Checking with lawyer

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Checking with lawyer to get out of contract. Since Viasat can't deliver the speed they promised me when they conned my into getting this joke of an ISP. They might have voided the contract by not delivering what was promised, now just have to wait to hear from the lawyer. 
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Lighting God

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Posted 1 year ago

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Bev, Champion

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Then, please wait for advice from your lawyer. However, if you are able to connect at ANY speed, I suspect that the "Speeds Up To XX Mbps" covers that. Speed is not guaranteed by ANY ISP and, regardless of who your provider is, speeds will vary depending on a variety of condition.

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.
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johnny c

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Any company can write a 30 page legalize document that is pretty water tight or iron clad etc.  Not only don't consumers read them, if they did they wouldn't understand a few of the paragraphs which can change meanings etc, a consumer is not an attorney.

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...........
(Edited)
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VeteranSatUser, Champion

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Sound advice. Basically coming from a customer support angle and documenting e everything.
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J&J

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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.
 
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Brad, Viasat Employee

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Hi Lightning God,

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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Russtytrucker

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My guess is he's not getting a lawyer, just pissed and already regretting posting this in the first place.
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privatejordy

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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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