I am filing this complaint against AllSat, Inc. And Dish Network in response to a false claim of $325.00 in unpaid penalties submitted to the credit reporting agencies. This fraudulent claim has lowered my credit score by over 100 points and comes just as I am relocating to a different city.
AllSat, Inc. Sent me a letter dated 04/24, regarding "a violation to the Terms & Conditions." AllSat alleges that I agreed to a document entitled, "AllSat, Inc. Offer Terms and Conditions" enclosed in the correspondence in which they state that I owe $325 for the violation.
As instructed by the letter, I replied to their billing department via email ([email protected]) and to the president of the company Ben Soldberg ([email protected]) on May 22.in a follow up telephone call today (May 24), the customer service representative claimed not to have received my emails and informed me that I have been turned over to their collection agency.
Seven months prior to this I placed a phone order with AllSat, Inc. (a sub-contractor of Dish Network) for installation and service of Dish satellite television. Within one month of my order the high definition service for local channels ABC, CBS, NBC and Fox were discontinued as a result of a law suit. This rendered my top-of-the-line high definition television package worthless. After unsuccessfully trying to rectify the situation with Dish Network I cancelled my service.
I am an independent high-tech consultant and relocate frequently. With this in mind I amended the Dish Network agreement both on the front and back before I signed it and refused to sign my initials agreeing to the 18-month service contract. The amendments made to the agreement explicitly released me from any service obligation to either AllSat, Inc. Or Dish Network.
In addition to striking all pertainent clauses of fine print, I stated in writing above the signature line that I did not agree to be bound by any service contract and did not agree to a termination penalty of any kind. Both AllSat, Inc. And Dish accepted this agreement when they activated my service.
I ordered from AllSat because I found an marketing offer on the Internet through a recommendation website. I linked to AllSat's website briefly and called the number provided on the top of the website to inquire about the offer. As I placed my order with AllSat, Inc., I was offered a discount If I agreed to an 18-month commitment, which I DECLINED. I was then assured by AllSat's customer service representative that there was NO service obligation or termination penalty for the plan that I ordered. Their customer service representative made no mention of any additional terms and conditions whatsoever.
Under general contract law the purchaser must actually agree to be bound by terms and conditions. If there is no agreement then terms and conditions are unenforceable. AllSat alleges that I consented to its terms and conditions electronically by merely visiting its website. However, a decade of legal rulings on this subject clearly demonstrates that purchasers are bound by electronic terms and conditions only if they affirm so by clicking on an agreement mechanism (e.G. "I Agree" box). AllSat, Inc has no such electronic mechanism on either their website or any email communication.
Furthermore, most states hold (including the one I am in) that a purchaser cannot be charged or penalized for a violation to terms and conditions "unless such representation or assurance be made in writing, signed by the party to be charged therewith or by some person thereunto by him legally authorized."
AllSat, Inc, is in willful violation of the Fair Credit Reporting Act (FCRA) under section 602 of the Act (15 U.S.C. 1681) for accuracy and fairness in credit reporting.
AllSat, Inc. And Dish Network have no legal standing as to the claims they have made against me. I hope that I have helped expose AllSat, Inc. And Dish Network as predatory companies that use illegal tactics to extort money and exact costly credit penalties on unsuspecting consumers. AllSat, Inc. And Dish Network are not above the law and should not be allowed to continue to operate as though they are without severe consequences.
James
Irmo, South Carolina
U.S.A.
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