Courts Turn Against Abusive Contracts

I was surprised this week when a Bell employee from Bell’s accounting department told me on the phone that I should obey, do everything that the Bell president, and  his employee Sasha Rollins tells me to do. Dream on.  Bluntly I replied to the same employee “who the hell does he Sasha Rollins  now think his e really is that I should obey anything, or everything  he says, he firstly is not my master, I do not work for Bell, I am not his employee”.. Bell is getting carried away with their much too many, unenforceable,  exotic, extreme, man made rules now, but they breached my contract still much to often and that itself is really inacceptable still too.  Clearly Bell and their  executive power has falsely now gone to their heads when they even do think they can abuse any others, an ordinary citizen now too. I as a Sympatico customer that does have a contract with Bell, a mutual contract they Bell now also have to respect and that contract now does not make me their slave, subordinate, and them my master, but they are still my legal equals in the matters. They have to respect my contract side now too. Do remind them all of that too at Bell.
 
I KNOW FROM DECADES OF FIRSTHAND EXPERIENCES IN MY ENCOUNTERS WITH COPS, LAWYERS, PASTORS, SO CALLED PROFESSIONALS,  OTHERS TOO, that most often now in reality the very same people who do tend to preach to others that we all must not steal, tell lies, drive drunk, that we must respect other person’s rights, all the laws…  those very  same persons who so readily  tend to preach the rules to others, those very same persons  who  expect all of the others to falsely obey  the rules even now  all the while they most often tend to be the firstly the  very same persons to break most of  the rules themselves, they themselves they do not keep them, and they still also  falsely believe they personally are exempt from living the rules cause  they do preach them  to others.
 
What you had never encountered crooked cops, crooked pastors, crooked lawyers, crooked managers, bad executives, lying no good politicians too?  These same persons  who too  readily judge others, and who demand, want to enforce the rules upon the others, they  cannot see the truth as to who they are firstly, they themselves are now the lying hypocrites.
 
When most a person tries to enforce any rule upon me I immediate rightfully do next often do ask them who they think they are that they think I now have to respect the  man made rules firstly? What makes them think I have to be now their false slave too? And why do they think that they are any kind of boss over me in these matters?
 
For  just cause  someone, a lawyer now too even,  some one made up some set of rules it still does  not mean they are all valid, or legitimately  enforceable now too!  I still have even my right of free speech and I still can say what I want, write what I want too.. even about them now too. Not all man made rules, regulations even in writing are rightfully valid still in reality, and just ask any decent judge on the court of the Queen’s judge and he or she can tell you the same thing too.
 
CALGARY – An employee with the Calgary Police Service has been arrested in a drug trafficking operation and Calgary Policeman was arrested for drunk driving that caused an accident..

 

In the past month, however, two new US court rulings suggest that judges are developing a more sophisticated sense of how corporations conduct online and technology transactions with their customers that Bell Sympatico especially now needs to note. 

    “In Douglas v. U.S. District Court (Talk America) (.pdf), the 9th U.S. Circuit Court of Appeals ruled last month that a service provider may not change contract terms by posting those changes on its website without notification to the customer. In this case, the plaintiff sought to invalidate an arbitration provision like the one in Gatton and a provision stating that New York law would apply to the agreement, because the terms were added to the service agreement after the customer had signed up. The court held that the customer could not be bound to new terms, even by continuing to use the service, if he is not given notification that the terms have changed.” http://www.wired.com/politics/law/commentary/circuitcourt/2007/08/circuitcourt_0801

We all seem to know the used car salesman joke, right? “You can tell he’s lying: his lips are moving.” Those of us who have experienced  real life, especaily in a courtroom or at a deposition, divorce proceedings,  also do know that the same joke can, far too often, be attached to politicians,  lawyers, cops, accountants, many Business persons, corporations, real estate firms and the  ISP providers too.

The Consumerist had not one, but two articles about Verizon today. The best one contained an embedded video, in which a guy phoned up Verizon Wireless fifty-six times to ask two basic questions about their rates. Take a guess as to what percentage of the time he received the correct answer, then see how close you came to guessing right.  ”

“David Lazarus of the The Los Angeles Times blasts Verizon today for withholding contract terms from customers until AFTER they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to: they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to:

Verizon not upfront on contract terms – Los Angeles Times

Excerpt:

For years, credit card issuers have gotten away with withholding contracts from customers until they actually have the plastic in their hands — a practice that denies many people a fair chance to look under the hood for onerous terms and conditions.Now it looks like Verizon has adopted the same technique.

What really struck [Torrance, California resident Sandy Lough] was the discovery that to receive the promised discount for her bundled plan, she’d have to go online and agree to a 2,000-word “bundle service agreement” and a 7,000-word terms of service for Internet access.

This was the first time she was being presented with the full contract for her new FiOS setup, and the service had already been installed and activated.

The LA Times article goes on to mention some of the more notable terms of the contract.  The interesting thing is that it would appear that this is not simply an oversight – that perhaps Verizon deliberately withholds contract terms from customers until they’ve already committed to the service:

As for why the full contract is withheld until after FiOS has been installed in a person’s home, [Verizon spokesman Cliff Lee] said only that “this is the way we’ve found that works.”

What has happened to make large corporations think they can simply change the deal at their whim, after a customer has already signed on the dotted line, without giving the customer the same right?  ” http://michigantelephone.wordpress.com/2008/03/19/verizon-not-upfront-on-contract-terms-los-angeles-times/#comment-417

No large corporation, with almost infinite legal resources and billions of dollars behind them, should be able to use their wealth to put real people at a disadvantage, because it would be presumed that only the corporations   had any legal rights.   Bell included now.

Bell had mislead me and many customers when they had offered their high speed unlimited download interent because their existing equipment, lines did not have the capability to do so too often firstly.
  
What started as a simple phone call by me in January 2007 to Bell tech help line to determine why my internet services were so slow and sluggish next had  become a major farce, cover-up on the part of Bell Sympatico. I was next lied to for months as to the real reasons Bell they rather had offered me their poor internet services to me and  to many others in my city for years now too.. and then Bell had even  lied to me some more, had also breached their contractual obligations to me many times too, had allowed me even to be slandered, abused on the Bell customer forums now too.. and why? so  that clearly greedy Bell can continue stay in business to make more money.. Bell  can’t have it both ways
 
and so who really cares now about the customer’s good welfare in reality? now? What not Bell itself, not the CRTC, not the federal government, not our Prime Minister Stephen Harper, not  the the federal Minister of Consumer Affairs, Jim Prentice..  not  any provincial consumer affairs Minister, but only the citizens, the news media, and the NDP party care about the citizens  good welfare really it seems. Not acceptable for sure too!
 
I also do think it’s reprehensible that Bell, etc., had now advertised unlimited download service and then next complain when you actually take them up on their offer. If a user wants to take full advantage of the service they pay for, they should be entitled to it by law now too.  Still  if they’re unwilling to provide the bandwidth I pay for, during the full duration that I pay for it, then they shouldn’t have been be telling me they can. This is why cable tv & broadband need to be regulated  like  electricity and phone.
 
First of all… it is not the ISP’s job to become the Big Brother police of the internet and world wide web, and it   such is a serious breach of freedom of speech, invasion of one’s personal privacy still too,  they the ISPs are there to provide a good, decent, reliable high speed service thus the term Internet Service Provider, some thing that Bell Sympatico in Canada clearly and wrongfully  has not be able to do for me often too.,, as you can read on this site often too. This Unauthorized bell watchdog needs to firstly look at itself and deal rightfully even firstly with it’s much too many customer contract violations, abuses and ASAP even in reality.
 
Practically all ISPs and there employees do read your e-mails and look at the sites you visit, without a wiretap order.
 
“The network is asserting almost complete control of the users’ ability to use their network as a gateway to the Internet,” said Marvin Ammori, general counsel of Free Press, a Washington-based consumer advocacy group. “They become gatekeepers rather than gateways.”
 
The ISP wrongfully sees itself as the sole judge of disputes in their contract obligations too.
  
This sort of contract, where the subscriber is considered to agree by signing up for service rather than by active negotiation, is given extra scrutiny by the courts. Any wiggle room or ambiguity is usually resolved in favor of the consumer rather than the company.
 
ISPs CAN BLOCK YOU FROM VISITING ANY WEB SITES
 
ISPs CAN WRONGFULLY HAMPER YOU FOR USING YOUR PAID FOR UNLIMITED CONNECTION TOO MUCH TOO LIKE BELL SYMPATICO FINALLY ADMITS IT HAS BEEN SECRETLY DOING BEFORE TOO.
 
The falsehood, misdirection that the Bells AT&T , Verizon, Sympatico aren’t as concerned about bandwidth hogs, because phone lines aren’t shared among households… is not true as well
 
 
So what is the government doing about protecting our privacy and stopping the invasion of our personal privacy in reality? Nothing again?
 
I too would rightfully like to see the provisions that made DPI (deep packet inspection) by ISPs to be made illegal not just by the CRTC but also by the federal government now too, including by Bell , the Big Brother’s false invasion of our home, personal privacy. Since we can readily know that the reasons given for the internet downloading inspections, capping are unjustifiable, what are the actual reasons now for these online now inspections too?
 

 

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  1. Dark Knight

     /  May 6, 2008

    “The large ISPs are more interested in their shareholders than the customers. They do not want to take away from profits to invest in more infrastructure. In fact, they want the customers to pay more for less.”

    CRTC really needs to teach the isp’s a lesson.

    http://www.cbc.ca/technology/story/2008/05/02/tech-downloads.html?ref=rss&loomia_si=t0:a16:g12:r2:c0.0654167

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