- Report: #288416
Complaint Review: AllSat Dish Network - Springfield Missouri
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AllSat Dish Network
3040 W. Republic Rd. Ste. A Springfield, 65807 Missouri, U.S.A.
Phone:
800-425-5728
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AllSat, Dish Network Guilty of Fraud, Credit Extortion Springfield Missouri
I am filing this complaint against AllSat, Inc. and Dish Network in response to a false claim of $325.00 in unpaid penalties submitted to the credit reporting agencies. This fraudulent claim has lowered my credit score by over 100 points and comes just as I am relocating to a different city.
AllSat, Inc. sent me a letter dated 04/24/2007, regarding "a violation to the Terms & Conditions." AllSat alleges that I agreed to a document entitled, "AllSat, Inc. Offer Terms and Conditions" enclosed in the correspondence in which they state that I owe $325 for the violation.
As instructed by the letter, I replied to their billing department via email ([email protected]) and to the president of the company Ben Soldberg ([email protected]) on May 22. In a follow up telephone call today (May 24), the customer service representative claimed not to have received my emails and informed me that I have been turned over to their collection agency.
Seven months prior to this I placed a phone order with AllSat, Inc. (a sub-contractor of Dish Network) for installation and service of Dish satellite television. Within one month of my order the high definition service for local channels ABC, CBS, NBC and Fox were discontinued as a result of a law suit. This rendered my top-of-the-line high definition television package worthless. After unsuccessfully trying to rectify the situation with Dish Network I cancelled my service.
I am an independent high-tech consultant and relocate frequently. With this in mind I amended the Dish Network agreement both on the front and back before I signed it and refused to sign my initials agreeing to the 18-month service contract. The amendments made to the agreement explicitly released me from any service obligation to either AllSat, Inc. or Dish Network.
In addition to striking all pertainent clauses of fine print, I stated in writing above the signature line that I did not agree to be bound by any service contract and did not agree to a termination penalty of any kind. Both AllSat, Inc. and Dish accepted this agreement when they activated my service.
I ordered from AllSat because I found an marketing offer on the Internet through a recommendation website. I linked to AllSat's website briefly and called the number provided on the top of the website to inquire about the offer. As I placed my order with AllSat, Inc., I was offered a discount If I agreed to an 18-month commitment, which I DECLINED. I was then assured by AllSat's customer service representative that there was NO service obligation or termination penalty for the plan that I ordered. Their customer service representative made no mention of any additional terms and conditions whatsoever.
Under general contract law the purchaser must actually agree to be bound by terms and conditions. If there is no agreement then terms and conditions are unenforceable. AllSat alleges that I consented to its terms and conditions electronically by merely visiting its website. However, a decade of legal rulings on this subject clearly demonstrates that purchasers are bound by electronic terms and conditions only if they affirm so by clicking on an agreement mechanism (e.g. "I Agree" box). AllSat, Inc has no such electronic mechanism on either their website or any email communication.
Furthermore, most states hold (including the one I am in) that a purchaser cannot be charged or penalized for a violation to terms and conditions "unless such representation or assurance be made in writing, signed by the party to be charged therewith or by some person thereunto by him legally authorized."
AllSat, Inc, is in willful violation of the Fair Credit Reporting Act (FCRA) under section 602 of the Act (15 U.S.C. 1681) for accuracy and fairness in credit reporting.
AllSat, Inc. and Dish Network have no legal standing as to the claims they have made against me. I hope that I have helped expose AllSat, Inc. and Dish Network as predatory companies that use illegal tactics to extort money and exact costly credit penalties on unsuspecting consumers. AllSat, Inc. and Dish Network are not above the law and should not be allowed to continue to operate as though they are without severe consequences.
James
Irmo, South Carolina
U.S.A.
Click here to read other Rip Off Reports on Dish Network
AllSat, Inc. sent me a letter dated 04/24/2007, regarding "a violation to the Terms & Conditions." AllSat alleges that I agreed to a document entitled, "AllSat, Inc. Offer Terms and Conditions" enclosed in the correspondence in which they state that I owe $325 for the violation.
As instructed by the letter, I replied to their billing department via email ([email protected]) and to the president of the company Ben Soldberg ([email protected]) on May 22. In a follow up telephone call today (May 24), the customer service representative claimed not to have received my emails and informed me that I have been turned over to their collection agency.
Seven months prior to this I placed a phone order with AllSat, Inc. (a sub-contractor of Dish Network) for installation and service of Dish satellite television. Within one month of my order the high definition service for local channels ABC, CBS, NBC and Fox were discontinued as a result of a law suit. This rendered my top-of-the-line high definition television package worthless. After unsuccessfully trying to rectify the situation with Dish Network I cancelled my service.
I am an independent high-tech consultant and relocate frequently. With this in mind I amended the Dish Network agreement both on the front and back before I signed it and refused to sign my initials agreeing to the 18-month service contract. The amendments made to the agreement explicitly released me from any service obligation to either AllSat, Inc. or Dish Network.
In addition to striking all pertainent clauses of fine print, I stated in writing above the signature line that I did not agree to be bound by any service contract and did not agree to a termination penalty of any kind. Both AllSat, Inc. and Dish accepted this agreement when they activated my service.
I ordered from AllSat because I found an marketing offer on the Internet through a recommendation website. I linked to AllSat's website briefly and called the number provided on the top of the website to inquire about the offer. As I placed my order with AllSat, Inc., I was offered a discount If I agreed to an 18-month commitment, which I DECLINED. I was then assured by AllSat's customer service representative that there was NO service obligation or termination penalty for the plan that I ordered. Their customer service representative made no mention of any additional terms and conditions whatsoever.
Under general contract law the purchaser must actually agree to be bound by terms and conditions. If there is no agreement then terms and conditions are unenforceable. AllSat alleges that I consented to its terms and conditions electronically by merely visiting its website. However, a decade of legal rulings on this subject clearly demonstrates that purchasers are bound by electronic terms and conditions only if they affirm so by clicking on an agreement mechanism (e.g. "I Agree" box). AllSat, Inc has no such electronic mechanism on either their website or any email communication.
Furthermore, most states hold (including the one I am in) that a purchaser cannot be charged or penalized for a violation to terms and conditions "unless such representation or assurance be made in writing, signed by the party to be charged therewith or by some person thereunto by him legally authorized."
AllSat, Inc, is in willful violation of the Fair Credit Reporting Act (FCRA) under section 602 of the Act (15 U.S.C. 1681) for accuracy and fairness in credit reporting.
AllSat, Inc. and Dish Network have no legal standing as to the claims they have made against me. I hope that I have helped expose AllSat, Inc. and Dish Network as predatory companies that use illegal tactics to extort money and exact costly credit penalties on unsuspecting consumers. AllSat, Inc. and Dish Network are not above the law and should not be allowed to continue to operate as though they are without severe consequences.
James
Irmo, South Carolina
U.S.A.
Click here to read other Rip Off Reports on Dish Network
3 Updates & Rebuttals
Mattfast1
Centennial,Colorado,
U.S.A.
Allsat, Part Deux
#2UPDATE Employee
Fri, December 21, 2007
First, I find it absolutely ridiculous that when you found that termination fee charged from Dish Network, even after you called, didn't result in you calling them immediately and demanding to have it overturned. Also, the following text, which I have just retrieved from Allsat's website (http://www.allsat.com/terms.php?kbid=1001), firmly establishes their rights to charge you their own termination fee: "You agree to a monthly programming package which includes a minimum of DishFAMILY, America's Top 100, DishLATINO, Great Wall, Arabic Elite Super Pack, Antenna Plus One, Polish Super Pack, Russian Mega Pack, or South Asian Mega Pack programming service, and agree to not terminate such service for any reason during your 18 (eighteen) month service commitment. This 18-month service commitment is part of your agreement with AllSat, and shall be binding upon you even if you choose a "no contract" option with DISH Network. If service is terminated or downgraded below DishFAMILY or DishLATINO prior to eighteen months, or if you elect to use DISH Network's "Dish Pause" service prior to six months, you agree to pay AllSat a termination fee of $295. Your use of the services provided by AllSat and DISH Network shall confirm your acknowledgment of this fee." The best way to buy Dish Network services? Directly from Dish Network's own sales agents. They will customize a package the way YOU want it, give you the options YOU want, and they won't force you into an agreement the way most retailers like Allsat will.
James
Irmo,South Carolina,
U.S.A.
Dish Network could exert control over contractors but CHOOSES NOT TO
#3REBUTTAL Individual responds
Fri, December 07, 2007
In response to Dish Network's employee: Dish Network could exert control over rogue contractors like AllSat but chooses not to. Dish Network is directly responsible for putting consumers at risk by doing business with shady contractors who are apparently not required to answer for their fraudulent actions against Dish customers. I find it hard to believe that a company that spends millions on advertising refuses to protect its brand by initiating controls to reign in harmful and fraudulent practices by one of its contractors. Instead Dish proclaims its innocence by attempting to separate its business from its contractors. That may work inside the board room but that's NOT how consumer perception works. You have a duty to protect your customers from your predatory contractors - period. And yes, Dish Network charged me upwards of $200 for the cancellation - even though they told me that the charge would be reversed after I called. Dish Verdict: GUILTY
Mattfast1
Centennial,Colorado,
U.S.A.
Allsat
#4UPDATE Employee
Fri, December 07, 2007
I work for Dish Network, and see complaints about retailers every day, most notably Allsat. Were you charged a termination fee from Dish Network? If not, I don't see where your claim against Dish Network is, as they did not charge you any cancellation fees. Allsat, however, as an independent company, has every right to charge whatever fees it believes are reasonable, and there isn't anything Dish Network can do to change their policies, as they don't have control over Allsat. The only termination fee Dish charges is a prorated $13.33/month remaining in contract fee. So 18 months * $13.33 = $240. Definitely less than Allsat's $325.
