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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Bad bad Bell Sympatico

  

 “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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 I have openly rightfully shared with the Prime Minister of Canada Stephen Harper’s office that Bell Sympatico undeniably is one of the most dirty, immoral, abusive Corporation, firm I have dealt in Canada  in my lifetime. One that even falsely   suppressed my complaints against it, my right of free speech as well.
 
Because Bell Sympatico has UNACCEPTABLY TOO often HAD breached my ISP contractual agreement  and  NEXT Bell Sympatico had forcibly falsely disconnected my ISP service with them too thus next  I have been forced to switch over to the Canadian   www.acanac.ca/  -Residential High Speed ADSL without any Limits and  No Blocked Ports or Traffic Shapping, plus Unlimited Downloading 100 GB of Online Storage Up to 5 Mbps Download and 800 Kbps Upload  $18.95 per month  This offer is available on a 1 year term and the first year of service. www.acanac.ca/Webhosting.html Call Tel:  1-866-281-3538 ,  1-416-849-8520 On top of that I repeatedly do ask why Bell is now so expensive in comparisons to it’s competitor that uses the same TROUBLED EVEN Bell internet lines..
(   Acanac is an independent subcontractor of Bell so Bell will still cap the bitterest downloads during peak hours, something Bell does not readily advertise to all customers. But Acanac offers a solution to this community.acanac.com Forum Index » Common DSL Problems » Official workaround to the Bell throttle: Utorrent  )
 
I also find it really hypocritical, how basically unfair, totally unacceptable, one sided  too it still is that that Bell Sympatico very loudly still demands full payments for their supposed services from all of their customers, when they Bell Sympatico clearly too often and unacceptably Bell Sympatico  did not meet it contractual obligations to many of it’s customers, even when Bell Sympatico have not only provided a very poor, inadequate, incomplete  services to many of their net customers, but in the process Bell Sympatico had also lied to, and had abused their customers.
 
It is undeniably also  that rather than initially honestly admitting the truth in Canada that Bell Sympatico lacked their advertised capabilities to provide adequate ISP, actually  high speed internet services. Bell Sympatico when confronted with their failure to deliver the speeds as promsied to it’s cusomers had instead resorted to misleading statements, and lying to too many of the customers. Bell Sympatico  had abused them further by falsely and lying in Canada diverting the blame on the customers own equipment, local connections, and the customer’s operating software as well. And finally when confronted by technical knowledgeable, competent persons with the undeniable proof that Bell Sympatico had been guilty of false, misleading business practices, Bell Sympatico next tries to screw the customers some more by Bell Sympatico trying next to charge them extra monies for the services they Bell Sympatico had promised long time ago to start of with too and had not delivered, their high speed downloads sites and adequate support services now too.. You can readily check your actual downloads speeds at http://2wire.com/bandwidth/ or many other similar sites too http://www.speedtest.net/ . Such witnessed by even me immoral acts, behaviors by Bell Sympatico has never been denied back to me and is never acceptable now still too and Bell needs to be fully regulated by the federal Consumer Affairs Ministers, even confronted, punished appropriately by the justice ministers as well for it’s much too many unacceptable bad, immoral acts too.
 
Bell Sympatico now even  wants an extra payment of 75 dollars if I do not return ASAP their high speed modem as soon as possible, conveniently forgetting that they themselves had wrongfully had breached my ISP contract, and also that they had falsely refused to refund me for an  overcharge of an  extra 55 dollars, to me for this  high speed modem that I had never even requested from Bell Sympatico in the first place, and they too easily seem to forget that  fact they Bell Sympatico had falsely also now tried 4 times to withdraw, steal my  money from my bank account even during the time I as supposed to have  free 6 months high speed unlimited internet as well. An agreement they too had falsely breached now.
 
Now Bell Sympatico’s executive care  Sasha Rollins had  complained to me in writing 3 times back that in the last 18 months I have written 280 letters of rightful complaints to Bell about their inadequate, pretentious, services, even their false breach of their contract obligations. Me I am even next still even rightfully complaining to Bell Sympatico now that I had even firstly to to write any of these 280 letters of complaints to Bell Sympatico, and I as a direct result do even rightfully still do demand full payment of 2500 dollars from Bell Sympatico NOW  for all my wasted time in even having now to do so now as well, plus further payment for the many years I had paid for a high speed internet services but never got one from Bell Sympatico as well. And I rightfully still expect this rightful  2500 dollars payment to me now from Bell Sympatico ASAP AS WELL , and  so also  NEXT  I too will demand an extra 250 dollars in payment  if they do not pay me my 2500 dollars COMPENSATION as soon as possible.
 
And so the Circus with Bell Sympatico continues..
  
Filed under: News and politics  Tags: abusers, Bell, Contract, liars, Sympatico Why does it take months to reply to me on my simple issues too.  I keep on getting transferred also to invalid persons, telephone numbers at Bell even today.. Mrs Fernandez  RSVP ASAP
  
I HAVE HAD IN CANADA IN THE LAST 25 YEARS WHICH IS OFTEN A POLICE STATE THE POLICE COME TO MY HOME 6 TIMES BECAUSE OF SOMETHING I HAD WRITTEN TO THE NEWS EDITORS WITH A COPY TO THE MAYOR, PREMIER, PRIME MINISTER, AND IT WAS ALL A FALSE, CLEAR ATTEMPT TO OF OBSTRUCTION FO JUSTICE, FALSE SUPPRESSIONS  AND HARASSMENT, BUT I AM STILL OPENLY WRITING TOO. all it takes for the evil persons to persons is for the good person to falsely give in to the wicked, who do not like their negative truth exposed of course.. and crooked pastor snow are no different.. 3 separate bad pastors have tried to kick me out of their churches and WERE AS A DIRECT RESULT FORCED TO RESIGN NEXT STILL TOO. Now I am dealing with a very crooked corporation bell Sympatico who now also had  tried to suppress me telling everyone the truth as to what they are really like in my experiences as well. So what else is new? Public exposure and prosecution of the major bad guys serves everyone’s best interest still too and emails and the net is great for that too..
  
Hey here is what I have also  noticed Bell sends me by mail many times false invoices for their past internet services, but these invoices are unsigned and not official even thus.
 
Bell’s executive care Useless Supervisor Mrs Fernandez of Bell’s useless Sasha Rollins also needs to be replaced now too Immediately..The also clearly  useless 1-866 317 3382 Bell Sympatico care department too. Dealing with Bell Sympatico is one of the biggest crap in the  world.. for they mostly give you useless information, useless replies, useless phone numbers too, and that is why I send copies of my letters to Bell to everyone..
  
————————————————–
From: “Sympatico Service” <service@sympatico.ca>
Sent: Thursday, June 12, 2008 2:18 PM
To: “paul kambulow”
Subject: Sympatico Member Services Auto reply /  (KMM16821965V94712L0KM)
  Hello! Thank you for contacting us. We have received your request but in order
  to proceed we require some more information about you.
  We cannot find your account in your records as your incoming e-mail is
  not a sympatico address.
  In order to respond to your request, please go to the following web page
  and fill in the mandatory fields and we will respond to you.
  https://www.bell.ca/support/PrsCSrvInt_CtUs_Eform.page
  Did you know you can also visit us on-line for help? It’s fast and
 convenient!  www.service.sympatico.ca
 
> > Executive Care bell Sasha Rollins, Bell Sympatico Accounting as well,
> I have warned you many times to stop abusing me, to stop harassing me
> for I will continue to post world wide my complaints again about Bell
> Sympatico as I have already done many times. I have received your false
> invoice for my outstanding supposed balance requested of 199.31 dollars
> today  plus your request of the return of your modem too, on the account
> that you had breached false breached my contract cause I had many times
> asked your clearly incompetent, useless personnel to deal with my
> complaints effectively, all 280 of them now too, and for the last 18
> months they have not. Your invoice has to be balanced by my total
> request now of 2500 dollars for your false contract breach and failure
> to provide my adequate ISP services the last year now as I have posted
> on the net too to all. The competitor sales reps are using my letters of
> complaints to help customers to leave Bell Sympatico, to not to take
> your services too. Now stop all of your letters, phone calls harassment
> unless you are ready to fully  deal with all my rightfully complaints to
> you in writing that you have not denied and it is too late to do so as
> well.
>  And so the Circus with Bell Sympatico continues..
>  Paul Kambulow 
>  7781a Rue thibert Montreal Quebec h8n2c5 tel 514-363-7316
>  Bad bad Bell Sympatico