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If A Company Stops Providing a Service�..


BEC

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If a company stops providing a service, do they have to tell you, or is that your job to figure that out and complain?

I had kept a dial-up internet service with Earthlink as a back-up for my normal DSL service. Over the years, I had to use it a few times to keep going during an outage of my regular internet service provider. So, last night, I decided to connect using the dial-up service to make sure it works on my new computer. I found that the dial-up number had been disconnected and Earthlink has no local dial-up number for this area. The monthly bill though has always been sent and I paid them.

Called Earthlink and requested that the service be cancelled (since they no longer provide the service) and that my monthly payments be refunded back to the time that they discontinued service to this area. Spent a lot of time being transferred and finally got up to management level of supervisor, (at least that is what he told me). He told me that it was my responsibility to let them know when the service was discontinued not their responsibility to let me know. He has refused to tell me when service was discontinued, actually, he says that there would be no record of that. I think there is a record of when they had their local dial-up number disconnected.

By the way, they also want the money for the rest of this month. They say that they cannot cancel it until the end of the month. So, even though Earthlink and I both know they are not providing a service to me right now, they still mean to get one more month of payment.

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Here in West Virginia we have a Public Service Commission we can complain to. Whenever I had trouble with a phone company, I would throw that out there, and all the sudden they would treat me like royalty. They do not want to have to deal with the gov't. Is there a regulatory commission there you could threaten them with?

edit: You do have a PSC. Here is the contact page: http://www.apscservices.info/contact.asp I would call Earthlink and tell them your next call is to the APSC. I bet that will shake things up...

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I would assume when you sign a service contract, the provider has to provide a service, I also think as a federal regulated service, you should have some protection..ISP's are a little different. Tell them you are calling the AG in your state and are willing to make a complaint, and then to the FTC for fraud.... talk to someone in all areas, get names, make notes, all along the chain.. demand dates of service termination in your area, and a refund. Good luck Bob thanks for those caps, they worked great!!!

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By the way, they also want the money for the rest of this month. They say that they cannot cancel it until the end of the month. So, even though Earthlink and I both know they are not providing a service to me right now, they still mean to get one more month of payment.

What a crock!!! Don't let them bully you Bob.

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I call BS on them, call them CROOKS, and even with the current state of business I find this completely mind boggling.

Wonder how this would play if a hospital shut down, turned off the power to the ICU and walked away.

Silly? Maybe...but the prinicple is precisely the same.

Dave

PS - I'd love to hear Jeff Matthews or Robert's take on this from a legal standpoint. Sheesh, you'd think it would be an easy one even for small claims. I mean, taking money and failing to provide the service? And "...can't cancel..." just WHAT until the end of the month? Picking your pocket?

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Bob, that's about as bad a story as i've heard. I was once an earthlink customer and had a heck of a time getting cancelled with them. I think they would be an excellent candidate for calling the AG. The Arkansas AG has a dedicated consumer staff. Definitely worth a call.

it's astonishing that they wouldn't at least refund the last three or six months.

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A little update. Earthlink has decided to give me a credit for the current months charge for service they are not providing. Still working on some refund. Main problem is how to know when they stopped providing the service. They can not or will not check on when the service was discontinued. What they say is that perhaps the service was discontinued the same day I mentioned it, so unless I can pinpoint the time they stopped providing the service, they will not do anything.

Now, here is the only fact I have on that. The local dial up number was 479-498-0952. If you dial that number, you get the recording saying that the number has been disconnected. The telephone company says they can not tell me when it was disconnected. They do know, of course, just will not give out that information. I sure need that one more piece of information and the two places that could provide it will not provide it.

By the way, already tried the wayback machine. It did not record the particular page that gives local dial-up number for this area. Thought I had them for a moment when I was inside the wayback machine.

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They can not or will not check on when the service was discontinued.

The telephone company says they can not tell me when it was disconnected. They do know, of course, just will not give out that information.

CROOKED!!!

Dave

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I'd have their records subpoened though a 30(B)(5) ducas tecum to their records custodian. Or a judge can order them produced. But a complaint would have to be filed with the courts first.

But in short they broke their end of an implied contract to provide services. Since you've been paying (and keeping your end of the deal) that's one in your favor. People think that if you don't get something you pay for or if the produce/service is faulty that the payor does not have to pay id there is a contract. But sometimes that can be seen as the payor being just as guilty as the payee if the payor sues or complains. BUT, this may all depend on weather there is a signed contract or not.

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The reality of this thing is that we are not talking about lots of money. We are talking about $10.00 per month. But, for whatever number of months I paid that without them even being available to provide that service, I woud like that refunded.

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people still pay for dial-up? Indifferent

If you have to be online to do business it is good to have a backup access to the internet even if it is dialup.

There is always some fiber seeking back hoe ready to do some damage to your internet connection.

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