Missing the point?

June 14, 2008

Class action suit against Bell Sympatico

You can get out of the Sympatcio Internet contract by cancelling your land line phone service? Or by telling the truth about Bell on the net.
 
 
 
 
   
Because even many managers in Canada, the government too  are not honest, do not tell the truth, they often also do lie as to the actual reasons their product prices are going up, and/or the quality of their services are going down, thus they are still helping to put themselves out of work, out of business eventually and to be rightfully dismissed too.
 
http://witnessed.wordpress.com/2008/07/29/this-next-was-so-predictable-even-by-me-too/
 
 Bell Sympatico had  falsely suspended my Internet contract recently to likely avoid a lawful  lawsuit from me. Instead now I find it ironic that Bell is being sued, Bell 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 specifically 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://thenonconformer.wordpress.com/tag/bell/
  
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
 
  Here is what I know for sure in Canada proper policing, management ,  supervision  human rights commissions are a real fact of life, society, in schools, life,  in churches, governments, commerce, institutions, civil and public services, professional services too,  and elsewhere, even on the net,  for you will always have those 30 percent at least of the persons who will try to cheat, lie  , steal, bend the rules, falsely believe they are above the laws, Self  regulation alone is too often pretentious, farcical, often not applied as well. That applies especially to the professionals, civil and public services, police, municipalities, politicians now as well..
 
What are the disadvantages, hindrances still of Bell Internet services.. I almost wrote a book on it in the last year.. for a start their adds tend to be misleading, vague.. adds they next do not live up to as well.. for more just do a Google search Bell, Sympatico, thenonconformer..
 
Bell’s bad acts – Not acceptable, and   Comments are not  needed  FOR THERE IS NO WAY TO DISPROVE THE TRUTH..
 

May 4, 2008

Politicians in India

Filed under: Uncategorized — Tags: , , , — thenonconformer @ 3:15 pm

Remo speaks on national television (Times Now), about politicians of not just Goa but every politicians in India, that the “Politicians are not administrators, they are thieves, they join politics to make money, they have no respect for law and order, they do not even abide by what the Supreme Court orders. Law and police are in their pockets, there is no solution to their greed but to just shoot them down like mad dogs. But I can’t do that, I am not a criminal, I would probably just be out of this place someday.” [Some interruptions from the anchor here and then Remo continues] “You know, when I talk like this you people think I am just being cynical and pessimist, but am only being a realistic. We are also partly to be blamed because we think everything would be alright tomorrow. The reality is, that nothing is gonna be alright. Once we accept how bad things are only then would we be able to do something about it.” http://sanjukta.wordpress.com/2008/01/17/opinionated/

Note it is not unrelated that major communications firms such as Bell Sympatico, Microsoft, Dell have outsourced their call centers to India, and many north American customers are undeniably appalled now next by the poor treatment they get, the pretence of decent customer services and their lies too from there. It seems too many of their managers too have never even heard of the ten commandments for a start.”.

April 30, 2008

Courts Turn Against Abusive Contracts

I was surprised this week when a Bell employee from Bell’s accounting department told me on the phone that I should obey, do everything that the Bell president, and  his employee Sasha Rollins tells me to do. Dream on.  Bluntly I replied to the same employee “who the hell does he Sasha Rollins  now think his e really is that I should obey anything, or everything  he says, he firstly is not my master, I do not work for Bell, I am not his employee”.. Bell is getting carried away with their much too many, unenforceable,  exotic, extreme, man made rules now, but they breached my contract still much to often and that itself is really inacceptable still too.  Clearly Bell and their  executive power has falsely now gone to their heads when they even do think they can abuse any others, an ordinary citizen now too. I as a Sympatico customer that does have a contract with Bell, a mutual contract they Bell now also have to respect and that contract now does not make me their slave, subordinate, and them my master, but they are still my legal equals in the matters. They have to respect my contract side now too. Do remind them all of that too at Bell.
 
I KNOW FROM DECADES OF FIRSTHAND EXPERIENCES IN MY ENCOUNTERS WITH COPS, LAWYERS, PASTORS, SO CALLED PROFESSIONALS,  OTHERS TOO, that most often now in reality the very same people who do tend to preach to others that we all must not steal, tell lies, drive drunk, that we must respect other person’s rights, all the laws…  those very  same persons who so readily  tend to preach the rules to others, those very same persons  who  expect all of the others to falsely obey  the rules even now  all the while they most often tend to be the firstly the  very same persons to break most of  the rules themselves, they themselves they do not keep them, and they still also  falsely believe they personally are exempt from living the rules cause  they do preach them  to others.
 
What you had never encountered crooked cops, crooked pastors, crooked lawyers, crooked managers, bad executives, lying no good politicians too?  These same persons  who too  readily judge others, and who demand, want to enforce the rules upon the others, they  cannot see the truth as to who they are firstly, they themselves are now the lying hypocrites.
 
When most a person tries to enforce any rule upon me I immediate rightfully do next often do ask them who they think they are that they think I now have to respect the  man made rules firstly? What makes them think I have to be now their false slave too? And why do they think that they are any kind of boss over me in these matters?
 
For  just cause  someone, a lawyer now too even,  some one made up some set of rules it still does  not mean they are all valid, or legitimately  enforceable now too!  I still have even my right of free speech and I still can say what I want, write what I want too.. even about them now too. Not all man made rules, regulations even in writing are rightfully valid still in reality, and just ask any decent judge on the court of the Queen’s judge and he or she can tell you the same thing too.
 
CALGARY – An employee with the Calgary Police Service has been arrested in a drug trafficking operation and Calgary Policeman was arrested for drunk driving that caused an accident..

 

In the past month, however, two new US court rulings suggest that judges are developing a more sophisticated sense of how corporations conduct online and technology transactions with their customers that Bell Sympatico especially now needs to note. 

    “In Douglas v. U.S. District Court (Talk America) (.pdf), the 9th U.S. Circuit Court of Appeals ruled last month that a service provider may not change contract terms by posting those changes on its website without notification to the customer. In this case, the plaintiff sought to invalidate an arbitration provision like the one in Gatton and a provision stating that New York law would apply to the agreement, because the terms were added to the service agreement after the customer had signed up. The court held that the customer could not be bound to new terms, even by continuing to use the service, if he is not given notification that the terms have changed.” http://www.wired.com/politics/law/commentary/circuitcourt/2007/08/circuitcourt_0801

We all seem to know the used car salesman joke, right? “You can tell he’s lying: his lips are moving.” Those of us who have experienced  real life, especaily in a courtroom or at a deposition, divorce proceedings,  also do know that the same joke can, far too often, be attached to politicians,  lawyers, cops, accountants, many Business persons, corporations, real estate firms and the  ISP providers too.

The Consumerist had not one, but two articles about Verizon today. The best one contained an embedded video, in which a guy phoned up Verizon Wireless fifty-six times to ask two basic questions about their rates. Take a guess as to what percentage of the time he received the correct answer, then see how close you came to guessing right.  ”

“David Lazarus of the The Los Angeles Times blasts Verizon today for withholding contract terms from customers until AFTER they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to: they have signed up for service – and some of the contract terms are ones that I sure wouldn’t agree to:

Verizon not upfront on contract terms – Los Angeles Times

Excerpt:

For years, credit card issuers have gotten away with withholding contracts from customers until they actually have the plastic in their hands — a practice that denies many people a fair chance to look under the hood for onerous terms and conditions.Now it looks like Verizon has adopted the same technique.

What really struck [Torrance, California resident Sandy Lough] was the discovery that to receive the promised discount for her bundled plan, she’d have to go online and agree to a 2,000-word “bundle service agreement” and a 7,000-word terms of service for Internet access.

This was the first time she was being presented with the full contract for her new FiOS setup, and the service had already been installed and activated.

The LA Times article goes on to mention some of the more notable terms of the contract.  The interesting thing is that it would appear that this is not simply an oversight – that perhaps Verizon deliberately withholds contract terms from customers until they’ve already committed to the service:

As for why the full contract is withheld until after FiOS has been installed in a person’s home, [Verizon spokesman Cliff Lee] said only that “this is the way we’ve found that works.”

What has happened to make large corporations think they can simply change the deal at their whim, after a customer has already signed on the dotted line, without giving the customer the same right?  ” http://michigantelephone.wordpress.com/2008/03/19/verizon-not-upfront-on-contract-terms-los-angeles-times/#comment-417

No large corporation, with almost infinite legal resources and billions of dollars behind them, should be able to use their wealth to put real people at a disadvantage, because it would be presumed that only the corporations   had any legal rights.   Bell included now.

Bell had mislead me and many customers when they had offered their high speed unlimited download interent because their existing equipment, lines did not have the capability to do so too often firstly.
  
What started as a simple phone call by me in January 2007 to Bell tech help line to determine why my internet services were so slow and sluggish next had  become a major farce, cover-up on the part of Bell Sympatico. I was next lied to for months as to the real reasons Bell they rather had offered me their poor internet services to me and  to many others in my city for years now too.. and then Bell had even  lied to me some more, had also breached their contractual obligations to me many times too, had allowed me even to be slandered, abused on the Bell customer forums now too.. and why? so  that clearly greedy Bell can continue stay in business to make more money.. Bell  can’t have it both ways
 
and so who really cares now about the customer’s good welfare in reality? now? What not Bell itself, not the CRTC, not the federal government, not our Prime Minister Stephen Harper, not  the the federal Minister of Consumer Affairs, Jim Prentice..  not  any provincial consumer affairs Minister, but only the citizens, the news media, and the NDP party care about the citizens  good welfare really it seems. Not acceptable for sure too!
 
I also do think it’s reprehensible that Bell, etc., had now advertised unlimited download service and then next complain when you actually take them up on their offer. If a user wants to take full advantage of the service they pay for, they should be entitled to it by law now too.  Still  if they’re unwilling to provide the bandwidth I pay for, during the full duration that I pay for it, then they shouldn’t have been be telling me they can. This is why cable tv & broadband need to be regulated  like  electricity and phone.
 
First of all… it is not the ISP’s job to become the Big Brother police of the internet and world wide web, and it   such is a serious breach of freedom of speech, invasion of one’s personal privacy still too,  they the ISPs are there to provide a good, decent, reliable high speed service thus the term Internet Service Provider, some thing that Bell Sympatico in Canada clearly and wrongfully  has not be able to do for me often too.,, as you can read on this site often too. This Unauthorized bell watchdog needs to firstly look at itself and deal rightfully even firstly with it’s much too many customer contract violations, abuses and ASAP even in reality.
 
Practically all ISPs and there employees do read your e-mails and look at the sites you visit, without a wiretap order.
 
“The network is asserting almost complete control of the users’ ability to use their network as a gateway to the Internet,” said Marvin Ammori, general counsel of Free Press, a Washington-based consumer advocacy group. “They become gatekeepers rather than gateways.”
 
The ISP wrongfully sees itself as the sole judge of disputes in their contract obligations too.
  
This sort of contract, where the subscriber is considered to agree by signing up for service rather than by active negotiation, is given extra scrutiny by the courts. Any wiggle room or ambiguity is usually resolved in favor of the consumer rather than the company.
 
ISPs CAN BLOCK YOU FROM VISITING ANY WEB SITES
 
ISPs CAN WRONGFULLY HAMPER YOU FOR USING YOUR PAID FOR UNLIMITED CONNECTION TOO MUCH TOO LIKE BELL SYMPATICO FINALLY ADMITS IT HAS BEEN SECRETLY DOING BEFORE TOO.
 
The falsehood, misdirection that the Bells AT&T , Verizon, Sympatico aren’t as concerned about bandwidth hogs, because phone lines aren’t shared among households… is not true as well
 
 
So what is the government doing about protecting our privacy and stopping the invasion of our personal privacy in reality? Nothing again?
 
I too would rightfully like to see the provisions that made DPI (deep packet inspection) by ISPs to be made illegal not just by the CRTC but also by the federal government now too, including by Bell , the Big Brother’s false invasion of our home, personal privacy. Since we can readily know that the reasons given for the internet downloading inspections, capping are unjustifiable, what are the actual reasons now for these online now inspections too?
 

 

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