Can Viasat hide behind their subcontractors and claim immunity for what subcontractors do?

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I have no axe to grind here, but I think Viasat customers should be aware of their rights. Some posters here would have people believe that Viasat is immune from any followup responsibility on their part. That it is the customer who accepts all responsibilities when things go wrong.
I see things differently. I have held off on posting this until a slow Sunday.

There is a famous case from Virginia history and the chemical industry’s wrongdoings that implies Viasat is not immune.

Allied Chemical invented a pesticide that they trademarked as Kepone®. For those that care, the chemical name is decachloroocta-hydro-1,3,4,-metheno-2H-cyclobuta[cd]-pentalene-2-one. It is a chlorinated biologically active synthetic molecule that kills insects. Allied management wanted the profits from making and selling this product but they did not want the environmental and health risk associated with it.

Therefore, they set up a subcontractor named LifeSciences to perform the final manufacturing step and sell this product. Both Allied Chemical’s operations and LifeSciences’ operations were located in Hopewell Virginia, on the James River. LifeSciences was inept and dumped their waste Kepone® into the James River and failed to provide adequate protective equipment for their workers. The workers quickly developed nerve damage from exposure to the active ingredient in Kepone®. The commercial and sporting fishing industry were killed off in the James River.

Both companies were sued, but Allied thought it had an iron-clad defense. Their defense was that they did not do the dumping and they did not expose the workers. It was LifeSciences’ fault entirely.

Without going into any more details, neither company is around today because of this. The fine was $200 million dollars in 1975 dollars for both companies. Allied could not delegate their responsibilities to another company and expect to be legally protected.

The above is more extreme than Viasat’s actions. However, the precedent has been determined. Companies cannot hide behind sub-contractors who are preforming services for the parent company.
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Posted 2 years ago

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GabeU, Champion

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Completely different set of circumstances and a very different type of relationship between the two entities.  
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Gabe, you don't have Viasat do you?
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Toy House

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Ok let me tell you my experience with ViaSat yes THE WORST company ever.
I didn't read the blogs prior to doing business with them ( I wish I had ). I placed my order June 25th a was given a Thursday install date June 28th between 11 AM and 2 PM. I thought great. So I cancelled my vacation with my family and move the 2 days I had planned for 5th and 6th of July. I called at 11:30 AM to ask there eta I was told anytime, then call again and was told he was having issue with last install and would now be 5 - 8 PM called again at 8 pm and was told another lie. The company I was dealing with was a dispatcher company out of Monterey Mexico and they were blaming the installers company that ViaSat was using. Bottom line I was given the run around, called multiple times, spent multiple hours on phone, listened to multiple lies, drove 300 miles, spent over 100.00 on fuel, and wasted 2 vacation days that I could had spent with my family. 
So I got a call back on Monday as a follow up from the operation folks wanting to reschedule my install. They wanted again to do it during the week, I explained I wasn't able to take more time off during the week on a maybe they would show up. She scheduled for Saturday 8 - 11 AM. I call customer service to confirm that everything was a go and then after an hour on the phone with Rob we found out the install address on the order was wrong, ( not sure that may have been another lie ) and the only way to fix was to cancel the order and start over thus loosing my install date and time. After getting transferred over to the sales department they stated they were having issues with the software they used and couldn't create a new order for me. Again they are blaming someone else. NO ACCOUNTABILITY, ALL THEY HAVE TO OFFER IS EXCUSES. YES THE WORST INTERNET PROVIDER ON THE PLANET.

Oh wait that last part is not correct they never could get it installed to provide internet in the first place. So I guess I don't really know about there internet.

Bottom line they outsource everything and blame everyone except themselves. 
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Andy Schack

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The above post is a perfect example of why a potential customer should go through a local dealer. On Viasat's website there is a "find a retailer" tab, put in your zip and you'll see a listing. If they are listed as Elite then they are a larger dealer and do more sales. Personally I suggest going with a dealer who has an actual store location....they have more "skin in the game" and will be there when and if you need them. 

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GabeU, Champion

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Gabe, you don't have Viasat do you?
No, I don't have ViaSat.  I have HughesNet.  You never know what the future holds, though.  :)   
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I didn't call Hughesnet, or have them install their internet.  So they are the worse internet company in the world.
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It's a more complicated scenario when dealing with vicarious liability than it would be if you were talking about an actual employee.  Subcontractor liability would extend to Viasat in the event something dreadful happened such as an injury or death at which time Viasat would subrogate to the contractor's insurance first.  This is the case with Uber and Lyft with the list of complaints and suits that emerged from their service.  All that Viasat would be responsible to pay would be whatever the jury awarded above the damages covered by the contractors own liability insurance.  As for quality of service complaints or misstatements made by contractors, Viasat can screen all that they want, but everyone will have a different take on the service.  Some will adore it and others not like it so much.  That falls in the category called life.  Personally, I do not get the "up to" speeds advertised, but my service is adequate for what I do and I'm fine with that fact.  I don't need 900 gig download capacity because we don't have seventeen x-boxes running in our house.  I can watch a movie, download a game, gorge myself on as much porn as I can stand, and even send an email.  What more could I ask Viasat to do for me?  The number one complaint I have about satellite internet is many people don't understand the nature of what type of service it truly provides.  It's not cable and it's not fiber.  It is; however, a good alternative to having nothing at all.
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Basically, the speeds are advertised as "up to" because there are far too many variables to be able to guarantee any speed.  Customer load/usage, the infrastructure, the net as a whole, "acts of God", etc.  A slew of things can affect service, so they can't give a guarantee.  
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Steve Frederick-VS1/Beam314, Champion

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At my lake cottage I have an old grandfathered plan on Spectrum cable, formerly Time Warner. It is "up to" 3 Mbps download, and it only costs me $16 a month. Very seldom do I get more than 3 Mbps, and other times, like last evening during prime time, I was only getting 0.33 Mbps. I have the option to upgrade to the 50 Mbps plan, but that would cost me close to $50 a month. I normally can stream using my Roku Ultra in HD without buffering. High speeds aren't really that necessary. BTW, there are sometimes 6 users on line, and we still get decent internet.
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For $16/month I don't think you have much to complain about.

Now, for people that have up a Freedom plan for the lure of "up to 25Mbs" and an "unlimited" plan, I can see how that is frustrating!
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James Besser

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I have freedom plan at 70 years old can run faster then viasat internet speeds been getting bad