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Posted 2 years ago
Bev, Champion
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Now if you'd rather try to resolve any issues that may be affecting your speed, email your account and contact information to Viasatlistens@viasat.com and, ask them to investigate your slow speeds.
VeteranSatUser, Champion
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Want to get out? Pay $15/month for each month remaining on your contract.
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VeteranSatUser, Champion
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Lawyers wear people down as part of their strategy. We the people can do the same thing, often at lower cost.
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I always suspected that the "up to..." clause was invalid because it is too all encompassing.
Every state has it own contract laws.
This week the Supreme Court ruled in favor of employers regarding employee-employer contracts and arbitration. The point is that its not over until it's over. Nothing is sacred in this country until the Supreme Court says so.
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The Supreme Court quickly stepped in and over ruled the verdict on the grounds that public officials are corrupt in general, so McDonald could not be singled out. This Supreme Court verdict occurred while the FBI was investigating Hillary Clinton. It sent a strong message that indicting her would go nowhere.
The point is that no matter how iron clad you think the law is, it is not.
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http://virginiadefenseattorney.com/2015/09/23/virginia-is-for-lovers-and-weird-laws/
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However if it can be shown that the ISP or any company is not delivering what they advertise so that the product is actually USABLE, for its intended purpose you may have a case.
You would have to provide documentation that shows the speeds won't allow you to perform basic functions with a Reasonable response, reasonable in the mind and expectations of a reasonable person.
If i was the judge would ask you what steps have you taken to get the system working properly:
Have you contacted the provider and asked for their help thru testing service calls etc., you would need documentation of these attempts and the responses, tech notes etc.
If you don't have the above or attempted the above I would postpone a judgement until these steps were taken and the service provider is able to fix your system or fails to fix it so again a reasonable result is achieved.
Do your homework, gather your data, ask Viasat to review and check your system, document the results.
If I were your attorney I would want all of the above data as supporting evidence that the ISP can't deliver.
I specified "reasonable person, reasonable service return for a fair value provided. Hopefully you would get a judged who thinks like me, and i am not an attorney nor judge.
If the judge rules in your favor be prepared for Viasat to challenge the ruling because this precedent would have great implications for the company..
My advice is contact Viasat, get some assistance, check of your system, run tests, the speeds can't just be good from 3 AM to 4 AM, not reasonable, but at least it shows that your system is good but Viasat can't deliver a reasonable service that you should expect during reasonable usage hours.
https://weagree.com/drafting-principles/1-general-drafting-principles/1-4-vagueness-and-ambiguity/a-...
The most obvious example of vagueness is the word reasonable. It introduces an objective standard in the contract. The term reasonable places a limit on discretionary power or the effect of overly strict obligations. Where it limits the exercise of discretionary power, it requires that a party is able to explain its performance (or failure to perform as expected). Where the term reasonable is included with the aim of reducing the ‘harshness’ of strict contract clause, it introduces a common sense approach to the interpretation of what may normally be expected from a party’s performance. The standard of ‘reasonableness’ is one that is usually determined by reference to a well-informed third party with the same expertise acting under the same circumstances.
Again give Viasat a chance, document all and be prepared for a lengthy case which will most likely get expensive, probably prohibitively expensive, but Viasat might just let you sign a non disclosure and let you out of your contract...........
VeteranSatUser, Champion
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The court's question will be:
Have you exhausted all your available administrative remedies?
If no, get out of my courtroom.
Stephen Rice, Champion
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On the other hand, Viasat has over billed numerous customers many times and it is well documented on this forum and even acknowledged by the good people at corporate. A greedy lawyer could make a nice chunk of change if he or she was to go after Viasat with a class action lawsuit for over billing.
But to get a lawer to sue because you think speeds are guaranteed is just downright silly. Nothing is guaranteed with Viasat and it was cost you more than $300 in lawyer fees for you to get the same answer we are telling you.
GabeU, Champion
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Stephen Rice, Champion
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GabeU, Champion
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Stephen Rice, Champion
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VeteranSatUser, Champion
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Stephen Rice, Champion
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Typically the lawyer is the only person who makes any money. The affected parties usually only get a few dollars each.
VeteranSatUser, Champion
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GabeU, Champion
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Stephen Rice, Champion
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I've been involved in a few class action lawsuits. I think the last one was with Straight Talk. I think they were advertising unlimited data but were cutting off accounts after using 2.5 gb of data. There was no mention of this in the Straight Talk terms at the time. This was about 10 years ago and I think I made enough money from that lawsuit to buy lunch at Subway.
Typically, the only people who make money in class action lawsuits are the layers.
Bev, Champion
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Brad, Viasat Employee
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I would first recommend you talk to us personally at viasatlistens@viasat.com. While a lot of thing were already said in this thread about speeds being "up to" and how speeds are not guaranteed I would want to look at the account. If you email us at that email we can at least look into this for you.
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I have a satellite receiver and two Roku TVs on, all 3 connected via WiFi, two laptops going, on Ethernet, and my android phone is on WiFi and WiFi calling is turned on, and I am in data restriction because I've used up my priority data. Could I complain, I guess so, but considering it's prime time and kids are out of school and it's a holiday, that would be silly wouldn't it?
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That being said, think log & hard about using that strategy to avoid your obligations under a contract - it may cause more problems than it solves.
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