contract fraud

  • 12
  • Problem
  • Updated 3 months ago
  • (Edited)
Class Action lawsuit against Viasat for contract fraud. Plainly states unlimited to 150gb and they may throttle after I go overI had the most highest expensive plan with unlimited 12mb guarantees at least 360p SD video.. all was great for.nearly 2 years then in december 2018 problems .speed only 0.48 kb. After a month of back.and forth wasting my time. In jan 2019 the tell me Oh your on the lowest plan we have and we are slowing you down half the time..welll.that half the time is during the morning day and night when i need it . We can't watch any video at all even at 144p without pausing freezing buffing. And we dropped DirecTV because of the promise made by excede. I am still paying 80+dollars for.the bronze12 and the contract still says unlimited to 150gb with throttling after we go over but they broke my contract and changed it to throttling anytime. As I speak internet speed test is 0.50. I think we should sue viasat and their greedy corporate thugs who.decided on 6 new.prices and plans above what was the highest plan I have. The guaranteed streaming of 360p is impossible.with dial up speeds less than half a megabyte.When I complained to they said I'm welcome to go to another plan or leave They are no more.than common thieves and blackmailers. .
Photo of Albert Davis

Albert Davis

  • 17 Posts
  • 5 Reply Likes

Posted 9 months ago

  • 12
Photo of Stephen Rice

Stephen Rice, Champion

  • 2803 Posts
  • 1454 Reply Likes
Unlimited Bronze is not the highest or most expensive plan. Unlimited plans have not been available for two years either.
(Edited)
Photo of Kathy Burnett

Kathy Burnett

  • 5 Posts
  • 0 Reply Likes
We have 3 roku's, yet only 2 used daily, 2 cell phones and an iPad. Now the only thing used during the days is 1 roku because only 1 is home lol. Now they claim our usage starts at 3am when we ARE SLEEPING. Gotta love being ripped off
(Edited)
Photo of GabeU

GabeU, Champion

  • 2153 Posts
  • 1314 Reply Likes
I'd take a look at the data usage history on the cell phones and the iPad, if you know how to.  I have no experience with a Roku TV, so I don't know whether they can do anything while "off", though I don't think so.  

I'd also ensure that where the cell phones and iPad are at night has a decent WiFi connection.  The reason I say this is because a weak WiFi connection can cause a significant increase in data usage, and if one or more of those devices are trying to connect on their own at night, it's possible that they're using a significantly higher amount of data than they normally would.  With a weak WiFi signal there will be dropped data packets, and the data will keep being resent to the devices, or back the other way, until it has all that's required.  

I only give this as a possibility.  Though it sounds crazy when it's claimed by ISPs that so much data is being used, the vast majority of the time it's actually being used, and trying to figure out what is using it, and why, can very very tricky.  That's not to say that what they're claiming is for sure happening.  I have no idea.  All I'm saying is that I would check everything to determine whether it is or isn't really happening. 

I'm hoping that someone who has experience with an iPad and Apple or Android phones can give you an idea of where to look for that data usage history.  I don't have any Apple products, and my Android based phone is very basic, without much data info.  
Photo of Kathy Burnett

Kathy Burnett

  • 5 Posts
  • 0 Reply Likes
They are claiming someone is online playing games at 3am but I'm disabled and my elderly mother isnt awake lol we are sound asleep, they even say it's a laptop or something. Its lies they made up quite frankly and I'm fed up with impossible excuses to be honest
Photo of VeteranSatUser

VeteranSatUser, Champion

  • 5133 Posts
  • 3176 Reply Likes
Roku's sure can burn through data. Queue something up wrong and it can stream away whether you are watching TV or not.
Photo of Albert Davis

Albert Davis

  • 17 Posts
  • 5 Reply Likes
Kathy you can be sure you probably hit 60gig with that many video devices and your streaming the highest data streams using HD. Just one video in hd is over 2 gig. Versus an sd movie less tha.n a couple hundred .megabytes. I hit 150gb with just one amazon firestick streaming sd movies and channels in 20 days.
Photo of Albert Davis

Albert Davis

  • 17 Posts
  • 5 Reply Likes
I was going to disconnect back when 12gb was the limit before throttling paying 80 dollars then and they said we can give you a new high speed modem and unlimited data for.the same price. Naturally I said YES ! A month later the new modem with wifi router came in and waka I has blazing speeds sometimes it hit 20m and it worked so well.for video.i dropped my 160dollar DirecTV for the cheaper DTVnow. Later i.dropped that In favor of the new apps like.mobdro.and iprv and pluto. .not anymore. Youtube is even freezing on 144p due to this new corporate heads downgrading everybody for extortion. And the thing is there is no internet where I live .not even dsl or cable and viasat is not allowing anymore service in my area due to claims the max limit of 1500 subscribers on it so if i disconnected I'm doomed for eternal data less hell.They must be sued.
Photo of Danielle Brennan

Danielle Brennan

  • 95 Posts
  • 136 Reply Likes
@ Albert - I'll bet thos videos you stream at 0.60 kbps have a great resolution. I love my 1080P on my Liberty plan so much better.
Photo of Kathy Burnett

Kathy Burnett

  • 5 Posts
  • 0 Reply Likes
What??? You seem to have a huge chip on your shoulder so I'm not sure its everyone else.
Photo of Casual Observer

Casual Observer

  • 422 Posts
  • 438 Reply Likes
Apparently you don't see the irony in stating "I'm not dumping my unlimited plan" and continuing to pay for it when it's not usable and other options are available, Kathy.

Even Danielle is looking at other options as she's stated elsewhere - in the meantime she's got a usable plan while evaluating alternatives.
(Edited)
Photo of Albert Davis

Albert Davis

  • 17 Posts
  • 5 Reply Likes
Your not me nor do you have a kid taking online college courses. .Also we have no options at all for internet out here. Furthermore they are not allowing any more signups in my area so if I did drop them ii will never have internet again..its a nessiisity just like food is. I'm riding it out untill I get my responses back from viasat via the attorney general and the fcc. They may help me because she needs it for school and they will make viadodo do the right thing especially when it concerns education in NC.. as far as video streaming I hate hd . I'm old school ,a tv repair man from the tube days and I'd give anything to have my old analog systems back. .today digital is crap. You either get a picture or you get nothing but analog always came in and you could watch video with a little snow in it so streaming DirecTV at 0.60 kb i in sd quality is perfectly fine and could care less if I see hair on an ants ass hd.
(Edited)
Photo of GabeU

GabeU, Champion

  • 2128 Posts
  • 1296 Reply Likes
Heck, I'd love to be able to stream in 0.60Kbps.  Then again, the resolution would be about 3 or 4 pixels, but hey, why not?!  :)  

Sorry, I couldn't resist.   
Photo of PrestonPig

PrestonPig

  • 28 Posts
  • 12 Reply Likes
What a shame that it has come to this. I thought I had finally found the solution to the rural internet conundrum when I signed up with Viasat (then Exede), even more so when the 150/25 plan became available in my area. Ten years ago, before I "retired", I lived in an area with cable internet that had speeds I have not been able to approach since then. Viasat provided me with a connection that, while not as good as I once had, proved to be adequate for my needs. Suddenly, out of a clear blue sky, they have pulled the rug out from under me and many other loyal subscribers. After the change, my download speeds never reached anywhere near 25M - the supposed median, and were often below 1M. I will not pay them the same or more money for lesser service plan. I have  gone back to a cellular connection which, while better than it ever has been, is still not at the speed level of what I signed up for with the 150/25 plan, nor will it be, although it satisfies my current needs much better than what Viasat has become. I have cancelled my Viasat service and returned my equipment, and I wish everyone on this site well. May you all find better alternatives.
Photo of VeteranSatUser

VeteranSatUser, Champion

  • 5133 Posts
  • 3175 Reply Likes
Best of luck to you Preston. Stop in from time to time and let us know how it is going for you.
Photo of Albert Davis

Albert Davis

  • 17 Posts
  • 5 Reply Likes
I wish we had a better alternative. I'm very rural and the only tower we hit is 15 miles away .we can hardly keep a cell phone from dropping.if we hold our hands just right in one spot in the yard we can make a call. Cellular hotspots dont work . Eleven dial up is iffy du to 59 year old copper telephone lines that have been smashed cut Mended. Century link omitted my 7 mile stretch from the fiber optic cable and I hd to contact the fcc last year becUse we did t have a land line over 4 months. Had every tech come out and attempt to fix it. I knew most of their names by heart they came out so many times. Well I dropped them in November for a magic jack go plugged in the viasat router. Now that internet has slowed I'm getting choppy audio on it.i cant win for losing.
Photo of Casual Observer

Casual Observer

  • 422 Posts
  • 438 Reply Likes
You'll only receive empathy here.

Your dispute resolution options are outlined in section 8.4 of the customer agreement's terms and conditions. See:

https://www.exede.com/documents/master/customer-agreement.pdf

(Edited)
Photo of Albert Davis

Albert Davis

  • 17 Posts
  • 5 Reply Likes
That's usless garbage when it concerns fraud and doing business in carolNorth Carolina. Our attorney general wont allow such crap as viasat is pulling especially when it is affecting children and education. Internet is required in nc school systems at home. I'm paying a lot for internet that worked perfectly fine before decemberwhen they threw the wrench in the system to cause a problem.. price increase is one thing but they didn't do that they maliciously slowed down unlimited plans and said if you dont like it go somewhere else. And that is not an option because there is no choice or I would take it.
Photo of Casual Observer

Casual Observer

  • 422 Posts
  • 438 Reply Likes
It's what you agreed to - be sure to provide your AG a copy of it and let him decide whether it's legally binding. In fact, the dispute resolution option in 8.4 expressly gives you the right to pursue anything with your AG, federal agency, or in small claims court or another legal venue acting as an individual. 

You can try to litigate it here along with everyone else but it doesn't seem to be having any immediate impact. I'm just telling you how you should be proceeding. Chances are the more you attempt to litigate it here and demonstrate your lack of knowledge about the customer agreement while paying for services over the course of 2 or more years you'll damage your case with the AG, FCC, FTC or whatever you choose to pursue. 
(Edited)
Photo of Jim16

Jim16

  • 2453 Posts
  • 2183 Reply Likes
You need to sue the school if they "require" you to have HOME internet and you can't get it.   Make them buy you a house in a location with fiber internet,.. why not?
(Edited)
Photo of GabeU

GabeU, Champion

  • 2128 Posts
  • 1296 Reply Likes
Internet is required in nc school systems at home. 
But no particular ISP is required to supply your home with it, nor is the ISP you do contract with required to guarantee that any particular activity will work, including a  school work connection.  

Though I do empathize with your situation, you're making spurious claims of responsibility.  
Photo of Bev

Bev, Champion

  • 3287 Posts
  • 1463 Reply Likes
I stopped reading the original post after the first two words. Every one of us signed the contract which includes " YOU AND VIASAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING"

So no class action - whatever the rest of the post said is irrelevant after those two words.

https://www.exede.com/documents/master/customer-agreement.pdf  If you want to read the entire customer agreement.
Photo of Heath Miller

Heath Miller

  • 10 Posts
  • 2 Reply Likes
OK, so we would have to sue them directly. Also, you seem to forget most of us never saw or explained there was an agreement. And the agreement is up for a judge's interpretation. I highly doubt a judge would side with Viasat that a fraction of a MB per second qualifies as "unlimited." There is an expectation that unlimited means the service will work, albeit in a limited capacity. If it fails to function, I would argue they have failed to provide the service we are paying for, and Viasat is in breach of contract.
Photo of Harold Ranous

Harold Ranous

  • 4 Posts
  • 12 Reply Likes

They breached the contract by not providing service as promised, so the contract is null and void at that point. 
Photo of Bains9999

Bains9999

  • 25 Posts
  • 4 Reply Likes
I am again STUNNED!!

Lots of complaints and no ViaSat representation in the conversations.  Smells to me like financial trouble and cost cutting to maintain their corporate presence.  In other industries you could sense a Chapter 11 or Chapter 7 scenario.  It may be the case here.

I am a new (less than two weeks) customer.  So far there are two open Technician Complaints with no response by ViaSat.

My router keeps track of traffic and it seems that the ViaSat traffic meter for the account is overstating traffic on my connection by 42%. 

Class action is probably not in the cards -- recent supreme court decisions make the ViaSat clause against Class Action enforceable.  No class then no attorney will be interested in the circumstance.

However, each plaintiff can file a small claims court action.  Documentation is easy to obtain and generally small claims actions are consumer friendly.  Imagine, a small claim action each month that the company bills you for fraud.  Imagine if that that same action occurred for hundreds of customers across the nation. 

The only downside is that ViaSat might terminate your account and if you do not have a backup plan then it could be an issue.  The other downside is that they could slow down your speed dramatically in retaliation. 

I want every vendor I deal with to be successful and serve their clients with good products.  That seems to be in question here with ViaSat. 

Photo of GabeU

GabeU, Champion

  • 1829 Posts
  • 1142 Reply Likes
The recent issues have nothing to do with ViaSat's financial stability and everything to do with reduced throughput of the VS2 satellite because of antenna issues.  

ViaSat isn't going anywhere, including bankruptcy court.  
Photo of VeteranSatUser

VeteranSatUser, Champion

  • 5133 Posts
  • 3175 Reply Likes
Residential internet is a very small portion of their business.  I can even argue they are not going to be long-term players in the U.S. satellite internet market.  Their new focus is Mexico and other third-world countries where the internet infrastructure is poor or not existent and their is less competition.


I am surprised Bains that you got Viasat internet and after two weeks you now find their are issues with it.  Did you do any advanced research into what you were installing?  Why did you decide on Viasat in the first place?
Photo of Steve Frederick-VS1/Beam314

Steve Frederick-VS1/Beam314, Champion

  • 3092 Posts
  • 1983 Reply Likes
@Bains9999. I don't know how you are measuring your data usage to come up with a 42% difference from the Viasat meter. I measure mine with my ASUS router with trraffic monitoring, have been for years. I log both the Viasat meter reading and my ASUS router reading each day in a spreadsheet. I typically see about a 1% difference in the meter readings each month.

My router measures all data used by my network, on every one of the many devices n my home network.
Photo of Stephen Rice

Stephen Rice, Champion

  • 2667 Posts
  • 1395 Reply Likes
@Bains9999.  What plan are you on and how much priority data have you used for your current billing cycle?
Photo of Bains9999

Bains9999

  • 25 Posts
  • 4 Reply Likes
To answer the questions that were asked...

I have the Liberty 25 plan with a SB2PLUS_V1_IDU modem and SatteliteID = ViaSAT-1using Beam number 324.  I am well below my priority data plan limit.

With only two weeks of service there have been two Technician Complaints opened -- the quality of installation and service is very poor.  My sense is that has to do with their sales and installation business model. 

I have a TP-Link router with two WAN ports -- DSL and ViaSat.  Traffic measurement seems to be accurate for prior occurrences but may be an issue for the ViaSat connection.  TheTp-Link folks are working with me on this data and its accuracy.  At this point there is a discrepancy and it so large that my sense there is a mistake so investigation is ongoing.   

As of this morning using DSL Reports I am getting about 3 Mbps -- the essential equivalent of my DSL connection.  When each leg is tested independantly the ViaSat link is a reasonable 15 Mbps but the combined seems to be very low.  More technical research will be needed to be able to standby these data.  By all standards the combined speed is sucko-bucko but that may be a configuration or equipment issue.

It is interesting to note that VeteranSatUser, is a frequent forum contributor and seems quite vocal about the his speed and poor service in other posts but at the same time makes snide comments about doing research before buying.  To answer him directly, everyone does some research Obviously nobody is as smart and though as he is with their research.  In the end my question for him is how's that going for you?

My only observation to GabeU regarding financial position is that his optimism is not reflected in the current market view of the balance sheet and customer satisfaction surveys and financial analyst opinions.  ViaSat is not a Sears but then they have some obvious issues.

I was a prior Exede customer several years ago and if someone looks at my recent post they will see that that lasted less than a week and there was no ETF after the local small claims court made their judgement.  I thought I would try again to get better speed.  So far it has not been entirely successful. 

My circumstance will play out over the next month or so but it seems clear there has been some fraud by ViaSat for existing customers and lots of dissatisfied customers.  Threads like this are excellent windows into various issues and great documentation for small claims court if required. 


Photo of Jab

Jab

  • 1158 Posts
  • 164 Reply Likes
@Bains9999...two WAN ports -- DSL and ViaSat.

YMMV, but I would never mix a low latency with a high latency WANs.

When Viasat rolled out Exede service in 2012, on VS-1 and augmented beams...initially, they had a data-counter issue, which was resolved back then. I'm not aware of this complaint being valid in years.  Back then, yes.

Viasat can examine what is consuming data...if you contact them.  If true, I suspect your two WAN setup is creating the issue, via duplicate requests being sent...due to latency difference.  Make sure you inform TP of this latency difference.
Photo of Brandon Fisher

Brandon Fisher

  • 92 Posts
  • 16 Reply Likes
you know if you could afford a class action lawsuit against this company how about doing yourself and us all that suffer from slow speeds and make us a fixed wireless isp or have lines ran since you have the massive money its gonna take to sue them. Because if you think your local country bumpkin lawyer is going to even remotely insult them is laughable. Do yourself a favor now and stop you can't win and your gonna just get eat up by trolls
Photo of skipbo2015

skipbo2015

  • 37 Posts
  • 10 Reply Likes
"Up to."  "Up to."  "Up to."   And also read the fine print in your contract.   They're already way ahead of you in any court case.  Unlimited only means they will never cut you off totally.  It may be .000001 mbs but they are still within what you agreed upon in the contract.   The judges hand are tied.   Pretty clever and shady, eh?
(Edited)
Photo of ExSatUser

ExSatUser

  • 996 Posts
  • 609 Reply Likes
Tis the weekend
Photo of Heath Miller

Heath Miller

  • 10 Posts
  • 2 Reply Likes
I think we need a judge to rule on what they can call unlimited. If they can call a servuce that fails to work, "Unlimited," Then so be it. I'm pretty sure there is a reasonable expectation to be able to use the internet when throttled in an unlimited plan.

This conversation is no longer open for comments or replies.