MediaCom Cable - Introducing a data cap mid-contract

Discussion in 'Off Topic' started by RedShirt, Aug 19, 2013.

  1. RedShirt

    RedShirt Golden Member

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    So, I get this amazing letter today:

    I'm under contract until Feb 2014. I called up MediaCom and told them that I do not accept the change in service and that I wish to cancel effective 9/17/2013 (the day before the changes take place).

    I am told that I will still have to pay an ETF. I ask them where in my contract does it say that they can impose a data cap? They read from the new contract that new customers sign (not the one I signed, when there were no data caps. The updated contract had pricing information on the data tiers and everything).

    They didn't have my original contract on file, yet they still tell me I have to pay an ETF. I talked to retentions twice and did an online chat, all say the same thing.

    What the heck? Any tips from anyone out there on how to handle this?
     
  2. chimaxi83

    chimaxi83 Diamond Member

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    They need a proofreader, reads like a semi intelligent 12 year old wrote that.

    If they don't have a contract, they can suck it. I had a similar ETF situation with Sprint, where I canceled while no longer on contract and was charged a fee. They couldn't produce a signed contract, so after some back and forth email with their dan@sprint dept (corporate), the fee was removed.
     
    #2 chimaxi83, Aug 19, 2013
    Last edited: Aug 19, 2013
  3. T_Yamamoto

    T_Yamamoto Lifer

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    Sue sue sue
     
  4. mmntech

    mmntech Lifer

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    If you signed a contract, they cannot change the provisions of it. That is unless there's some sneaky fine print clause in there. If there isn't, just cancel and go with another provider. If they want to charge you a termination fee, tell them to piss off as they were the ones who breached the contract.
     
  5. Mixolydian

    Mixolydian Lifer

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    There almost always is.
     
  6. Krazy4Real

    Krazy4Real Lifer

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    Threaten to sue.
     
  7. LightPattern

    LightPattern Senior member

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    My cable Internet provider has a monthly data usage cap, but they don't charge, throttle or anything if you over shoot it. They just send you an e-mail saying you've overshot it.
    I think there is language in the contract that they reserve the right to actually enforce the cap.
     
  8. Juddog

    Juddog Diamond Member

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    They legally cannot charge you ETF for terminating early for a change of contract.
     
  9. RedShirt

    RedShirt Golden Member

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    This is the kind of logic I'm trying to argue against:

    "...current customers plans do not change at all unless they call in and make the changes to it. The only thing that is being done is all residential customers are being migrated to usage based billing."

    So, according to MediaCom, my plan isn't changing at all.... yeah, right. When I try to argue saying "Yes it is!" they don't agree. It's like I'm talking to a robot.

    I've asked to talk to a supervisor twice. They keep telling me that they will call me as soon as possible, we'll see if that happens.
     
  10. rudeguy

    rudeguy Lifer

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    You are fighting a losing battle.

    They changed their ToS and possibly EULA, not your contract. Your contract is still valid.

    PS: if you go over or anywhere near 250GB a month, you are a dirty pirate hooker.
     
  11. RedShirt

    RedShirt Golden Member

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    There are many legal ways to go over 250GB. Examples include:

    Having a hard drive crash and needing to re-download a Steam library (Yes, I'll have to back my library up often now, as many games are 10+ gigs in size).

    Watching Netflix HD often (I've seen where people say 2 HD movies a day could put you over 250GB, I haven't done the math myself).

    Purchasing HD content (Itune, Amazon, etc).

    Downloading Isos (Linux nerds will attest that tinkering around with OS images can take quite a lot of bandwidth).

    Any combination of these things could put you over 250GB easily.
     
  12. rudeguy

    rudeguy Lifer

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    No.

    I worked in the industry for years. The only people I ever saw go over the cap just so happened to also have DMCA notices. You can try to pretend that the cap doesn't only affects thieves but the data proves you wrong.
     
  13. SunnyD

    SunnyD Belgian Waffler

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    MediaCrap has you "sign" a contract by accepting it over the phone when you order service. You never sign any paperwork.

    You more than likely can't sue either, since they likely have a binding arbitration clause in their "contract" that you verbally agreed to.

    MediaCrap doesn't give a shit.
     
  14. RedShirt

    RedShirt Golden Member

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    I'd rather not have to put burnt DVDs in to restore all my old games. It doesn't take very long to restore your most played games. I'd also rather not create backups when I can just download them again.

    According to this site:
    http://www.apartmenttherapy.com/how-much-monthly-bandwidth-doe-136401

    A 2 hour Netflix Movie is 3.6GB.
    3.6 x 2 x 30 = 216GB

    As for the ISOs, I was just pointing out files that could be large in size. Sure you wouldn't download 250GB of them in a month, but a substantial portion of the 250GB could be taken by iso downloads.

    What I'm trying to say is, a combination of these items can easily be used to hit 250GB with ease.

    Take a family of 4, each with their own computer/tablet/game console/whatever. It is easily possible to hit the limit. This is not a far fetched claim.

    Just think about it, 250GB for one person sounds like a lot, but when we are talking about a little over 60GB per person, suddenly your argument starts to fall apart.

    Regardless, this doesn't even matter. What matters is they are changing how I'm billed mid-contract. It doesn't matter what I'm doing with the connection, that is irrelevant.
     
  15. purbeast0

    purbeast0 Lifer

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    99.99% of the people who go over 250gb/mo are pirates.

    and yes that number is 100% pulled out of my ass.

    and their median is under 14gb/mo, so if you think there are many people legally hitting over 250gb/mo then you are just being dense.
     
  16. RedShirt

    RedShirt Golden Member

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    I work for an ISP, and unfortunately we don't service the area where I live. I have seen all sorts of valid and perfectly legal ways to use tons of bandwidth.

    One person was a professional photographer. They kept on going over the cap and the swear they hardly downloaded anything. Turns out it was all their photo uploads! The uploads and downloads all come out of the same bucket.

    It doesn't matter. This is totally irrelevant to the issue. The issue is not what the connection is being used for, it's the change in billing mid-contract.
     
  17. ImpulsE69

    ImpulsE69 Lifer

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    Yea, sorry Rudeguy, but WHEN did you work in the industry? That is a very oldschool view of it.

    We stream EVERYTHING NOW. Everything is headed to being stored offsite (you know..not on your pc). Times are changing and things are larger than they were 5 years ago even. These caps are preparation by internet providers to rape their customers when EVERYTHING is digital.

    I say fight back. There is no valuation of "data transfer". It means nothing to a company if you do 5 Mbytes or 1TB. It impacts them zero. It's all about getting extra profit to sit on.
     
    #17 ImpulsE69, Aug 19, 2013
    Last edited: Aug 19, 2013
  18. rudeguy

    rudeguy Lifer

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    then they should be using a business account. Caps are set up for 2 reasons: to keep people from using residential service for commercial use and to stop thieves.

    As hard as you are arguing, I already know what side of the spectrum you fit into.
     
  19. dabuddha

    dabuddha Lifer

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    Wrong. Well not the dirty hooker part.
     
  20. purbeast0

    purbeast0 Lifer

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    wow 1 example out of all the clients, you have changed my mind!
     
  21. CountZero

    CountZero Golden Member

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    Your anecdotal data doesn't prove anyone wrong or right, sorry. I'd bet at some point not too long ago people hitting 10GB were also considered dirty pirates and now their median usage is 14GB.
     
  22. rudeguy

    rudeguy Lifer

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    umm..I quit like 2 months ago. Maybe 3 now?

    The reason I am so firm is because I went to bat when my old company introduced caps. I mean as high up the food chain as you can go. I argued that caps were pointless and only hurt the company.

    Then I actually got to see the numbers. Out of the 4 million customers we had on our internet, less than 3% of them ever went over 100 GB per month. Less than .5% ever went over 250 GB and nearly every one of those accounts had DMCA notices.

    In my household we stream Netflix and Youtube nearly 24/7. lil rudeguy downloads a ton of Steam games and I download a ton of random files and ISO's for work. We don't come anywhere close to 250 GB.

    You can argue the point all you want but the data is against you. Only thieves need that much data.
     
  23. dabuddha

    dabuddha Lifer

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    Same. Looking at netflix's site, here's what it says:

    Just with netflix, watching 3 hours a day of HD streaming, you'll hit 252 gig in one month. During baseball season, I'm streaming my Rangers games via mlb.tv every day. Each game goes for an average of 3.5 hours. 250 gig is nothing in this day and age.
     
  24. RedShirt

    RedShirt Golden Member

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    I think you just assume that I want to cancel my service because I go over the cap. This is not the reason why I want to cancel without ETF.

    I want to ditch cable TV and switch to cheaper DSL (which also happens to have a cap of 250GB a month where I live). I have no options of a capless service here, so there would be no point in canceling if I were going over. I'd have no alternative.

    I'd save about $100 a month doing this. So, feel free to assume whatever you want to assume. Again, it's irrelevant to the original question.

    I see this as a way to get out of my contract without a ETF. That is all. Feel free to assume whatever the heck you want.
     
  25. dabuddha

    dabuddha Lifer

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    It's painfully obvious that your data is plain wrong.

    More numbers @ http://sogrady.org/2011/05/01/mlb-tv-per-game-bandwidth-and-mobile-data-pricing/