the angle of the signal coming in vs the amount of sunlight coming in from a different angle, how much rain falls 50 miles south of you while you are sitting in the yard with sunshine looking at the clouds in the distance wondering why *you* aren't getting a signal....

    It isn't "cut and dry" really. I know we have come to expect that technology serves us human masters for the full 100% all of the time, but reality is that weather has it influences on many many things.

    I don't know how old you are, but if you ever listen to AM radio.... ever noticed that when you had the radio sitting on the kitchen counter the signal would come in fine, and then one day it would not.... but you would move it to the living room window and it would be clear again? Ground signals bounce around a lot, clouds/weather have different effects, satellite is a lot better than terrestrial type signals but it still has weather related, and/or seasonal related issues.
     
  4. csgo

    csgo Legend

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    DirecTV has their fanboy internet lawyers out in force on this site as usual. I doubt if any have the first clue of what a contract is... or in this case an untenable agreement that would have us believe that anyone can agree to a contract that gives one party authority for unilateral changes. It's a worthless bunch of garbage that is used to take advantage of people that won't exercise their rights. But it is interesting to note how DirecTV makes sure the internet lawyers keep drinking their kool-aid.
     
  5. Stuart Sweet

    Stuart Sweet The Shadow Knows!

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    OK, let's please back off the rhetoric. There's no reason to be rude.

    If you don't like your customer agreement, your options are limited. You can enter into arbritration, you can simply pay the early termination fee and be done. Or you can come to a fan forum and vent, that's fine too.

    However, you may not accuse others or be uncivil. Thanks.
     
  6. Shades228

    Shades228 DaBears

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    Mar 18, 2008
    I guess I'll be clearer than I was before.

    Once the discounts start applying to the account there is no longer any validation that is required to keep the credit going. The only way the credit would be removed is if the account receiving the discount were to have service interuption, a request to disconnect service, or a complete disconnect. In some cases the credit may re-apply after said interuption but you would want to ask about it specifically.
     
  7. Rich

    Rich DBSTalk Club DBSTalk Club

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    Piscataway, NJ
    I sold an iPad2 on eBay a few months ago. You know the line that says by bidding and winning this item you enter into a binding CONTRACT with the seller and eBay?

    The guy who bought the iPad immediately sent me a message after the auction ended stating firmly that he had no intention of paying for it. Went back and forth with him and finally let eBay take care of the matter. After all, they are the ones who say you are entering into a binding CONTRACT when you bid and win.

    What happens? Nothing. Turns out eBay has no recourse but to block the buyer from the site. That was all they could do.

    Called my lawyer and he asked me if $400 was really that important to me that I'd take the buyer (he lives in NJ, too) to court for it.

    Nixed that idea and gave the iPad to my son who uses it constantly, but the whole thing raises questions in my mind about "contracts".

    Rich
     
  8. rgs825

    rgs825 Cool Member

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    Jul 25, 2012
    If it matters any, my friend broke wind the other day at choir practice. Was a right stinker it was. :barf:
     

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