Problems with Flashcom, a national DSL service provider
From: Ed Anderson
Subject: Re: Question on Covad/Flashcom 1yr contract
Date: 08 Apr 1999 00:00:00 GMT
Message-ID: <370c006b$0$225@nntp1.ba.best.com>
References:
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mazaev@@-DESPAM-@@die.spammers.anti-social.com wrote:
> Just a question to those that already have the service. Did you actually
> have to sign a contract? If so, when? I've had my service for about a week
> and a half now. Ordered on March 4th. They never actually made me sign
> anything though. I called a couple of times before the installation and
> asked them to email me a copy of the contract and their TOS, but they
> never did. So where does this put me? Am I still liable for the contract
> or an I now cancel the service whenever I want without penalty?
When I signed up last October, I was told verbally that Flashcom would not
hold me to the contract if they couldn't provide decent service. I was
emailed a .doc file off a contract for one year of 384/128k service. I
printed it out, added a handwritten note about the verbal agreement,
signed it, and faxed it back.
When Flashcom breached the contract in December by threatening to drop the
speed to 192k or cut it off, I escalated the issue to the point of calling
the president, Brad Sachs, on the phone. He turned on his speakerphone and
there were several others in his office. They weren't holding me to the
contract. I was repeatedly told to "Take it or leave it" as if that solved
the problem, but I was trying to hold *them* to the contract. No dice. I
was told by one person that on the back of my contract that they had, it
said that they could change the service or cancel at any time. Of course,
I pointed out that there was nothing on the back of the fax, which
contained the complete file that I had received.
Another person in his office suggested that I take it up with their
lawyer, but they would not provide me with his name, telling me to make
the first move. Shortly after that, they hung up on me as I was asking how
to proceed with getting a refund of the extra charges crammed onto my
phone bill. More details at http://www.pinch.com/flashcom/
If Flashcom does attempt to bill you for any cancellation fee, I suggest
disputing the credit card items with your bank, and let them deal with
Flashcom. You can dispute any charges that you didn't authorize, and any
fees for service that was not delivered. You should get a provisional
credit back immediately, pending the resolution of the dispute. You'll
probably have to do it in writing, so keep a good record of your
conversations and dealings with Flashcom.
Don't let them hold you over a barrel if you're getting crappy service.
They refused to honor my written contract, so I don't see how they can
expect anyone to stick to a verbal one, especially since they've declined
to confirm it. I'm sure any judge would find in your favor, and Flashcom,
being a national provider, would have to go file a claim in your
jurisdiction. I'd guess they're too busy wheelin' and dealin' for that.
I sure hope you used a credit card!
-- Ed "better ask an expert" Anderson
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Problems with Flashcom, a national DSL service provider