Class action suit against Bell Sympatico

You can get out of the Sympatcio Internet contract by cancelling your land line phone service? Or by telling the truth about Bell on the net.
  

Because even many managers in Canada, the government too  are not honest, do not tell the truth, they often also do lie as to the actual reasons their product prices are going up, and/or the quality of their services are going down, thus they are still helping to put themselves out of work, out of business eventually and to be rightfully dismissed too.

 
 Bell Sympatico had  falsely suspended my Internet contract recently to likely avoid a lawful  lawsuit from me. Instead now I find it ironic that Bell is being sued, Bell 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 specifically 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 Bell Comments are not  needed  FOR THERE IS NO WAY TO DISPROVE THE TRUTH..

 

 

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  1. When I go public I often get threats of a lawsuit, not just the politicians sending the police to my door, but I do not back off, and I always seem to tell them to go ahead.. the lawsuit will give the matter more publicity too.. and they back off.

    Can anyone sue for defamation of character/libel/slander for PERSONAL statements made even on the Internet? But if it’s true there is no CASE for defamation or slander. And if it is NOT true they still will have to show specific, related proof of actual damages, not just some supposed potential damages. Furthermore the law still requires that they do reply to all allegations in the manner they had firstly have received them immediately too, within a reasonable period of time, and if they have not bothered to deny, reply to, to object any of the charges of wrong doings, allegations initially, after a reasonable period of time, a maximum of 6 months they not longer can do so, for now it is accepted they are true.

    Do ALL stop being sue crazy or nicky picky too. We can use our right of free speech..

    Reply
  2. Cope spin

     /  August 7, 2008

    Isn’t it curious that the most respected media in this country just gobble up Cope’s spin on the situation? How much stock does Bell stsill own in the media?

    Anyone not unionized at Bell is deemed a manager. If you take away the millions Sabia & friends are walking away with (~$100 million), you see that the 2,470 other managers that have gotten axed aren’t paid as much as Cope leads everyone to believe. In fact the settlement offers for long time employees fall short of the standard established by case law by about 50%. Is it any wonder there is a class action suit against Bell for unlawful dismissal.

    Cope in trying to compensate for the Ontario Teacher’s Pension Fund greed and poor management decision in buying Bell at the price they did, has destroyed thousands of lives. A lot of older employees got it. What will they do – too old to find another job easily just look at the stats – and not old enough to collect government & company pensions. Bell wants loyal customers – BUT look how they target their most loyal older employees in the slaughter – look how they sacrificed the shareholder’s dividends just to gain another $240 million & they’ll probably do it again this quarter – and of course let’s not forget the wonderful treatment they gave the bondholders.

    How do you expect to even keep any customers when you are so arrogant you treat everyone, especially customers like SHI…

    Then of course, there’s the marketing come-on promising us ‘high speed’ internet at a snail’s pace, but charging the earth & the moon for it.

    All this to put a couple of cents more in the pension checks of greedy Ontario teachers, who get months of vacation, short working hours compared to what Bell demanded of its managers without any overtime pay. Next time the Ontario teachers fo out on strike or try to negotiate an even fatter deal for themselves, I hope no one supports them. They should be ashamed of themselves! A kindergarten teacher earns more than someone with a doctorates teaching in Quebec.

    Reply
  3. >>How do you expect to even keep any customers when you are so arrogant you treat everyone, especially customers like SHI…

    >>Then of course, there’s the marketing come-on promising us ‘high speed’ internet at a snail’s pace, but charging the earth & the moon for it.

    The News media and their lying spin Doctors too are undeniably being bought out too for Bell spends a lot of money on advertising in the media and Bell it has too rely on new advertising because Bell offends so many past customers it has to new find a new sucker every day and a new high priced liar to defend it too. But Bell has next paid a price for abusing me, the bad publicity continues to hurt them too. Many people know the truth about Bell on the net..

    I think the Ontario school teachers got shafted.. Bell will do just as bad in all their endevours iphone now too as they have with the Sympatico internet.

    https://witnessed.wordpress.com/2008/07/29/this-next-was-so-predictable-even-by-me-too/

    Reply
  4. In the US early-termination fees on cell phone contracts are illegal AND WHAT ABOUT IN Canada?

    A Canadian consumer cancelling their cell phone, or their Home Phone or their Internet service provider and any the supposedly applicable termination fees, related early cell phone termination fees supreme court ruling in the US FIRSTLY does not apply in Canada since the Telecommunication industry and the ISP, Internet service providers are all still unregulated by the governments, all of them, neither the customers or the corporations, providers they they gnerally are not subject to any possible COURT DISPUTES SETTLEMENTS, REGULATIONS, AND even if Rogers or Bell tries to tell you otherwise? and tries to enforce their cancellation fees? They Corporations they have to rely on the good will of their customers to pay these inapplicable contract, termination charges in Canada?

    Some persons still do argue that when you agree to the contract with a carrier for that new phone even for free or at a discounted rate, or an ISP, Iphone services it was understood what you were doing entering into a legally bind contract so do explain to me what the point of a contract is… when you can just get out of it at any time with no deterrent? or Bell itself often as is it often the case now too does not keep their promised contractual commitments, and secondly their CONTRACT CLAUSES, agreements, clauses are so one side, unfair the the COURTS TEND NOT SUPPORT THEM NOW AS WELL.

    “A California Supreme Court judge has ruled that early-termination fees on cell phone contracts are illegal. This is HUGE. Contracts and early-termination fees basically define the cell phone industry in the United States. Could we be headed for a major change if this decision holds? By locking consumers into 1 to 2-year contracts with an early-termination fee tacked on, carriers are able to guarantee a certain amount of revenue from their subscribers. By doing this, they are able to offer subsidies on the actual hardware. This is why the iPhone 3G is only $199, but requires a 2-year contract. This is completely different from Europe and other markets where consumers pay full price for their hardware, but are not forced to sign any contracts. There will be appeals by the cell carriers, but if this holds, what could happen? Early termination fees put the power in the hands of the carrier. How many times have you heard a friend say they would love to get a new phone or switch carriers only to shoot down their idea because they are under contract for another year? In some cases, it could even be cheaper to pay for two contracts instead of paying the early termination fee on one. So, let’s assume this decision holds, and carriers aren’t legally allowed to charge these fees, we’ll probably either see the carriers attempt to work around the legal problems through a loophole or the abolition of cell phone contracts. Hooray! Except, cheap handsets are the first thing to follow contracts out the door. Most people don’t realize that cell phones are actually fairly expensive pieces of hardware after years and years of discounted, subsidized prices. In the end, it’s hard to say if the consumer will save money out of contract, but with a full-priced device. It’ll depend on the plans, which could increase in price in response. So if we might not actually save any money, what will be gained by this decision? Freedom. Some cell phone carriers are notorious for poor customer service because they probably don’t feel like going out of their way to help their customers when they have them locked into a contract. Without contracts, a greater responsibility to appease and provide for the customer falls on the carriers. Suddenly, threats to cancel service and move to a competitor could have meaning. Carriers would have to fight to keep you as a customer. Pair this up with the trend of moving toward open networks that must accept any device and you’ve got the making of a European style cell phone market. That is, of course, if the carriers don’t just find a loophole. You can be sure their best lawyers are on the case. On the hardware side, most phones would end up being sold unlocked. We wouldn’t be surprised if the retail market for devices moves online or into big box retailers, while the service is sold by carriers. Sure, they’d sell phones too, but suddenly a whole new market complete with competition could open for unlocked handsets. If you were suddenly able to break your contract without consequence, would you switch carriers? Are you patiently waiting for your contract to end so you can get a new phone or upgrade? http://www.g4tv.com/thefeed/blog/post/687741/No_Early_Termination_Fees_Will_The_Cell_Market_Completely_Change.html

    Reply
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