Class action suit against Bell Sympatico

Bell Sympatico had  falsely suspended my Internet contract recently to likley avoid a lawful  lawsuit from me. Instead mow I find it ironic that Bell is being sued, is facing a class action suit,  about the same time they Bell had falsely cut of my internet services,  with a Bell false excuse as well, Bell is being sued  by the others and they are asking for the same amount of money, damages that I  am personally asking them rightfully for too, about 2500 dollars specifcally for Bell Sympatico’s  unacceptable breaches of my ISP contract obligations the last many years.. See my post, notes on Contract law. http://thenonconformer.wordpress.com/2008/04/27/basic-contract-law/

 “Corporations like Bell Sympatico neglects its customers in order to attain better profit for itself and the shareholder and they should be held liable for making false claims about their services and breaking the law!! Why should they be allowed to get away with this;” Many  Consumers are realy not happy about Bell and it’s capping too.
 
http://arstechnica.com/news.ars/post/20080602-new-filings-reveal-extent-damage-of-bell-canada-throttling.html  http://www.cbc.ca/technology/story/2008/06/02/tech-quebec.html  I have lived with Bell Sympatico DSL throttling for the past year. EVERY day from between 5pm and 2am these bastards throttled all P2P traffic ( including valid VPN apps, and other legit P2P, not just downloading random bit torrents etc. ) to 20 KBps max. Yes, that’s right, 20 to 30 KBps max for 9 hours every single day without fail. I could time when 2:02 am hit, then it would jump right back up to 500 KBps max downloading on my torrents.   Why didnt I switch ISP’s before this? Cuz my landlords paid a full year in advance for Sympatico DSL service to get “no monthly download caps”. So now the year is up, we have switched to www.yak.com, not only is it cheaper, it is truly unlimited with no monthly download caps. Now that Sympatico/Bell has been FORCED to stop throttling P2P/encrypted traffic with this class action lawsuit, all 3rd party ISP’s that buy off Bell’s DSL backbone no longer have problems with their damn throttling either!! $35/month including DSL modem rental, monthly fee ( you dont have to sign up for 1 , 2, or 3 year contract like you do with Sympatico ), so $10 cheaper and no overusage download fees..    I friggin HATE Sympatico, and to a lesser extent Rogers.. although Rogers learned their lesson and doesnt throttle torrents anymore.. my buddy gets 800 KBps P2P download speed all the time lately… good…” http://www.xbitlabs.com/forum/viewtopic.php?p=201335&sid=3acea536c8fac131f24d931f49295da5
 
L’Union des Consommateurs and a Quebec consumer have launched a class action lawsuit against Bell Canada over its throttling practices.  The suit, which is seeking certification on behalf of all provincial subscribers, argues that the practices deliberately slowed consumer services and raises privacy issues.  It seeks a refund of 80 percent of the monthly subscription price, in line with the reduction in advertised speeds.  It further seeks $600 per subscriber to compensate for false advertising and $1500 for privacy rights violations. A Quebec group called L’Union des consommateurs, along with Bell customer Myrna Raphael, are accusing Bell of false advertising, as a result of its practice of throttling traffic at peak hours. Raphael is said to have signed a three-year ADSL contract in 2006, partly on the basis of Bell’s claim of “constant speed” at all times; by enabling throttling last fall, says Raphael, Bell broke its agreement.  Bell is further accused of violating users’ privacy, by using a technology called deep packet inspection (DPI) as part of the throttling process. Although DPI may be used for beneficial purposes, such as the control of spam, viruses and hacking, it has also been implicated in more sinister uses such as censorship, net neutrality violations, and government spying in countries like China and the US.  http://www.michaelgeist.ca/content/view/2979/125/
 
Consumers have come together in Canada in a class action lawsuit against Bell Canada for the company’s practice of throttling traffic. There are two charges involved in the lawsuit. The first is for false advertising; the company had advertised the offer of a constant speed at all times which isn’t true if throttling is going on. And the second is for violating users’ privacy through the use of deep packet inspection. Those filing the suit say that the ISP throttles about eighty percent of the time and they are therefore seeking a return of eighty percent of the customers’ monthly subscriptions along with additional fees for each of the two violations. It’s only in Quebec, because it’s a Civil case, which is not possible outside of Quebec in Canada.  Quebec has a completely different legal system than the rest of Canada and the US. Only for civil cases, not criminal cases. Criminal code is uniform throughout Canada   The rest of Canada and the United States is derived from English Common Law. Quebec is derived from Code Napoleon. This is the same province who’s judges just re-wrote the interpretation of law (in the opinion of the majority of legal opinions) with the court of appeal’s overturning of a lower court ruling about BCE bondholders and the pending takeover of the company by OTPP. We’ll see how the Supreme Court goes on that one, but never underestimate the Quebec court system’s ability to interpret the law in new and interesting ways –About Class Action Lawsuits in Canada  A class action allows one person, called a representative plaintiff, to start a lawsuit on behalf of himself/herself as well as all others who fit into the defined class, subject to the rights of class members to withdraw or opt-out. This means that a single person can commence a class action on behalf of hundreds or thousands of people. Ontario, British Columbia, Quebec, Saskatchewan and Newfoundland are the only five provinces in Canada with Class Action Legislation in effect. The Supreme Court of Canada has recently ruled that court procedures allowing representative actions can be interpreted so as to allow for class actions.   Class action legislation in Canada allows greater access to justice by permitting groups of people who are similarly affected to join together in commencing legal action.  »www.avalanchesearch.com/classactionlaw/
 
I am not the only one asking Bell Sympatico to pay me back for my breach of their internet services.
 
Bell is not the only internet service provider to throttle customers speeds, as Toronto-based Rogers Communications Inc. has acknowledged doing so. A spokesman for Bell’s main competitor in Quebec, Montreal-based cable provider Vidéotron Ltée, said it does not throttle its customers. The union, however, also launched a class-action lawsuit against Vidéotron last year for forcing download limits on internet customers in the middle of their contracts. The company said it was not violating the terms of those contracts as it gave customers two months warning. The CRTC has given interested parties until June 12 to make their submissions on the throttling issue. Bell will then have until June 19 to reply to those submissions, while CAIP will have until June 26. The CRTC said it will then make a ruling by September. Aside from the Quebec consumers’ lawsuit and the CRTC probe, Bell also has to deal with a complaint filed with the federal privacy commissioner by the Canadian Internet Policy and Public Interest Clinic, a University of Ottawa legal clinic specializing in internet and other technology-related law. In its complaint filed in May, the clinic said Bell’s DPI was invading users’ privacy by reading what sort of data – known as packets – they were transmitting. http://technology.sympatico.msn.cbc.ca/news/contentposting?newsitemid=tech-quebec&feedname=cbc-tech-science-v3&show=false&number=0&showbyline=true&subtitle=&detect=&abc=abc&date=true&pagenumber=3
  

 “If you were half as good at running a company as you were at lobbying, maybe you’d have a better network,”  Quebecor executive vice-president Luc Lavoie who took a shot at the quality of Bell Canada’s cellphone service: . http://news.aol.ca/article/telecom-summit/258999/
   
 The future is wireless, some would say  and the  past way they have mismanaged their past land line, ISP services too,  clearly indicates they will do it also next with the wireless services too at the users, customers expenses…
  
Recent discussions by both Bell and Rogers on their Corporate need  to get more and more money, with even any excuse, still out of consumers, and to throttle the downloads,  only all clearly confirms the reality as to how poorly managed these same companies in reality are still.. They too now have been wrongfully over subsidized by the CRTC, the Canadian  federal governments now too… now it is rather time the citizens got the break, protection.
   
Reality- Dirty Dirty Bell Sympatico …the most abusive Corporation, firm I have dealt in Canada in my lifetime. Paul Kambulow
 
 Not acceptable, and Comments are not  needed  FOR THERE IS NO WAY TO DISPROVE THE TRUTH..

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