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  1. #11
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Suing Internet Provider for Slow Internet Speeds in Small Claims Court

    Look, I feel your pain. We are paying $100/mo for speeds UP TO 300. Out of curiosity, my husband decided to run a speed test on all of the computers. Guess what he got? 89. A call to the ISP says... no, we show you at 170. Guess what the solution was? A new router. We're now at 279.

  2. #12
    Join Date
    Oct 2014
    Posts
    7,714

    Default Re: Can You Sue an Internet Provider for Slow Internet Speeds

    Quote Quoting hopkins20
    View Post

    I wasn't able to call back yet so you think they were calling to settle and keep the matter out of court? Here is my letter:

    I think that they may have been contacting you to try to resolve a customer complaint and see if they might be able to do something to mollify you. I doubt that a big ISP is terribly worried about a threat of a lawsuit on something like this.

    Before you sue, you really need to read your contract with the ISP. First, you need to know what the contract actually promises you because that is what matters, not what you thought you might be getting from whatever advertising the company did when you signed up. Find the actual contract document and read it carefully. Does the contract actually guarantee you 20 MB/s? What exactly does it say? You might try quoting it here word for word for comments. Pretty much every ISP contract qualifies the speed by saying that your actual speed may be lower than the quoted rated due to a number of factors and thus they do not guarantee youíll actually get the full speed.

    Second, the contract might require you to arbitrate your dispute with the ISP. If it does, then filing a lawsuit in court will be worthless because the court will just dismiss it.

    I note that you had this service for eight years and apparently never complained about this until now. So it could not have bothered you all that much nor could it have impacted your business all that much if you werenít motivated to do something about this when you first noticed the lower speeds eight years ago. That would seem to undercut your claim that this problem ďhad a very adverse effect on my business.Ē Iím skeptical of that claim, and I think you can expect a judge to be skeptical of that, too, for the same reason: if it was such a big deal, why didnít you do something about this long before now?

    The ISP likely either has in-house counsel that can deal with your lawsuit (if you file one) or has a law firm on retainer for such things. What this means is that the ISP likely wonít have to spend extra on legal fees to represent it on this. So if you are banking on the ISP caving to save legal fees, I think you may be disappointed.

  3. #13
    Join Date
    Sep 2010
    Posts
    19,488

    Default Re: Suing Internet Provider for Slow Internet Speeds in Small Claims Court

    The easiest thing to try first with phone companies and the like is to go to www.fcc.gov and push the "File a Complaint" button. This will then be routed high up in the company to someone who is empowered to do something about it.

  4. #14

    Default Re: Suing Internet Provider for Slow Internet Speeds in Small Claims Court

    Guess what they offered a cash settlement in response to the email...6 months of service plus modem fees... so much for the know it alls on this board

  5. #15
    Join Date
    Oct 2014
    Posts
    7,714

    Default Re: Suing Internet Provider for Slow Internet Speeds in Small Claims Court

    Quote Quoting hopkins20
    View Post
    Guess what they offered a cash settlement in response to the email...6 months of service plus modem fees... so much for the know it alls on this board
    Which doesn’t tell you anything about how strong or weak a legal claim you may have had against the company. As I said in my first response, they may simply have been trying to do some good customer service and mollify an upset customer. And frankly, the offer you got suggests just that: a customer service initiative.

  6. #16
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,531

    Default Re: Suing Internet Provider for Slow Internet Speeds in Small Claims Court

    FYI, They aren't required to do that. So, as a matter of law, the know it alls are correct.

  7. #17
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Suing Internet Provider for Slow Internet Speeds in Small Claims Court

    Quote Quoting hopkins20
    View Post
    Guess what they offered a cash settlement in response to the email...6 months of service plus modem fees... so much for the know it alls on this board
    Yes, I'm sure you did.

    Everyone believes you.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #18
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Suing Internet Provider for Slow Internet Speeds in Small Claims Court

    Quote Quoting hopkins20
    View Post
    Guess what they offered a cash settlement in response to the email...6 months of service plus modem fees... so much for the know it alls on this board
    So 6 months of 10 MB/second for free? Are you happy with that?

    if so it means they can continue to provide that pokey 10mbps download speed since apparently when it's free it's plenty fast, regardless of your claimed loss of business due to the slow speed. That means accepting the slow service proves your claims meaningless so when you consider suing again for slow speeds causing a loss of business, well, you just shot yourself in the foot.

    I'll bet they never suggested you would get 10 MBps let alone 20 MBps. I suspect they were offering something in the line of maybe 20Mbps. I can't think of any ISP that advertises a MBps speed rating.

  9. #19
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Suing Internet Provider for Slow Internet Speeds in Small Claims Court

    Quote Quoting jk
    View Post
    So 6 months of 10 MB/second for free? Are you happy with that?

    if so it means they can continue to provide that pokey 10mbps download speed since apparently when it's free it's plenty fast, regardless of your claimed loss of business due to the slow speed. That means accepting the slow service proves your claims meaningless so when you consider suing again for slow speeds causing a loss of business, well, you just shot yourself in the foot.

    I'll bet they never suggested you would get 10 MBps let alone 20 MBps. I suspect they were offering something in the line of maybe 20Mbps. I can't think of any ISP that advertises a MBps speed rating.
    Defensive response with excuses in 5 ... 4 ... 3 ...
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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