Should I sue, could I sue? | FerrariChat

Should I sue, could I sue?

Discussion in 'Other Off Topic Forum' started by Steve R, Sep 8, 2005.

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  1. Steve R

    Steve R F1 Rookie
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    Sep 15, 2004
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    MeSoNeedy, CA
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    TorQ Master
    Yesterday I called my phone service (SBC) and told them, that in reviewing my phone bill, I realized I was paying for features that I never used: repeat dialing, caller return, etc. I asked for these feautres to be removed and the "representitive" told me the changes would be made. This was on my business line.

    The next day my phones were suspiciously quiet: no phone calls coming in. I picked-up the phone and heard a dial-tone, so I figured all was well. Somewhere around 11am I got a call from one of my frequent contractors telling me my phone was disconnected!!!! as in WTF?

    I picked-up my home line, dialed my business line and sure as **** got an outgoing message "this line has been disconneted or is no longer in service". Given that I receieve a LOT of phone calls and take in a lot of jobs (via $100k of advertising in phone books per year)....this strongly falls into the category of VERY ****ING BAD!!!!!

    After a long and tiring bout with several representitives and supervisors, it was discovered that the gal who took my order to remove those features had instead sent out an order to "disconnect" my service.

    I *****ed, moaned, complained and explained how this was my "life-line" etc...the supervisor explained that they would give me the most any company would/could offer: a whooping $50 credit. Moments later she was telling me how if I used profanity and continued to talk to her in an abusive manner she would hang-up :) :) She insisted that I couldn't "prove" that I lost any income, etc, etc and that there was nothing she or anyone could do beyond the $50 credit.

    Well...what if I served them papers and explained that I intended to demonstrate that every day I take in jobs and book jobs...and now I have much less for today to show for calls coming in AND that after they fixed the phone line (around 3pm) I took in 4 jobs. I'm pretty sure I could establish, based on an average, that I lost about $2,500 to $4,000 of potential profit.

    At first this was about showing that "supervisor" that she was wrong and I did have some legal recourse....but now, well now I'm thinking I could do a lot with $2,500-$4,000 of funny-money....that's a lot of sushi, laps on a track or an exhaust system. I don't really want to go to court, I just wanna squeeze these incompetant idiots for more then $50.

    Do ya suppose they have some exclusion clause that says I can't hold them responsible except to provide the best service they can? binding arbitration? you know how those contracts are 20 pages long and nobody reads 'em?

    Surely there's a bright and aspiring attorney out there who wants to type something up on their letterhead and make a quick buck? Thoughts, ideas?
     
  2. mpolans

    mpolans Formula Junior

    Oct 31, 2004
    427
    Hmm...I wonder if that call was recorded? I would contact an attorney if I were you. Initial consultations are usually free.
     
  3. steve f

    steve f F1 World Champ

    Mar 15, 2004
    12,119
    12cylinder town
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    steve
    thats all you yanks want to do is sue somebody no wonder the world is in a mess
     
  4. bobafett

    bobafett F1 Veteran

    Sep 28, 2002
    9,193
    Steve - the problem is you are trying to recapture speculative profits, not actual lost business (crappy way of doing it, but you have no absolute proof of loss of business unless someone testifies that they were goign to do business with you but won't given that your line was disconnected). Hard to say.

    Question is, is it worth it to them? In principal, I say yes. Practically, very tough to say. My guess is you spend way more than you'll ever get.

    That said, if you can have an attorney draft a brief and send it to their general counsel, you're likely to get a lot more than $50.

    BTW - even if the call is recorded (it is), they'll never give it up unless it serves them. Welcome to the best legal system money can buy.

    --Dan

    Steve - it's a litigious society. The politicians and lawmakers are to blame. Oh wait, they're lawyers who have created a system AROUND them. At this point, there really is nothing that can be done. You wanna make cheap knocks at a country, I've got one right back: what the HELL good is the pound? There is no reason in the world it is worth 50% of what it carries in the markets. The country produces nothing, is no longer a capital center, nor is it creating intellectual capital, and the industrial revolution ended more than 50 years ago. When the UK finally succumbs to the Euro, the pound will be so devalued that someone in knightsbridge might realize crumpets aren't worth the $10 you pay. Soros had it right.
     
  5. RMV

    RMV F1 Veteran

    Apr 11, 2002
    7,372

    Touche! :)
     
  6. 285ferrari

    285ferrari Two Time F1 World Champ
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    Sep 11, 2004
    20,958
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    Robbie
    F those big company bastards-So sick of seeing these big companies get away with murder---Sue those bastards---at least draft a letter and send and make them understand you are not going to take this bull$hit.
     
  7. Fastviper

    Fastviper F1 Rookie

    Nov 20, 2003
    4,525
    Texas
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    Dash
    I would say stop wasting your time. If you can get 2k - 4k jobs a day why are you worried about your phone being cut off for a few hours. It sucks and we have all been through it. Take the 50 bucks and get on with your life.

    just my 7 cents
     
  8. BubblesQuah

    BubblesQuah F1 World Champ
    Silver Subscribed

    Nov 1, 2003
    13,232
    Charlotte
    Someone made a mistake, it's fixed now, big deal. Move on.

    How long have you been paying for features you never used, and why?
     
  9. darth550

    darth550 Six Time F1 World Champ
    Lifetime Rossa

    Jul 14, 2003
    61,115
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    BCHC
    I'll be damned if I wasn't going to have Steve reinsulate my 60 unit apartment complex to R38!

    I had all of my heatstricken tenants sitting around my desk as I called him on my speakerphone but LO AND BEHOLD, I couldn't reach him!

    NOW THERE WILL BE HELL TO PAY!
     
  10. Schatten

    Schatten F1 World Champ
    Owner

    Apr 3, 2001
    11,238
    Austin, TX
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    Randy
    Steve, I've dealt with similar issues with the phone company, web hosting companies and even SBC and TimeWarner on our lines. Problem comes down to: there's no policy on incompetence on their side. That being said, if you light the fire and file, don't expect to have consistent phone service, if any at all. They'll take time to fix it, maybe get to it in a week or two. Phone companies have layers and layers and layers of management, politics, those who they are loyal to and those who they are not: you.

    Just be forwarned for the worst possible scenario - losing your phone service completely.
     
  11. Steve R

    Steve R F1 Rookie
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    Sep 15, 2004
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    WHAT???? HOW DARE YOU INSULT/SLANDER & DEFAME ME in front of my f-chat buddies. The psychological trauma is so bad that I can't focus on work and will need therapy to work this out, my losses are staggering....I'm gonna sue you!!!!!

    Opps....wow: case in point!!!!

    Sorry mate, my letigious bad

    :) :) :) :) :) :) :)

    Nahhh...seriously, you guys got it all wrong. I'm NOT going to sue them, I'm just gonna squeeze them for a bit more then $50, that's all.

    The phones were down from 7am to 3pm, when they came back on I had about 10 phone calls till the end of the day; 3 of which resulted in sales/jobs.

    Did I honestly, really and actually lose jobs because my phone line was down/dead: YES. I really did lose a couple grand...and ya konw what, I could just take it & move on....but that *****y lady who defied me to believe they can do better then "opps, it happens, here's $50, shut-up & go away"....well that is ENTIRELY my inspiration to not just let it go.

    Today I only have 1 truck out doing work, the other truck & crew are sitting around. Had my phones been on yesterday, I would have had both crews out. And I'm not lying or exaggerating, it's factual.

    More then anything I'm annoyed & venting. I'm half inclined to have an attorney/friend send them a letter....if they are the least bit responsive in giving me more, I'll be done & happy.
     
  12. Schatten

    Schatten F1 World Champ
    Owner

    Apr 3, 2001
    11,238
    Austin, TX
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    Randy
    Trust me on this one, if you do, you'll have two trucks sitting there doing nothing. I'm willing to wager on it and the phone company will win. It will be worth it for them to shell out $50 for entertainment purposes from a customer who complains about their service - incompetent or not.
     
  13. bobafett

    bobafett F1 Veteran

    Sep 28, 2002
    9,193
    Steve - somehow I don't think that they're going to cut you off the way people say. Have your counsel draft a simple one or two page brief explaining what happened, and asking SBC or whomever if the policy of offeirng $50 is considered good faith, and what they feel is appropriate action.

    More likely than not, the b|tch will get reprimanded, you might get on the good side of SBC (or rather, they'll feel mildly threatened to treat you well), and they should appreciate that you've asked for their advice rather than seek litigation.

    All in all, it should end well and I would be highly suspect if your phone services got shut off. The companies are far too large and bureaucratic to have that happen. Plus if it happened a second time, I would *record* the call and explain very clearly to the next person you takled to exactly what transpired and why your service was shut off again. Then you may have legal grounds.

    --Dan
     
  14. bobafett

    bobafett F1 Veteran

    Sep 28, 2002
    9,193
    Worse yet, you hired someone else in his place and the whole THING is all mucked up!

    --Dan
     
  15. bpu699

    bpu699 F1 World Champ
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    Dec 9, 2003
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    If its anything like the cell phone companies, you cannot sue but must go to arbitartion. Good luck with that. This is usually somewhere in the fine print, when you sign up for the service. You basically agree not to sue as a condition of the service....

    Look into that before you waste time and energy - I went through ths with T-mobile (Absolutely the worst company I have ever dealt with...DO NOT GET T-MOBILE!!!!)
     
  16. JJJJJS

    JJJJJS Karting

    Dec 27, 2003
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    Portland, OR.
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    Chris
    I used to work at a cell phone company doing tech support (note to anyone who reads this...worst job ever) and believe it or not, this kind of thing is very common. Our contracts were written so that a customer could not recieve compensation for lost wages due to loss of service. Customers were entitled to a refund on their monthly bill for the time that their service was out. So say your bill is $100 a month and your service was out for 2 hours. We were then required to refund a grand total of 14 cents for the time. I found that generally most customer service reps would refund the entire month and give a month of free service when it was the fault of the company. However, one curse word directed towards the csr would result in all niceties being thrown out the window and the customer being given a refund of 14 cents.

    So there is some leeway, $50 is probably the best you can expect unless your contract allows you to go to arbitration. It sucks big time, phone companies treat customers like crap and unfortunately there isn't much that a customer can do about it.
     
  17. Gilles27

    Gilles27 F1 World Champ

    Mar 16, 2002
    13,337
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    I got sick of SBC because what started out as a $35/month bill in reality would cost over $70/month with "extras" and taxes.
    I attempted several times to get the bill reduced, costs down. They didn't give a s**t. My solution? www.vonage.com Ever since, SBC has been calling daily, trying to get our service back, offering all kinds of deals. I finally had to ask them to knock it off.
     
  18. Artherd

    Artherd F1 Veteran

    Jun 19, 2002
    6,588
    Bay Area, CA
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    Ben Cannon
    You're in CA, the small claims limit is $5k.

    File small claims, it costs you $22. Have them served by the sherrif.

    They'll probally pay, as it's cheaper for them to do so then fight it.
     
  19. Steve R

    Steve R F1 Rookie
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    Sep 15, 2004
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    Well guys, most the reason I post is that I just enjoy the interaction of chatting with you all....that's always fun. It's like planting a seed and coming back to see what grew: always good jokes, humor and usually some solid information.

    The company I'm having trouble with is Bullseye Telecom, they basically do a marketing package and use SBC services. The supervisor at SBC told me that Bullseye screwed up and submitted the "suspend service order", he even went against policy and gave me the actual order number to prove it! Bullseye is little more then a broker. No way they will mysteriously shut-off my service or anything ugly....they'll just want to make things right: same proceedure I follow when a customer complains, ESPECIALLY when the customer is justified & right!!!!

    As it turns out, one of my A/C contractors called me today and told me that he had referred one of his customers to me. That customer apparently called and got the "disconnected or no longer in service" message; accordingly that same customer called another company and hired them...the work was done today and I lost-out on that job. The contractor called me because his customer told him that I was out apparently out of business. I believe this constitutes PROOF OF LOSS. It was some job down by the Marina area ;)

    This will never see a court. Maybe I should have titled this thread "Stupid phone company!!". I'll just send them my info and I'm sure they'll find some means of compensating me....in the end we're all just rational & money-driven people. :) I'llprobably switch direct to SBC and threaten to leave them if they don't do better then $50.

    This should also serve as a means to demonstrate to some people, nobody in particular (PATRICK SHIM) that there is a way to come on F-chat, ask non-related questions and get real advice without prompting a public flogging of ridicule.
     
  20. CMY

    CMY F1 World Champ

    Oct 15, 2004
    10,142
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    Chris
    Why even bother? :)
     
  21. ylshih

    ylshih Shogun Assassin
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    Mar 21, 2004
    20,411
    Northern CA
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    First I think you did get screwed in terms of the quality of service. What I'm having trouble figuring out is when the phone company ever was liable for poor service.

    Take an exapmple, if the phone company had a total outage for 1 hour (which has happened), is it liable for the economic loss of the region that occured during that 1 hour? Another example, if instead of $2-4K, let's say that you're an agent for first tier sports stars and the loss of phone service for an hour resulted in a one of them signing a $50M deal with another agent. Is the phone company liable for $50M for a service that they collect $50 a month?

    Again, not trying to put you down, but I've just never heard that a utility offered service on other than a "best efforts" basis and that your recourse was refund of the service fees and shopping your business elsewhere.
     
  22. REMIX

    REMIX Two Time F1 World Champ

    I got sick of SBC because what started out as a $35/month bill in reality would cost over $70/month with "extras" and taxes.
    I attempted several times to get the bill reduced, costs down. They didn't give a s**t. My solution? www.vonage.com Ever since, SBC has been calling daily, trying to get our service back, offering all kinds of deals. I finally had to ask them to knock it off.


    Two weeks ago I called Verizon to inquire about getting FIOS installed in my home. Verizon likes to use your number to look you up in their database, but I use Vonage, so they can never find me. I do find it slighly arrogant they think everyone uses them. Anyway, out of sheer fun, I give the csr the Vonage number and silently laugh as she hemms and haws trying to find me. She finally gives up and says, "I cannot find you number in our database, sir. Are you sure that's right?"

    I say, yeah, but I'm with Vonage.

    She comes back with, "wow so is that why I hear all that clicking in the background? It's really noisy, can you hear that? It's terrible."

    I'm like, " sounds crystal clear to me"

    She says, "Oh no...there's a loud clicking...it's really terrible. Wow that Vonage is really bad."

    I hit her back with, "well it's crystal clear on my end, so it must be your crappy Verizon lines making all the noise."

    The above conversation makes me think these companies are beginning to feel the pinch from the broadband providers. I've never had a complaint about line quality until I got a Verizon csr on the phone. I've had Vonage for nearly a year now and also keep a fax line with them. I've had really no real issues with them. I routinely make hour long calls to New Zealand for less than $3.

    RMX
     
  23. Artherd

    Artherd F1 Veteran

    Jun 19, 2002
    6,588
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    Ben Cannon
    RMX- How do you like the fax line, and does it go to a real fax machine or electronic?
     
  24. REMIX

    REMIX Two Time F1 World Champ

    Goes to a real fax. Works pretty okay for me.

    RMX
     
  25. JaguarXJ6

    JaguarXJ6 F1 Veteran

    Feb 12, 2003
    5,533
    Black Hawk, CO
    Full Name:
    Sunny
    Thats our only recourse with stupid people, but in particular IRRESPONSIBLE COMPANIES with stupid employees.

    There is a big difference.

    If you fail to see that, please take a stack of 2,500 quid, send it in the mail, and when it doesn't arrive at your intended destination, come back to this thread.
     

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