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Warning to DishNetwork Customers!! Do not use auto pay or multi month

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2Late4U

unread,
Oct 22, 2001, 12:02:23 AM10/22/01
to
In article <3bd39637$1...@news1.uncensored-news.com>, "KC"
<whofan<nospam>@mindspring.com> says...

So dispute the charge on your CC and be done with it.

> Below is a copy of my exchange with Dish Network. Be warned, they will keep
> your money when you cancel service. They won't tell me where the
> "TERMINATION OF SERVICE" clause is located and were unbelievably rude on the
> phone.
>
>
> ------------------------ORIGINAL MESSAGE---------------------------
>
> Full Name K. C. Loewen
>
> Question I cancelled my service on 9/18 or 9/20. I was using credit
> card auto pay and my card was charged $71.25 on 9/18. My service was cut off
> but no refund was ever posted.
> When I called to cancel I asked that if the auto pay had gone
> through to please make sure I was give at least a pro rated refund. No one
> said anything at that time about no refund. When I called your customer
> service today after getting my credit card bill I was told that there is no
> refund for pre paid programming ever. The manager named Michael #TQO was
> very rude and would not explain this policy other than to say it is posted
> on the web site. There is nothing on your web site, nor was I told when I
> signed up for auto pay that this was your policy. Why would anyone sign up
> for this if they new you would keep a month's worth of money after
> cancellation? I feel I am owed a refund, pro rated from the 19th of
> September. Please call or e-m me back with your response. I will dispute
> the charge and cc my Visa card bank as well. This is not good customer
> relations from a company that I always enjoyed doing business with. If it
> wasn't for Ultimate TV not being available with a built in receiver I would
> still be a customer. Not after this treatment though.
> KC Loewen
>
> -----Original Message-----
> From who...@mindspring.com [SMTPw...@mindspring.com]
> Sent Friday, October 19, 2001 334 PM
> To feed...@echostar.com
> Subject Billing
>
> Dear Mr. Loewen
>
> Thank you for your e-mail. Per the Residential Agreement and channel
> 100 programming in non-refundable. Below is the section explaining this
>
> TERMINATION OF SERVICE
>
> You have the right to cancel your services for any reason at any
> time by notifying us on the day that you wish services to be disconnected.
> You understand that charges for services, once charges to your account, are
> nonrefundable. For multi-month subscriptions, the cancellation will be
> effective as of the date the multi-month subscription expires. In the event
> you prepay for a multi-month subscription to services and cancel the
> services prior to expiration of the multi-month subscription, you understand

--
*****

2Late4U

ERROR: Reading Pop-Tart® in drive A: Delete kids [y/n]?_

jbuff

unread,
Oct 22, 2001, 2:00:10 AM10/22/01
to
Yep, we all know about it. Why don't you.

If you had any brains at all, you would have found this page on their site

http://www.dishnetwork.com/content/cust_service/bills/index.shtml

or looked at the back of your bill, which says essentially the same thing.

When cancelling Dish service, you wait until the month is up, do not pay the
last bill. If you plan to drop Dish within the month, stop credit card
autopay early, so they won't charge you for next month in advance. Let them
bill you, cancel, then settle up any difference.

Sorry you think you got screwed, but you didn't take the time to look at the
web site, read your bill, or check with this group. What did you expect.

--jbuff

KC @mindspring.com> wrote in message
<3bd39637$1...@news1.uncensored-news.com>...

>and agree that you are not entitled to any refund of the unused portions of
>the multi-month subscription. For month-to-month subscriptions, the
>cancellation will be effective at the end of the period covered by the last
>monthly bill. No refunds will be provided.
>
> If you fail to pay your bill when it is due, we have the right to
>terminate your services without notification.
>
> If you cancel your services or fail to pay your bill when due, you
>are still responsible for payment of all outstanding balances
>accrued(including any financed purchases), including late payment fees and
>other charges permitted by law.
>
> Your business is greatly appreciated and we thank you for allowing
>us to be of assistance to you. If you have any further questions or
>concerns, please refer to www.dishnetwork.com <http//www.dishnetwork.com>
>or reply to this e-mail and include all previous correspondence so that we
>may assist you promptly.
>
> As a current customer, you may also use our website to view your
>current or previous billing statements, add services, or make payments to
>your account. Please use the link below to launch yourself to the most
>user-friendly Customer Support Center available today.
>https//customersupport.dishnetwork.com/customercare/UserManagement/login.js
>p
><https//customersupport.dishnetwork.com/customercare/UserManagement/login.j
>sp>
>
> Thank you,
> Erica M.
> Customer Care
> DISH Network
> jb
> Please include all original messages when replying.
>
>10/21/01
>Where is this statement to be found? Why was I not told this when signing
up
>for auto pay and when canceling? You are flat out stealing from me. You cut
>my service off on the day I cancelled but you are happy to keep 28+ days
>worth of my money for services not rendered. Not a very ethical way to do
>business but I guess it's your vision of the American dream. I will be sure
>to spread the word in the Usenet groups and to all I know to not sign up
for
>auto pay or multi month programming. I sure hope Direct TV is more honest.
>
>KC
>
>______________________________________________________________________
>Posted Via Uncensored-News.Com - Still Only $9.95 -
http://www.uncensored-news.com
> With NINE Servers In California And Texas - The Worlds Uncensored News
Source
>


syber

unread,
Oct 22, 2001, 8:00:44 AM10/22/01
to
In wisconsin we have the satellite communications act. When I canceled DISH
service I asked that my remaining balance for unused service be returned.
DISH refused saying they will keep my money. I complained to our states
consumer fraud unit. Also there was "no" residential service agreement
signed with DISH. Not every one signs one. They advised DISH of the number
of state statutes which were being broken due to their refusal to return the
money paid them in advance to the cancelation. Because of the existance of
these laws I was refunded the full amount for the remaining month of service
I never used. A charge on the charge card should be refunded as well for any
services not used.
"jbuff" <jbuf...@my-deja.com> wrote in message
news:tt7dd62...@corp.supernews.com...

m

unread,
Oct 22, 2001, 10:44:39 AM10/22/01
to
Unfortunately, this is a perennial problem and topic of discussion on this
newsgroup.

E*'s practice is bad, unethical, and contrary to consumer protection laws in
several states.

Best thing to do is to write a very brief cover letter demanding a refund.
and send it to your credit card bank, the attorney general's office of your
state, and E*.

Just be sure to say, you were charged for services that were not rendered.
That is FRAUD, plain and simple.


Doug Ashford

unread,
Oct 22, 2001, 11:29:57 AM10/22/01
to

You can *say* that, but it's not true. You were charged for services
that were rendered, but simply not used. That's different.

It's annoying, but the answer's already been posted here: get off of
credit card autopay at least a month before you want to terminate
service. Don't pay the last bill when it comes, but settle up for the
adjusted amount.

Doug

Joe

unread,
Oct 22, 2001, 11:52:08 AM10/22/01
to
IMO, the best way to combat this fraud is to leave it on the credit card,
and then file a dispute. Let the credit card do all the fighting, while you
sit back in your easy chair!


"Doug Ashford" <dash...@prodigy.net> wrote in message
news:3BD43ADC...@prodigy.net...

TNGTony

unread,
Oct 22, 2001, 12:09:54 PM10/22/01
to
"KC @mindspring.com>" <whofan<nospam> wrote in message
news:3bd43f36$1...@news5.uncensored-news.com...
> I did search the web site and did not find what you did. The guy at Dish
> couldn't tell me where it was on the site either. On the bill it says to
> refer to an agreement supposedly included with the system. I thought I
kept
> everything but I could not find it. This should be on every bill. As for
> this NG I wish I had known in advance so I could've relied on your
personal
> expertise.
>

Residential service agreement Part 3 "Cancellation of Service" section E
(Paragraph 5)
<https://customersupport.dishnetwork.com/customercare/agreements/residential
Agreement.jsp?>

"You understand that charges for Services, once charged to your account, are
nonrefundable. For monthly subscriptions, the cancellation will be effective
at the end of the period covered by the last monthly bill. No refunds or
credits will be provided in connection with the cancellation of monthly
subscriptions. For annual or other multi-month subscriptions, the


cancellation will be effective as of the date the multi-month subscription

expires. Because you are receiving a discounted price in exchange for your
agreement to pay for your services on an annual or other multi-month basis,
in the event you cancel the Services prior to expiration of your multi-month


subscription, you understand and agree that you are not entitled to any

refund or credit for the unused portions of the multi-month subscription and
that we have the right to retain any prepaid monies as liquidated damages."

Here is the entire Residential Service Agreement:

RESIDENTIAL CUSTOMER AGREEMENT
Effective as of June 1, 2001 until replaced


----------------------------------------------------------------------------
----

THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH DISH NETWORK
WILL PROVIDE ITS SERVICE TO YOU. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR SERVICE. IF
YOU ARE A NEW DISH NETWORK CUSTOMER, YOUR ACTIVATION OF A DISH NETWORK
ACCOUNT AND RECEIPT OF DISH NETWORK SERVICES SHALL CONSTITUTE YOUR
ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND CONDITIONS WILL BE LEGALLY
BINDING UPON YOU. IF YOU ARE AN EXISTING DISH NETWORK CUSTOMER, YOUR
CONTINUED RECEIPT OF DISH NETWORK SERVICES FOLLOWING RECEIPT OF THIS
AGREEMENT SHALL CONSTITUTE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS, AND,
ACCORDINGLY, THEY WILL BE LEGALLY BINDING ON YOU.


----------------------------------------------------------------------------
----

Thank you for choosing DISH Network for your television service provider.
DISH Network is happy to answer any questions you may have and to provide
you with technical and other customer support through the following
toll-free number and email address:

1-800-333-DISH
feed...@echostar.com


or you may write to:
DISH Network
Customer Service Center
P.O. Box 33577
Northglenn, CO 80233


and, for general knowledge, try our website at www.dishnetwork.com.


----------------------------------------------------------------------------
----

THE DISH NETWORK SERVICE.


Services Defined. DISH Network offers a wide variety of video and audio
programming and other services and we are constantly striving to add new
services to our lineup. For purposes of this Agreement the term "Services"
shall mean the programming available on DISH Network (whether subscription
based or pay per view based) and any other services that we may provide to
consumers either now or in the future. For purposes of this Agreement the
terms "You" or "Your" refer to you, the DISH Network subscriber.


Programming Changes. Except as otherwise set forth in this Agreement, you
may change your programming selection at any time by notifying us. A fee may
apply to such changes (Change of Service Fee). In addition, you may be
charged a fee (Service Access Fee) if you fail to subscribe to one of DISH
Network's basic programming packages which include America's Top 50,
America's Top 100/CD, America's Top 150, DISH Latino or DISH Latino Dos.


Programming Availability. Certain Services transmitted by us, including
but not limited to some subscription Services, sporting events and broadcast
network Services, may be blacked out in your area of reception. If you
circumvent or attempt to circumvent any of these blackouts, you may be
subject to legal action. You must be at least 18 years of age, or the
applicable age of majority where you reside, in order to receive
adult-oriented programming services.


Ordering Pay Per View. You may order DISH Network pay-per-view Services by
using your on-screen Program Guide and remote control unit to select the
movies and other events we offer. To order DISH Network pay-per-view
Services, your DISH Network DBS digital receiver must be connected to a
telephone outlet. You may also order DISH Network special events and
pay-per-view Services over the telephone by calling the Customer Service
Center or by using our automated system through the following toll free
numbers:


1-877-778-MOVI (6684) for ordering movies
1-877-363-EVNT (3868) for ordering events
1-877-778-ADLT (2358) for ordering adult movies


A small fee will apply for use of the automated system (Pay-Per-View
Automated Fee) or the Customer Service Center (Pay-Per-View Fee).

Private Viewing. DISH Network provides Services to you for your private
home viewing, use and enjoyment. You agree that the Services provided will
not be viewed outside of your private residence. You are permitted to
exhibit the Services solely in your private residence and not in any other
areas. The Services may not be rebroadcast, transmitted, recorded or
performed, nor may admission be charged for listening to or viewing any
Services provided by us. If we later determine that you utilized your DISH
Network Equipment (including any additional DISH Network receivers) or sold,
leased or otherwise gave possession of the same to a third party who you
knew or reasonably should have known intended to use it to permit the
viewing of the Services in a commercial establishment or any other area open
to the public, we may terminate the Services and in addition to all other
applicable fees, you agree to pay us the difference between the price
actually paid for the Services and the full commercial rate for such
Services, regardless of whether we have or had the commercial rights to such
Services. The payment of that amount and/or the termination of Services
shall not prejudice our ability to exercise any other rights and remedies we
may have under this Agreement, at law, in equity, or otherwise.


Additional Receivers. To independently tune additional televisions within
your home, a separate DISH Network receiver is required for each television.
DISH Network will allow you to place up to five additional receivers on your
account. Each additional receiver would be authorized to receive the same
Services as your initial receiver. DISH Network will charge you a reduced
monthly fee (Additional Receiver Authorization Fee) for each additional
receiver added to your account. This option is only available if your
initial DISH Network receiver and all additional receiver(s) are located at
the same residence and are continuously connected to the same telephone
line. If you desire to receive Services at two different locations, you must
open a separate account for each location. You agree that you will not
directly or indirectly use a single account for the purpose of authorizing
Services for multiple DISH Network receivers that are not all located in the
same residence and connected to the same phone line. If we later determine
that you did, we may terminate your Services and, in addition to all other
applicable fees, you agree to pay us the difference between the amounts
actually received by us and the full retail price for the Services
authorized for each DISH Network DBS receiver on the account, whether owned
by you or not. The payment of that amount and/or the termination of Services
shall not prejudice our ability to exercise any other rights and remedies we
may have under this Agreement, at law, in equity, or otherwise.


Changes in Services offered. DISH Network reserves the right to change the
Services that we offer, and our prices or fees related to such Services at
any time. If the change affects you, we will provide you notice of the
change and its effective date. The notice may be provided on your billing
statement or by other communication permitted under Section 9B. In the event
of a change in the contents of any programming, programming packages or
other Services, you understand and agree that we have no obligation to
replace or supplement the programming, programming packages or other
Services previously offered that have been deleted, rearranged or otherwise
changed. You further understand and agree you will not be entitled to any
refund because of a change in the contents of any programming, programming
packages, or other Services previously offered.


Multi-Month Subscriptions. For multi-month subscriptions, you may
downgrade the Services only at the time of renewal. You may not downgrade
the Services during the term of the multi-month subscription.


BILLING POLICIES AND PAYMENTS FOR SERVICES.


You agree to pay all amounts billed for Services and to pay all taxes, fees
and other charges, if any, which are now or may in the future be assessed on
the Services you receive from us. Unless you prepay for a multi-month
subscription to Services, we will bill you each month, in advance, for
Services ordered by you or anyone who uses your DISH Network Equipment,
whether with or without your permission, until you cancel the Services. The
bills you receive will show the total amount due, the payment due date,
payments, credits, purchases and other charges to your account.


You agree to pay us in full monthly by the payment due date for the Services
and for any other charges due us, including any fees set forth in this
Section 2. Payment of your bill after the due date will result in you paying
us a Late Payment Fee. Other fees and charges may also be assessed. If
partial payments are made, they will be applied first to the oldest
outstanding bill. If you send checks or money orders marked "payment in
full," we can accept them without losing any of our rights to collect any
other amounts owed by you, notwithstanding your characterization of the
payment. DISH Network does not extend credit to our customers, and the Late
Payment Fee is not interest, a credit service charge or a finance charge.
You understand and agree that in the case of late payment or nonpayment for
any Services ordered by you or for any of the charges stated below, we may
report such late payment or nonpayment to credit reporting agencies. If you
do not pay your bill by the due date, we have the right to disconnect your
Services at any time thereafter, in our sole discretion. DISH Network may
require you to pay all past due charges, a Reconnect Fee, a deposit equal to
a minimum of one month's advance charges and all outstanding balances
accrued through the date of deactivation, before we reconnect your Services.
Deposits will not be held segregated from other funds and shall not earn or
accrue interest.


If you at any time fail, neglect, or refuse to make timely payments
hereunder, or if a petition in bankruptcy shall be filed on your behalf or
against you, or if you take advantage of any insolvency law or become
insolvent or make an assignment for the benefit of creditors, or if a
receiver, liquidator, or trustee is appointed for your property or affairs,
we shall be wholly relieved from our obligations hereunder.


If you paid for an annual or other multi-month subscription to any Services
and your account is past due for any amounts owed to us, at our option we
may suspend any or all Service until payment is received, and/or convert
your annual or other multi-month subscription to a monthly subscription. If
we convert your multi-month subscription to a monthly subscription, we will
first apply the amount you paid for your multi-month subscription to any
past due amounts and then any remaining amounts to future obligations. If we
elect to offset the amount paid for the remaining portion of a multi-month
subscription against amounts past due, you agree to pay, in addition to all
other applicable fees, the Offset Fee set forth below for each month and
partial month that the multi-month subscription was previously received.


If we use a collection agency or attorney to collect money you owe us or to
assert any other right which we may have against you, you agree to pay the
reasonable costs of collection or other action. These costs might include,
but are not limited to, the costs of a collection agency, reasonable
attorney's fees and court costs. If there are billing errors or other
requests for credit, you can contact our Customer Service Center by
telephone or in writing. You must contact us within sixty (60) days of the
time you receive the billing statement for which you are seeking
corrections. Failure to timely notify us of a dispute shall constitute
acceptance of the bill. Undisputed portions of the billing statement must be
paid before the next billing statement is issued to avoid an administrative
fee for late payment. All payments for Services must be made directly by you
to us. DISH Network shall have no obligation to provide Services for which
payment is made by you to a third party.


In addition to the amounts due for Services, you agree to pay the fees
referenced below ("Fees") when applicable. DISH Network reserves the right
to increase these Fees or add additional Fees in the future, in our sole
discretion.


Smart Card Replacement Fee $ 50.00
Additional Receiver Authorization Fee (monthly, per receiver) $ 4.99
Late Payment Fee $ 5.00
Change of Service Fee $ 5.00
Duplicate Billing Statement Fee $ 2.00
Overnight Delivery Fee $ 18.00
Restart Fee $25.00
Returned Payment Fee $ 25.00
Service Access Fee (monthly) $ 5.00
Offset Fee $ 2.00
Ledger Request Fee $ 5.00
Pay-Per-View Automated Fee $ 1.00
Pay-Per-View Fee $ 5.00

CANCELLATION OF SERVICE.


Your Service will continue until cancelled as provided for herein. Your
subscription will be automatically renewed unless you contact us to cancel
as provided for in the next paragraph.


You have the right to cancel your Service for any reason at any time by
notifying us via telephone or in writing at the phone number or address set
forth on page 1, above. Please be aware that certain promotional offers have
a minimum subscription commitment (usually 12 months) and if you cancel your
service prior to the expiration of that commitment, certain early
termination fees may apply.


DISH Network has the right to terminate your Services at any time without
providing notice to you if: (i) you fail to pay your bill when it is due;
(ii) we receive confirmation that you have received the Services, or any
part of the Services without paying for them; or (iii) you otherwise violate
the terms of this Agreement.


If you Service is canceled for any reason, you are still responsible for
payment of all outstanding balances accrued, including any applicable Fees.


You understand that charges for Services, once charged to your account, are
nonrefundable. For monthly subscriptions, the cancellation will be effective
at the end of the period covered by the last monthly bill. No refunds or
credits will be provided in connection with the cancellation of monthly
subscriptions. For annual or other multi-month subscriptions, the


cancellation will be effective as of the date the multi-month subscription

expires. Because you are receiving a discounted price in exchange for your
agreement to pay for your services on an annual or other multi-month basis,
in the event you cancel the Services prior to expiration of your multi-month


subscription, you understand and agree that you are not entitled to any

refund or credit for the unused portions of the multi-month subscription and
that we have the right to retain any prepaid monies as liquidated damages.


EQUIPMENT.


In order to receive the Services it will be necessary for you to purchase or
lease certain reception equipment consisting primarily of a DISH Network
compatible satellite receiver, a satellite antenna, LNBF unit and remote
control ("Equipment"). You will also be provided with a conditional access
card (“Smart Card”) that is inserted into your satellite receiver. The Smart
Card remains the property of EchoStar Communications Corporation, the
corporate parent of DISH Network and any tampering or other unauthorized
modification to the Smart Card is strictly prohibited and may result in, and
subject you to, legal action. You agree to return the Smart Card to us upon
request.


Smart Cards are nontransferable. Your Smart Card will only work in the DISH
Network receiver to which it was assigned by DISH Network. If you report to
the Customer Service Center that your Smart Card was lost, damaged,
defective or stolen we will replace it, as long as there is no evidence of
unauthorized tampering or modification. A replacement fee will apply. In
addition, in order to minimize downtime for your Equipment, DISH Network
will, upon your request, deliver a replacement Smart Card to you via
overnight delivery. Our Overnight Delivery Fee will apply.


DISH Network reserves the right to alter the software in your DISH Network
receiver through periodic updates. DISH Network will use commercially
reasonable efforts to schedule the updates in a manner that result in the
least amount of interference with or interruption to your Service.


Your DISH Network receiver contains certain components and software which
are proprietary to DISH Network. You agree that you will not try to
reverse-engineer, decompile or disassemble any software or hardware
contained within your receiver or our Smart Card. Such actions are strictly
prohibited and may result in the termination of your Services and/or legal
action.


For proper operation of your Equipment, DISH Network requires that you
connect each DISH Network receiver on your account to a telephone line. For
accounts containing multiple receivers, each receiver must be connected to
the same telephone line.


If your DISH Network Equipment is stolen or otherwise removed from your
premises without your authorization, you must notify our Customer Service
Center immediately, but in any event not more than three (3) business days
after such removal to avoid liability for payment for unauthorized use of
the DISH Network Equipment. You will not be liable for unauthorized use
after we have received your timely notification.


LEASED EQUIPMENT.


If you decide to lease your Equipment from DISH Network, such Equipment
shall at all times remain the sole and exclusive property of DISH Network
and we will have the right, at our discretion, to replace it with new or
reconditioned equipment and to remove the equipment upon termination of
Services. None of the equipment shall be deemed fixtures or part of your
realty. Our ownership of the equipment may be displayed by notice contained
on the equipment. You shall have no right to pledge, sell, mortgage, give
away or remove, relocate, alter or tamper with the equipment (or any notice
of our ownership thereon) at any time. Any reinstallation, return of or
change in location of the equipment shall be performed by us at the service
rates in effect at the time of service. You shall not attach any electrical
or other devices to or otherwise alter the equipment without our prior
written consent. DISH Network shall have the right to make such filings as
are necessary to evidence our ownership rights in the equipment, and you
agree to execute any and all documents as are necessary for us to make such
filings. Upon termination of Services, you must notify our Customer Service
Center to schedule the return the Equipment.


You shall notify us promptly of any defect in, damage to, or accident
involving the equipment. All maintenance and repair of the equipment shall
be performed by us or our designees. DISH Network may charge you for any
repairs that are necessitated by any damage to, or misuse of, the Equipment.


TRANSFER OF ACCOUNT, SERVICES OR EQUIPMENT.

DISH Network may sell, assign or transfer your account to a third party
without notice to you. You may not assign or transfer your Services without
our written consent which will not be unreasonably withheld. We may,
however, refuse to allow you to assign or transfer your Services if you
lease your Equipment or if your account has an outstanding balance.


LIMITATION OF OUR LIABILITY.


WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR LIABLE FOR ANY
DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR NONPERFORMANCE ARISES IN
CONNECTION WITH THE TERMINATION OF ALL OR A PORTION OF THE SERVICES, THE
RELOCATION OF ALL OR A PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S), A
CHANGE IN THE FEATURES AVAILABLE WITH YOUR DISH NETWORK DBS EQUIPMENT OR ANY
ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, ACTS OF
ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR CONTROL. WE MAKE NO
WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE DISH NETWORK DBS
EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES ARE
EXPRESSLY EXCLUDED. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE DBS EQUIPMENT
OR RESULTING FROM OUR FURNISHING OR FAILURE TO FURNISH ANY SERVICES TO YOU,
OR FROM ANY FAULT FAILURE, DEFICIENCY OR DEFECT IN SERVICE FURNISHED TO YOU.


It is your responsibility to impose any restrictions on viewing by you,
other members of your household, or guests, and we shall have no liability
to anyone due to or based on the content of any of the Services furnished to
you.


WARNING AGAINST PIRACY.

It is a violation of several U.S. federal and state laws to receive any
Services, or any portion of such Services, without paying for them. The
penalties for violating such laws can range from imprisonment to civil
damage awards of up to $110,000 per violation.


MISCELLANEOUS.


Physical Address/Change of Address. When setting up your DISH Network
account, you agree to provide us with the physical street address where the
Equipment will be located. A post office box does not constitute a physical
address and is not sufficient to meet this requirement. You agree to give us
prompt notice of your change of name, mailing address, physical address
where the Equipment is located or telephone number. You may do this by
notifying our Customer Service Center by telephone or in writing.


Notice. If we send you notice, it will be considered given when deposited
in the U.S. Mail, addressed to you at your billing address or hand-delivered
to you. Our notice to you will also be effective if provided on your billing
statement or by telephone. If you give notice to us, it will be deemed given
when received by us at the address listed on the first page of this
Agreement.


Applicable Law. This Agreement, including all matters relating to its
validity, construction, performance and enforcement, shall be governed by
applicable federal law, the rules and regulations of the Federal
Communications Commission, and the laws and regulations of the state and
local area where Service is provided. These terms and conditions are subject
to amendment, modification or termination if required by such regulations or
laws. If any provision in this Agreement is declared to be illegal or in
conflict with any law or regulation, that provision may be deleted or
modified, without affecting the validity of the other provisions.


Other. This document contains the entire agreement between DISH Network
and you, the customer, and no salesperson, installer, customer service
representative, authorized retailer, or other similarly situated individual
is authorized to change the terms set forth herein. DISH Network may,
however, change the terms and conditions of this Agreement in the future and
will notify you if that occurs. The terms of this Agreement, which either
are expressly stated to survive or by their nature would logically be
expected to survive termination, shall continue thereafter until fully
performed.

m

unread,
Oct 23, 2001, 10:13:09 AM10/23/01
to
No services were NOT rendered. They even tell you they are holding the
money for future services. Ordinary business courtesy and practice is to
give a pro-rated refund. The only exception would be a real "contract" with
a commitment and early termination penalties. Like the "free cell" phone
deal... Dish does have "commitment" deals, those are fair.

But their general practice of not issuing pro-rated refunds for customers
who are no longer "commited" is just UNFAIR and UNACCEPTABLE, and in at
least some jurisdictions, illegal.


ConsumerBot

unread,
Oct 24, 2001, 12:35:32 AM10/24/01
to
Doug Ashford <dash...@prodigy.net> wrote:

>
>You can *say* that, but it's not true. You were charged for services
>that were rendered, but simply not used. That's different.

Are you out of your fucking mind? What the hell are you talking about?
There is no difference here. The services were not rendered TO HIM!

ConsumerBot

unread,
Oct 24, 2001, 12:39:07 AM10/24/01
to
"jbuff" <jbuf...@my-deja.com> wrote:

>Yep, we all know about it. Why don't you.

You know about it, asshole, because it was discussed in this group
before. I would bet you never knew about this clause until you read
someone quote it. What percent of the Dish customers do you think read
Usenet?

TNGTony

unread,
Oct 24, 2001, 8:40:49 AM10/24/01
to

"ConsumerBot" <consu...@yahoo.com> wrote in message
news:d8hctt04u4s75t49f...@4ax.com...

Personally I knew about it because I read contracts before I sign them (or
at least within the 3 day statutory period in which I can cancel it).

"I didn't know" or "No one told me" is a lame excuse in grade school. As
adults, I think we could find other remedies. The information is not
hidden.

See ya
Tony


TNGTony

unread,
Oct 24, 2001, 8:48:37 AM10/24/01
to

"ConsumerBot" <consu...@yahoo.com> wrote in message
news:d4hcttof4khlqovg6...@4ax.com...

> Doug Ashford <dash...@prodigy.net> wrote:
>
> >
> >You can *say* that, but it's not true. You were charged for services
> >that were rendered, but simply not used. That's different.
>
> Are you out of your ------- mind? What the hell are you talking about?

> There is no difference here. The services were not rendered TO HIM!

You go to a McDonnalds and order a burger. You pay for the burger.
Something happens to a family member and you have to go before the burger
comes to the counter. You have to leave. The burger comes to the counter
and you're not there.

Was the service rendered and product provided? Yes.
Were you able to take advantage of the service or product? No.

Don't go any further with this analogy. It's just to show that a service
can be rendered and go unused.

Anyway this whole argument is ridiculous. It all comes down to "No one told
me" when they did. It's just the person who said "No one told me" wasn't
listening. (Didn't read the customer agreement which is included with the
first bill and on the net and sometimes on the sales receipt)

See ya
Tony


Seymour Pohrn

unread,
Oct 24, 2001, 11:31:50 AM10/24/01
to
That's a tangible product, not a service.

"TNGTony" <tng...@remove2reply.one.net> wrote in message
news:ttde7on...@corp.supernews.com...

Doug Ashford

unread,
Oct 24, 2001, 2:04:30 PM10/24/01
to

Fine, then. If you leave your system hooked up and plugged in, you'll
receive the service. If YOU cannot or choose not to stay hooked up,
then you won't receive the service. How can you claim that Dish renders
the service in the first instance and not in the second? Dish didn't do
a thing differently.

Doug

Bob

unread,
Oct 24, 2001, 4:05:28 PM10/24/01
to

"Doug Ashford" <dash...@prodigy.net> wrote in message
news:3BD70215...@prodigy.net...

You seem to be saying that if I pay you to come cut my trees (and I pay you
before you come), but you don't cut my trees, then you get to keep the money
anyway. You haven't fulfilled your part of the bargain. In the case of the
hamburger analogy, both bargains were fulfilled.

And many times, people can't keep their dishes hooked up to receive the
service. If you sell your house, you often do not have any control over
the actual closing date. It could close next week or in a month; you could
sell it tomorrow or never. Here's what happens: you pay Dish today because
you just put your house on the market, and someone offers to buy the house
tomorrow. They want the house immediately, and want to close in a week.
Dish now has your money, and you can't get it back for the portion you
cannot use.


olc-ca...@home.com

unread,
Oct 24, 2001, 6:20:04 PM10/24/01
to
On Wed, 24 Oct 2001 18:04:30 GMT, Doug Ashford <dash...@prodigy.net>
wrote:


The problem is that if you have prepaid the programming and quit, they
keep the money. If you let it run out and use some time you have not
paid for, they prorate the amount. By paying your bill on time, they
screw you.

Seymour Pohrn

unread,
Oct 24, 2001, 7:02:31 PM10/24/01
to
The only problem being, is that most states' consumer protection laws
expressly prohibit what dishnetwork does as a matter of policy . . .

<olc-ca...@home.com> wrote in message
news:gsfettkd4j4gscjfg...@4ax.com...

TNGTony

unread,
Oct 24, 2001, 7:15:35 PM10/24/01
to
> > Fine, then. If you leave your system hooked up and plugged in, you'll
> > receive the service. If YOU cannot or choose not to stay hooked up,
> > then you won't receive the service. How can you claim that Dish renders
> > the service in the first instance and not in the second? Dish didn't do
> > a thing differently.
> >
> > Doug
>
> You seem to be saying that if I pay you to come cut my trees (and I pay
you
> before you come), but you don't cut my trees, then you get to keep the
money
> anyway. You haven't fulfilled your part of the bargain. In the case of
the
> hamburger analogy, both bargains were fulfilled.

:::Sigh:::: I swear that sometimes people WANT to be incredibly thick!

First of all in order for the analogy to Dish Network's contract to work, it
is YOU told me *not* to come. YOU were the one who cancelled the service,
not I. I am prepared to perform my part of the bargain and I even showed up
at your door! YOU declined to have the service done.

When you ask for the refund, I'll quote the contract YOU agreed to when you
contracted me to cut the tree! The same contract I sent you with my invoice
and you probably didn't read but signed anyway.
"You understand that charges for Services, once charged to your account, are
nonrefundable. No refunds or credits will be provided. We have the right


to retain any prepaid monies as liquidated damages."

Again the Dish service agreement has this paragraph:


"You understand that charges for Services, once charged to your account, are
nonrefundable. For monthly subscriptions, the cancellation will be effective
at the end of the period covered by the last monthly bill. No refunds or
credits will be provided in connection with the cancellation of monthly

subscriptions. For annual or other multi-month subscriptions, the


cancellation will be effective as of the date the multi-month subscription

expires. Because you are receiving a discounted price in exchange for your
agreement to pay for your services on an annual or other multi-month basis,
in the event you cancel the Services prior to expiration of your multi-month
subscription, you understand and agree that you are not entitled to any
refund or credit for the unused portions of the multi-month subscription and
that we have the right to retain any prepaid monies as liquidated damages."

See ya
Tony

shouyi

unread,
Oct 25, 2001, 4:15:29 PM10/25/01
to
Just to remind everyone to follow the warning given above, here's my
experience with a different refund:

I purchased a dish pro 501 update from DishNetwork. Waited four weeks and
without the unit. Decided to cancel the order and wait for the 701 or
whatever. was hoping to see $199 refund on my credit card. A month later,
I saw a $52 dollar credit on my credit card account.

Called Dish the first time. someone told me that there was a mistake and
she will take care of the rest of the refund. Two, three weeks later, no
credit.

Called Dish the second time. Someone told me they took part of that money
as my coming month's service autopay, which due in a few days. I don't like
the idea, plus that was only $72, I asked for the rest of the money back.
He said OK. But weeks later, still no more credit.

Called Dish the third time, asked for what's going on. I was told they are
holding the money for the coming month's due. I said "fuck this", told the
rep to change my American 150 to 100, dropped Encore/Starz, drop NBC, FOX
and PBS local. AND CANCEL THE CREDIT CARD AUTOPAY.

I can't drop them all. But I'm learning to hack anyway!

shouyi


jjcavan...@gmail.com

unread,
May 1, 2016, 4:53:27 PM5/1/16
to
I too was screwed by Dish, they gave me such poor service, I had to go to another source.
Plus my landlord is demanding they take their dish off the roof, since they never sought to ask for her permission to install the it and there is a law in Bristol Borough, Pa that the agreement be in writing.

afc...@gmail.com

unread,
May 21, 2018, 4:06:17 AM5/21/18
to
jbuff you a mean person... I don't think you are friendly or understanding at all.
Very glad I don't know you.
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