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DISH Network

reviewed by AshleighD

"EchoStar Communications Corporation has been a leader in the satellite TV industry for over 20 years and is the parent company of DISH Network, the fastest growing pay television provider in the nation." - www.dishnetwork.com

AshleighD
07/21/2009

DISH Network 1

I was forced to cancel my Dish Network service due to the fact that the technician was unable to find line-of-site to install my dish at our new house. I had been happy wish Dish Network for 3 months at my previous residence. When we were informed by the technician that the installation was unsuccessful, we spoke with the customer service representative to find out what we could do. Unfortunately, unless we asked our new neighbors across the street to cut down their trees, there was nothing to be done. The customer service representative informed us that we would be credited $19 to our account and our account would be closed. He said nothing to indicate any further charges to our account, or a cancellation fee for “not fulfilling” our contract. This morning, I checked our bank account to find $243.46 had been charged to our account by Dish Network. When we called customer service we were told by several levels in the chain of command that it is our fault and that we have not fulfilled our contract, therefore we were being charged for cancelling our contract. We were not informed of this charge. Neither the installation technician nor the customer service representative we spoke with on Sunday informed us that we would be charged a contract cancellation fee. The only thing the customer service representative said was that we would have monies credited to our account. It is not our fault that a line-of-site could not be found by the installation technician. We have no control over the placement of satellites in space. We also have no control over our neighbors pine trees that are blocking the line-of-site. So, how does this equal us “not fulfilling” our contract? By charging us the cancellation fee, Dish Network is blaming us for these uncontrollable issues.

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EchoLtyAgnt commented 88 days ago.
it's not our fault you decided to move to a house with no line of sight, we only guarantee the initial installation, the cancellation fee is valid, you should have read the contract.

Lena commented 88 days ago.
If Dish cannot fulfill their contractual obligation to provide service at the new residence, then, legally speaking, the contract is null and void and no cancellation fee should be charged.

See a variety of clauses in any number of service providers including phone, cable, internet, etc as reference in how this matter is typically handled.

Even if Dish writes a specific contract clause about moving and the ETF, it's probably unenforceable based upon contract law and service fulfillment obligations.

@Echoltyagnt, it is indeed your fault, if you work for Dish as your comment implies. The company offers a service which, by definition and in execution, is flaky in certain locations thanks to trees, buildings and other uncontrollable circumstances. Additionally, there's no way to adequately check for these factors prior to moving. If your response is indicative of the company policy, I'd expect a class action lawsuit if one hasn't been filed already.

Looks like you guys have some adhesion clause issues to contend with as well, according to the link. good luck with that.

numbah16tdhaha commented 88 days ago.
Oh snap, tech boy the mystical subcontractor has to stick his nose in this. Echosucker, I have always supported an idea that a customer should be given an out for cancellations that they can do little about, such as moving to a place with lack of line of sight. Nice boob response, too. Nothing like reinforcing the soulless image that some people have of Dish Network. Charlie himself should swoop in from regions unknown to fix this, I think. This is an otherwise happy customer that I've seen none of the bitchy complaints that I usually see on RIA out of and Dish let this person down.

EchoLtyAgnt commented 88 days ago.
(Edited 88 days ago)
@lena: it is not our fault at all that the customer decides to move to an area that can't recieve service, we don't guarantee you can get service at a new residence, its like if someone moves their reciever into a closet and then complains that their ir remote won't change the channel, it was your choice to move it, we dont guarantee the signal will go thru solid objects, nlos at a new address is not a valid reason for waiving a contract.

also, you can absolutely check to see if you have a line of sight at a new address, here's how to do it, look to the southwest sky, if there is an uninterrupted view of it you have a line of sight, otherwise you do not, tough cookies, if it's that important you should have found a different house to move to.
here, this explains everything about contracts and cancellation fees. read it.:
http://www.dishnetwork.com/downloads/pdf/legal/DHA_ Agreement.pdf

Lena commented 88 days ago.
Comparing an intentional act on one's own property (putting a receiver in a closet) with an uncontrollable naturally occurring circumstance (trees on someone else's property) is a logically flawed argument.

Simply having a contract doesn't mean it will hold up in court. See Sprint's ETF case in California as reference.

Anyhow, companies may get away with this bullshit until it gets regulated away by the FCC. Blaming customers for your infrastructural and technological problems as a company is probably better done behind closed doors if you want to avoid a PR mess.

numbah16tdhaha commented 88 days ago.
ECHOSUCKER! You fail, really you do. Does Charlie know you talk like a prick to people? Its okay, though, you keep enjoying that quarterly net subscriber loss. Are the HD wars over?

AshleighD commented 87 days ago.
Just so you know ECHOSUCKER, Dish did indeed take the blame and we were refunded. I do not have words for your attitude.
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