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· AllStar
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Discussion Starter · #1 ·
So DirecTV updated their Terms and Agreement and it says I can refuse the new terms and they will cancel me.

In this case do cancellation fee apply? They changed the contract not me. They are cancelling me. Not me cancelling them?

Just curious....
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http://www.directv.com/DTVAPP/conte...8WP&cmp=emc-rescus-cus-trans-en-privacyupdate

CUSTOMER AGREEMENT

Effective as of May 15, 2012, until replaced

THIS DESCRIBES THE TERMS AND CONDITIONS OF YOUR RECEIPT OF AND PAYMENT FOR DIRECTV® SERVICE AND IS SUBJECT TO ARBITRATION (SECTION 9) AND DISCLAIMER OF WARRANTIES (SECTION 8). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR ORDER OR SERVICE. IF YOU INSTEAD DECIDE TO RECEIVE OUR SERVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS AND THEY WILL BE LEGALLY BINDING. IF YOU OBTAINED RECEIVING EQUIPMENT DURING OR AFTER MARCH 2006, THE EQUIPMENT LEASE AGREEMENT, AVAILABLE AT DIRECTV.COM, GOVERNS YOUR RECEIPT, USE, AND RETURN OF EQUIPMENT.
TO VIEW BOTH AGREEMENTS IN SPANISH, VISIT DIRECTV.COM/ACUERDO OR CALL 1-888-388-6622 TO REQUEST A PRINTED COPY. (VISITE A DIRECTV.COM/ACUERDO O LLAME AL 1-888-388-6622 PARA SOLICITAR ESTE DOCUMENTO.)
 

· Legend
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317 Posts
RunnerFL said:
Yes, of course.

You would be the one choosing to cancel, not them. They're just changing their T's&C's, you're the one canceling.
I don't think it's that black and white. DirecTV reserves the right to change the terms and conditions of service at any time, with proper notification. For customers who are under contract with an ETF, what if new terms and conditions are onerous? Are their only options to suffer with the onerous terms and conditions or cancel and owe an ETF? I don't think so.
 

· Mentor
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46 Posts
Section 5
(c) Our Cancellation. We may cancel your Service at any time if you fail to pay amounts owing to us when due, subject to any grace periods, breach any other material provision of this Agreement, or act abusively toward our staff. In such case, you will still be responsible for payment of all outstanding balances accrued through that effective date, including the deactivation fee described in Section 2. In addition, we may cancel your Service if you elect not to accept any changed terms described to you, as provided in Section 4.

Section 4, in pertinent part:
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.

Deactivation fee in Section 2 is $15. There just might be something here
 

· Mentor
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46 Posts
frankygamer said:
Can someone summarize the changes?

I don't have time right now.

Thanks.
from http://support.directv.com/app/answers/detail/a_id/3837/kw/channel changes by itself

What has changed in the DIRECTV Customer Agreement?

Recently, we updated The DIRECTV Customer Agreement. This update will take effect on May 15, 2012.

The Customer Agreement outlines the terms and conditions of your DIRECTV Service. To make sure that the changes are clear we outlined some minor changes from the previous version.

Throughout the agreement the term "Receiver" has been replaced with 'box."
Section 1. Our Service: Information is provided for Ordering Pay Per View and using On Demand/DIRECTV Cinema, as well as using other authorized devices.
Section 2. Payment: New information has been added about promotional credits and the terms "mirroring" and "additional receiver" have been removed and replaced with "enabled TV's" or "additional boxes."
Section 3. Customer Information: New information has been added about account related text messaging.

To view The Customer Agreement in English or Spanish, visit http://www.directv.com/DTVAPP/content/legal/customer_agreement.
 

· Registered
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16,423 Posts
frankygamer said:
So they can change the terms to take my first born or raise cancellation fees and I just have to take it?

I feel like I need a lawyer to deal with DirecTV anymore.
Taking your first born? Exaggerating a bit aren't we? :)

What have they changed that has you so riled up?
 

· Registered
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killi said:
from http://support.directv.com/app/answers/detail/a_id/3837/kw/channel changes by itself

What has changed in the DIRECTV Customer Agreement?

Recently, we updated The DIRECTV Customer Agreement. This update will take effect on May 15, 2012.

The Customer Agreement outlines the terms and conditions of your DIRECTV Service. To make sure that the changes are clear we outlined some minor changes from the previous version.

Throughout the agreement the term "Receiver" has been replaced with 'box."
Section 1. Our Service: Information is provided for Ordering Pay Per View and using On Demand/DIRECTV Cinema, as well as using other authorized devices.
Section 2. Payment: New information has been added about promotional credits and the terms "mirroring" and "additional receiver" have been removed and replaced with "enabled TV's" or "additional boxes."
Section 3. Customer Information: New information has been added about account related text messaging.

To view The Customer Agreement in English or Spanish, visit http://www.directv.com/DTVAPP/content/legal/customer_agreement.
So in a nutshell they've changed words they use to describe devices and services. Nothing to worry about...
 

· Hall Of Fame
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2,510 Posts
frankygamer said:
So they can change the terms to take my first born or raise cancellation fees and I just have to take it?

I feel like I need a lawyer to deal with DirecTV anymore.
Not a lawyer, but here's what I've gathered over the years and from these forums.

You agreed in the initial agreement that they could modify the terms and conditions with proper notice. So, yes they can make any changes they want, and you have already agreed to accept them, or cancell and pay the penalty for canceling.

However, over the years the courts have limited companies from certain changes that they considered out of line. So, no, they could 't take your first born. :)

If you really thought any terms of service changes were out of line, you'd probably have to take them to court to have the changes thrown out.
 

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dcandmc said:
I don't think it's necessarely what they have changed, it's what they could change.
I understand, but I really don't think they'd ever ask for your first born. I honestly don't think they'd ever ask for anything unreasonable at all. They never have.

As it turns out they just changed some of the words they use. By law they have to notify customers if anything in the T's&C's change, that includes spelling and grammer corrections too. Just because the T's&C's have changed doesn't mean that the actual agreement has changed.

dcandmc said:
It's always nice to know your options.
Very true.
 

· Legend
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RunnerFL said:
I understand, but I really don't think they'd ever ask for your first born. I honestly don't think they'd ever ask for anything unreasonable at all. They never have.

As it turns out they just changed some of the words they use. By law they have to notify customers if anything in the T's&C's change, that includes spelling and grammer corrections too. Just because the T's&C's have changed doesn't mean that the actual agreement has changed.
"Reasonable" and "unreasonable" are subjective terms, so there's probably plenty of room for debate there. The OP was just engaging in some hyperbole to make a point. What if the $6 fee for each additional receiver was raised to $20? Would that be unreasonable? It's not out of line with what some cable companies charge. If you only have one receiver, it wouldn't mean anything to you. If you have two receivers, it's only an additional $14. But, if you have lots of receivers, it's a big increase. In my case, it would increase my bill by more than 50%. Then I would definitely be wondering if a change in terms and conditions meant that I could cancel without incurring an ETF.
 

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dcandmc said:
"Reasonable" and "unreasonable" are subjective terms, so there's probably plenty of room for debate there. The OP was just engaging in some hyperbole to make a point. What if the $6 fee for each additional receiver was raised to $20? Would that be unreasonable? It's not out of line with what some cable companies charge. If you only have one receiver, it wouldn't mean anything to you. If you have two receivers, it's only an additional $14. But, if you have lots of receivers, it's a big increase. In my case, it would increase my bill by more than 50%. Then I would definitely be wondering if a change in terms and conditions meant that I could cancel without incurring an ETF.
You're comparing Apples to Oranges here now. Raising the additional receiver fee from $6 to $20 is not a change in Terms & Conditions. It is a change in pricing model.
 

· Legend
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RunnerFL said:
You're comparing Apples to Oranges here now. Raising the additional receiver fee from $6 to $20 is not a change in Terms & Conditions. It is a change in pricing model.
I'm sure you get my point. There are plenty of hypotheticals that I could come up with that are based on the terms and conditions as opposed to the "pricing model," and whether they are "reasonable" changes or not would be easily debatable.

So... if in the future DirecTV makes an "onerous" change to the terms and conditions, and a customer who's under an ETF refuses the new terms and conditions thereby causing DirecTV to cancel the service, is the ETF waived?
 

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frankygamer said:
So DirecTV updated their Terms and Agreement and it says I can refuse the new terms and they will cancel me.

In this case do cancellation fee apply? They changed the contract not me. They are cancelling me. Not me cancelling them?

Just curious....
-----------------------------------------------------

http://www.directv.com/DTVAPP/conte...8WP&cmp=emc-rescus-cus-trans-en-privacyupdate

CUSTOMER AGREEMENT

Effective as of May 15, 2012, until replaced

THIS DESCRIBES THE TERMS AND CONDITIONS OF YOUR RECEIPT OF AND PAYMENT FOR DIRECTV® SERVICE AND IS SUBJECT TO ARBITRATION (SECTION 9) AND DISCLAIMER OF WARRANTIES (SECTION 8). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR ORDER OR SERVICE. IF YOU INSTEAD DECIDE TO RECEIVE OUR SERVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS AND THEY WILL BE LEGALLY BINDING. IF YOU OBTAINED RECEIVING EQUIPMENT DURING OR AFTER MARCH 2006, THE EQUIPMENT LEASE AGREEMENT, AVAILABLE AT DIRECTV.COM, GOVERNS YOUR RECEIPT, USE, AND RETURN OF EQUIPMENT.
TO VIEW BOTH AGREEMENTS IN SPANISH, VISIT DIRECTV.COM/ACUERDO OR CALL 1-888-388-6622 TO REQUEST A PRINTED COPY. (VISITE A DIRECTV.COM/ACUERDO O LLAME AL 1-888-388-6622 PARA SOLICITAR ESTE DOCUMENTO.)
No, the ETF should not apply. Just say that you don't agree to the new terms. Don't say you want to cancel. D* will initiate the cancellation and you shouldn't pay an ETF. There's a cancellation fee of $15.

Now, D* will probably try to charge you the ETF anyway, but they're not supposed to. You can always contact your state's Attorney General if D* gives you a hard time.
 

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bobcamp1 said:
No, the ETF should not apply. Just say that you don't agree to the new terms. Don't say you want to cancel. D* will initiate the cancellation and you shouldn't pay an ETF. There's a cancellation fee of $15.

Now, D* will probably try to charge you the ETF anyway, but they're not supposed to. You can always contact your state's Attorney General if D* gives you a hard time.
Where do you see that the ETF should or would not apply? It really doesn't matter who cancels, DirecTv or you - if you do not have service in place for the contract term you will be charged the prorated ETF.

The $15 is not a cancelation fee, it is a "deactivation fee" and it is "up to $15" and it appears to be more of an administrative or "because I can fee" and does not supplant the ETF.
 
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