So my mom took it upon herself to get herself high speed internet for when I visit, but turns out shes been paying $50 a month for dial up speeds (70kb/s). I read up on suing for libel which requires them to say something they know to be false and as far as I can tell they would be foolish to state a minimal bandwidth speed but they did label it "high speed" and that's like calling a kitten a tiger, anyone in there right mind would know the difference. Also worth noting, not too many companies give internet where she lives (out in the country in NE). I'm not exactly sure I care enough to sue, but there ought be something I can do, I plan on calling them tomorrow, but what should I say/threaten them with. I think everyone here understands how bad it is charging $50 for 70kb/s, I mean that's just wrong taking advantage of people who don't understand what bandwidth is or realize how fast the speed ought to be.

Any help/ideas/frustrating experiences welcome.

edit: Yes 70 kilobytes not bits lol.

Jonoman92

United States9110 Posts

October 25 2011 01:14 GMT

Hmm probably not worth suing, over how many months has she been paying for? $50/month for 70kB/s (I assume you mean kB not kb? 70kb equals about 9kB/sec) which does seem really slow. Though if she really is way out in the country then perhaps that's just the way it is to even have internet at all (but I doubt it...)?

Perhaps call/e-mail the company and voice your displeasure. I guess you could tell them you demand a refund or perhaps a refund at a reasonably rate since $50/month is not reasonable but perhaps $20/month would be.

eXigent.

Canada2419 Posts

October 25 2011 01:17 GMT

I would make sure you take the time to read all the fine print the company has regarding their internet services. They might have it written in there somewhere which prevents anyone from attempting to persue legal action regarding their false internet speeds. Next, I would google the topic and research other companies that may have been sued for similar things. Basically make yourself knowledgeable on the subject before jumping right in. GL!

Battleaxe

United States843 Posts

October 25 2011 01:21 GMT

No lawyer here but "high speed" is a rather ambiguous term in the first place. If the only internet available in the area before the 70kb line was say 36kb or something, then a company with speeds double that of their closest competitors could most likely get away with a "high speed" label.

I think the issue comes down to the availability of the lines and competition. Granted you can pretty much get dial-up for free nowadays through places like netzero, albeit the bandwidth and speeds are weak but still free.

If that company is the only one in the area and people are willing to pay those speeds, as long as they don't come out and say your connection will be x and it's actually y, I don't see where there'd be much of a case.

Even looking at comcast, you see on their website for the mid range net, "Download speeds up to 20 Mbps with PowerBoost®". This is the net I have, and I've never ticked anywhere close to 10mpbs

English

United States475 Posts

October 25 2011 01:21 GMT

Yeah, read the fine print. It may say "speeds up to ## mbps" or something.

FreudianTrip

Switzerland1983 Posts

October 25 2011 01:27 GMT

I bet however much you choose to sue them for that you lose your case based on them saying "up to such and such"

Your Mom probably lives in Bumblefuck or at least away from the exchanges.

dANiELcanuck

Canada217 Posts

October 25 2011 01:33 GMT

70kB isn't bad at all for 50$ in smaller areas (In Canada at least). And it's certainly a lot more than what you'd get with dialup (10x+). I have a feeling there's a lot of exaggeration in the story, definitely want to get your facts straight when you talk about legal issues.

Geovu

Estonia1344 Posts

October 25 2011 01:33 GMT

Damn my computer eats 70kb/s as if it were a peanut, don't know how your mother survives D:

PS I think it wouldn't be a good idea to try and sue. If you really press the issue the Company's Legion of Crack Cocaine Commando Lawyers will make life hell for you, I've watched enough TV to know that much. It's not worth it.

iSometric

2221 Posts

October 25 2011 01:34 GMT

It's not bad comparably to some other places. I'd call the company though and speak my mind.

a176

Canada6688 Posts

October 25 2011 01:46 GMT

#10

internet is usually slow as hell the further you go out, and most consumers do not understand the technology to realize they will not get advertised speeds; this is especially true concerning DSL products.

look into getting cable if she can, or lower her to a cheaper bracket. you will never win against the lawyers

caradoc

Canada3022 Posts

October 25 2011 02:00 GMT

#11

1) dialup speeds are up to 56.6Kb/s
2) Libel is closer to defamation.
3) Phone them and tell them that you're thinking of closing your account because <insert competitor's name> has a better offer and you aren't satisfied with their speeds. 9/10 they will give you a 'promotional discount' (my internet is 50% the cost of what it was before I did this)

Bagration

United States18282 Posts

October 25 2011 02:18 GMT

#12

While a lawsuit is certainly satisfying, I do not feel that it would be worth the time nor the cost. This company is likely to have its own legal division, and chances are what this company is doing is not illegal, simply unethical. I feel that a better strategy would be to cut your losses and switch providers. If you want to get back at this company, remember that negative word-of-mouth marketing is incredible potent.

bkrow

Australia8532 Posts

October 25 2011 02:20 GMT

#13

Cause a fuss at the call centre. Taking it to court is a ridiculous idea; mainly because it will cost you a lot.

Not a lawyer but it is important to note that advertising puffery is not considered a misrepresentation; so subjective statements like "high speed" or "the best view" won't really get you anywhere legally. Other things like caveat emptor come to mind.

Basically unless they have flat out lied to you through statements of fact it'd be a painful process.

edit: we have industry ombudsmen who exist to protect the consumer - maybe something like that exists where you can lodge a complaint like consumer affairs ?

LaSt)ChAnCe

United States2179 Posts

October 25 2011 02:26 GMT

#14

i think you're probably misunderstanding and/or exaggerating, ask them what speed she's supposed to be getting, go to a speedtest site (speakeasy.net/speedtest or speedtest.net) and see what she's actually getting

my guess is that you probably see 70kB when you are downloading a file from a website and misunderstanding what you're seeing as her download speed - run an actual test with no downloads going and find out what she's actually supposed to have, then get back with us with that info

Azzur

Australia6267 Posts

October 25 2011 02:39 GMT

#15

Contact the company and ask for some kind of refund/action, make sure you document everything that you do.

Bobbias

Canada1373 Posts

October 25 2011 02:48 GMT

#16

On October 25 2011 11:26 LaSt)ChAnCe wrote:
i think you're probably misunderstanding and/or exaggerating, ask them what speed she's supposed to be getting, go to a speedtest site (speakeasy.net/speedtest or speedtest.net) and see what she's actually getting

my guess is that you probably see 70kB when you are downloading a file from a website and misunderstanding what you're seeing as her download speed - run an actual test with no downloads going and find out what she's actually supposed to have, then get back with us with that info

This guy hit it on the money. Hell, I'm on a 3mbit internet connection, which is actually rather slow for broadband. Being on 3mbit internet means that my maximum theoretical download speed should be 384 KB/s... I've seen a few programs tell me I'm getting around 320 KB/s, but in reality even hitting 300 KB/s is rare, I usually see around 150-160 KB/s (though 200 KB/s isn't that rare). You never see the sort of theoretical maximums that the companies say you could get.

I'd suggest shopping around, looking at every offering, and if you find a company that offers a better connection speed, or a better price for the same speed, then you can either move to that company, or play it off on the company your with right now and see if they'll beat it.

icydergosu

528 Posts

October 25 2011 03:29 GMT

#17

To answer your question, no you cant.

Please post a link to the ISP, location of your mom and her package name she signed up for.

Sprungjeezy

United States1313 Posts

October 25 2011 03:40 GMT

#18

I realize I didn't separate the paragraph, but I am well aware I don't have much of a "case" but was more curious as to what to say/threaten them with and I got my answer from caradoc and bkrow, thanks.

edit: And yes I realize that my thread title is somewhat misleading, but it was made out of frustration/anger - I mean seriously 70kB/s for $50 is robbery.

Jayme

United States5866 Posts

October 25 2011 04:04 GMT

#19

On October 25 2011 10:34 iSometric wrote:
It's not bad comparably to some other places. I'd call the company though and speak my mind.

For 50 bucks I get 20x that most of the time.

I feel bad for people in the country

LaSt)ChAnCe

United States2179 Posts

October 25 2011 12:44 GMT

#20

On October 25 2011 12:40 Sprungjeezy wrote:
I realize I didn't separate the paragraph, but I am well aware I don't have much of a "case" but was more curious as to what to say/threaten them with and I got my answer from caradoc and bkrow, thanks.

edit: And yes I realize that my thread title is somewhat misleading, but it was made out of frustration/anger - I mean seriously 70kB/s for $50 is robbery.

K I'll bite. 70kB/s is not your speed. Isps in the US package their internet in bits, not bytes, so I know that that's just what you see in your downloads and misinterpret for your actual speed. chances are your internet is fine and you are just a kid who wants to make noise

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