I believe my letter to DirecTV today says it all.
If anyone else wants to contact them, their e-mail addresses are:
'[email protected]'
'[email protected]'
DIRECTV, Inc.
ATTN: Ellen Filipiak, Senior Vice-President for Customer Relations
P.O. Box 6550
Greenwood Village, CO 80155-6550
Dear Ms Filipiak,
It has taken me a great deal of time and effort to locate you and your contact information and to detail the issue I hope you will take immediate action to resolve. I hope you will take the time to review my concerns and issues and then take prompt action to resolve them.
I am at the point where I can find little reason to continue service with DirecTV but every reason to tell everyone I know not to subscribe to the service, including my local cable company, who would, I'm sure, see what a great television advertisement my experience would make. I am also sure, from my research, the State of Virginia Attorney General would be interested in this matter as well if we cannot resolve it informally, as I hope we can.
To begin, if you review my account you will see that I have been a loyal DirecTV customer for many years and through several military moves. I hope to remain a loyal customer, but that depends on DirecTV's actions in resolving this matter.
As a bit of context, please also keep in mind that I have been paying my bill in full and on time by automatic payment since subscribing to DirecTV, but I HAVE NOT HAD SERVICE ON ONE OF MY RECEIVERS for OVER 3 MONTHS.
My problem began several months ago when the service to one of the receivers in my home abruptly stopped. Over the previous 3-4 months (which you can confirm by reviewing my service records), I had been experiencing a constant problem with the HD receiver "pixilating," with the audio and video breaking up and making the programming difficult to watch on the HD channels I was paying for and affecting my television (see below). Your service rep at the time stated the receiver would likely need to be replaced.
The reason for the service call was to troubleshoot and re-establish service on the TiVo satellite TV box in my home that I had been without the ability to use for several months, as previously mentioned. The service call occurred after I contacted and worked with at least 3 DirecTV customer service representatives or automated troubleshooting systems operated by DirecTV.
In all cases I explained the receiver was not getting any signal from the satellite and that I had already reset the system according to DirecTV instructions several times. Despite this, your service representatives, at each instance, made me go through the entire process again and again, declining to schedule a service call until I had done so. This took several hours and was a waste of time.
On or about September 3, my 65 in Optima RD65 DLP television, connected to the HD receiver by your install technician (see service records), abruptly ceased working (see further details of the relationship between the HD receiver and the TV below).
On or about September 4, your service representative arrived at my home, the location at which I contracted with you for service. The representative was courteous and helpful, a refreshing change from the telephone support representatives, and what precedes and follows is no reflection on him or the local repair personnel who, as you will see, did all they could to assist.
After his arrival, your technical serviceman made a complete inspection of my entire DirecTV system, both receivers, and all connections. His conclusions were as follows:
1. The DirecTV installer who installed my DirecTV system and the upgrade to the new HD receiver and service I purchased from you installed it COMPLETELY WRONG. Among the most serious of the negligent installation and associated actions were (but not limited to):
A. The HD receiver was NOT properly installed or grounded. This is a direct violation of DirecTV installation procedure and of local, FCC and other codes. This resulted in the receiver itself, my sound system, and my Optoma RD65 HDTV being completely unprotected and at risk for damage.
B. The HD dish installed was actually an older model when the technician should have installed the four LNB "slim line." In short, an obsolete dish was installed for the HD and local channel upgrade I paid for and on which the purchase of my new HD receiver and associated extension of my service agreement was based.
C. The old "round" normal DirecTV dish previously installed by one of your DirecTV representatives during my initial contract after moving to the area was not only left attached to my home but was connected to the TiVo receiver in my home that was non-functional and the subject of the initial service call.
In short, rather than connect both my systems to one new dish, DirecTV's installer left one connected to an obsolete dish not used by DirecTV in well over 5 years. This can only be the direct result of negligence or incompetence on the DirecTV installer's part.
D. The wiring from both dishes (as described by the technician) was a "bird's nest," jumbled and routed through a converter that was so old that DirecTV does not even use them anymore. Again, the negligence or incompetence of the DirecTV installer was the only possible cause.
2. The system, in its present state, could not be repaired. Resolving the problem required that the ENTIRE system be removed and re-installed, to include new wiring to the receivers, removal of the round dish from my house, replacement of the HD dish, replacement of the defective TiVo receiver, and possibly replacement of the ungrounded, "pixilating" HD receiver.
3. The level of repair needed could not be accomplished in the short time he had for the service call and would have to be rescheduled.
In my presence, your DirecTV repairman called his supervisor and explained the aforementioned and several other deficiencies. He informed me they would schedule a time to return and rebuild the entire system to "get it right." This would correct what was the result of previously negligent installations that directly resulted in unsafe conditions.
Shortly after the technician left, his supervisor, "Joe," from MASTEC telephoned me to discuss the situation. He explained again the problems with the system caused specifically by improper installation. He stated that in order for him to correctly schedule the work, I needed to contact DirecTV and place another work order. He dictated to me a list of SPECIFICALLY what he needed me to request.
I called DirecTV and finally reached a customer support rep. To save you time, let me synopsize a series of approximately 7 conversations I had with numerous representatives at DirecTV during the day. If you want the details of each conversation, I have them available in case this needs to go to another level, but, as I said, I hope to avoid that.
I dictated the exact list "Joe" gave me to the DirecTV representative and was told they would have to call me back with a date for the services as the "system was down." I was referred to the insurance section for replacement of the boxes and explained it to them. I received work orders for both.
Several hours later I received a call from DirecTV to schedule the date. When I reached a representative, I was told the work order had been cancelled and I needed to call DirecTV and start again.
I called DirecTV again. I explained the situation again. I gave the list to another rep. They also could not schedule a date.
This cycle repeated until I finally reached a nice young lady who checked with her supervisor, who said the only way to fix the problem was to completely cancel the work orders, start over, and list the work required as a "relocation," as if I was moving, in order to get the system completely re-installed. She also could not give me a date because her system would not let her.
I then received calls from no fewer than 3 DirecTV representatives asking me why I wanted the work done that was requested, and this required me to give the same story to each one.
I then received no fewer than 4 automated calls to schedule dates and was transferred to a DirecTV rep, where I had to relate the situation and what was needed again.
In the interim I had to telephone "Joe" no fewer than 6 times to keep giving him the work order numbers, which he tried to look up on his system, and when he could not, I started over. Joe also called me numerous times to update me and try to find the work in the system.
It is now Wednesday, September 6. A repairman just came to the house and called me at work. Ironically, he is the same person who incorrectly installed the HD system in the first place. Not surprisingly, he says there is no problem, that he was sent out to only connect two wires, that he is not allotted enough time for the job, etc.
As I type this, I am on the phone with "Brian" at DirecTV. He has personally called the technician at my house and he cannot convince him to do the work. "Brian" tells me that the soonest he can get me a "mover's connection" appointment is September 29th... Another month without full service.
I ask you to consider: if your own DirecTV representative cannot get your own technician to do work you were specifically contracted for, what can I do? Brian specifically told me on the phone that it was obvious to him the tech at my house just does not want to do the work. I asked Brian to report that attitude and this situation to the proper management representative. Only you know if he did that or not.
Your DirecTV representative also stated he was going to schedule the appointment on a Saturday so that I could personally be there and supervise the work.
I'll let you think about that for a second or two...
There is nothing in the service agreement that requires me to supervise technical personnel or other employees of DirecTV. I do not believe I am properly qualified to supervise the technical installation of your equipment.
Quite simply, in accordance with applicable state and federal laws, this constitutes a grievous breach of contract. Although the service contract I am currently under is earlier than the CUSTOMER AGREEMENT effective as of April 24 posted on your website, these actions constitute several breaches of the contract by DirecTV to this agreement.
If necessary, I will research the Customer Agreement in effect at the time I subscribed for additional violations, but my hope remains we can resolve this matter without the need to do so for the formal arbitration the contract provides for.
In that agreement, DirecTV agreed to provide me service for which I agreed to pay. DirecTV has not provided that service and, by the negligence of the installation, has created a safety risk and more likely than not caused damage to my TV equipment.
Section 8, "LIMITS ON OUR RESPONSIBILITY," in the CUSTOMER SERVICE AGREEMENT, paragraph (a) Service Interruptions, states: "We are not responsible for any interruptions of Service that occur due to acts of God, power failure or any other cause beyond our reasonable control. However, because we value our customers, for an interruption of a significant length of time that is within our reasonable control, upon your request we will provide what we reasonably determine to be a fair and equitable adjustment to your account to make up for such Service interruption."
It is indisputable the service interruptions were caused by negligence, possible gross negligence, on the part of employees or agents of DirecTV. These were clearly not an act of God or failure beyond your reasonable control, as you have both the legal and ethical responsibility to hire and maintain...
In accordance with Section 9, "RESOLVING DISPUTES," paragraph (a) Informal Resolution of the CUSTOMER SUPPORT AGREEMENT: "We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 9 (d) below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to the address on the first page of this Agreement, and we will send our notice to your billing address."
The hard copy of this notification is going to you by mail today, but this serves as formal notification. I am also providing you this notification in advance to give you every opportunity to engage in this process early so we can reach an equitable resolution. Specifically, in regard to what may be the damage caused to my HD television potentially by the negligent installation by DirecTV personnel, I have this day contracted with a certified manufacturer's service representative for my HD TV. At a cost of over $160, he is picking up the unit to give it a complete diagnostic and inspection.
I am giving you this opportunity to inspect the unit or have it inspected and consult with him if you desire. Should you decline to do so and the results of his inspection determine the damage was, in fact, caused by the negligent and improper installation of your equipment by your employees or agents, you understand that you forfeit any future right to inspection or rebuttal to his findings.
I will notify you immediately of any repair costs that the technician determines are directly or more likely than not caused by the negligent installation, and I will give you 24 hours to respond or inspect the unit for yourself before authorizing the repairs and adding the cost to the issues we need to resolve.
While you may initially tend to dismiss this as "an isolated incident," my research of other customer complaints and the body of evidence I have accumulated to date regarding those complaints shows it is not. The number of representatives and other DirecTV employees I have documented as dealing with in this matter clearly shows there is a systemic problem.
In conclusion, while I understand some portions of this correspondence may appear harsh, I ask that you consider that I am honestly trying to resolve these issues and remain a DirecTV customer. I'm sure you'll agree that the average person would have initiated litigation without trying to work this problem out with you informally.
Thank you for your time, and I look forward to hearing from you. Should you fail to respond within the next 10 working days, I will take the additional appropriate action.
Sincerely
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