RE: Cover Letter NOTICE and 20 Pages attached, unresolved dispute, Violations of the Fair Debt Collection Act, Title 15 United States Code § 1692, §§ 806 Harassment. Deceptive Trade Practices, Wire Fraud, 18 U.S.C. §1343, Mail Fraud, 18 U.S.C. 1341, Racketeering, 18 U.S.C. §§ 1961 - 1964, and Failure to provide full disclosure upon entering into a contract (Baiting).
CERTIFIED MAIL # 7006 2760 0005 3681 4487, Return Receipt Requested.
Notice of attempt to resolve dispute prior to suit
General Counsel:
I am sorry to say that obtaining any customer service from your company is the most frustrating endeavor I have ever encountered. How you stay in business is beyond me. However, that is not what this letter is in regard to. This letter and/or any further action on my part, will be based on your actions to correct my dispute within ten (10) days of your receipt herein, and thereafter, leave me alone.
This letter is my formal and final notice to you that I do not intend to go through your arbitration process as set forth in your unconscionable agreement, but instead, I intend to file a lawsuit in the United States District Court for the Northern District of Texas, Fort Worth Division, for numerous violations of the above Federal Statutes. The aforementioned will be hereinafter explained. I so state this, because I have yet to talk with any manager or customer service representative with DIRECTV, that has enough intelligence to understand where I am coming from. I further state, that if forced to, and upon filing suit if my dispute is not immediately remedied by you, I intend to subpoena numerous customer and billing records from DIRECTV regarding what I believe constitutes DIRECTV’s fraudulent billing practices and unlawful collection of early termination fees.
1.) Please take particular note that I have attempted to resolve this dispute by numerous phone calls and by numerous letters sent FED-X return receipt. Talking to your managers is like talking to the wall, AND MY LETTERS HAVE GONE UNANSWERED. I hope that by this letter, we can resolve my issue prior to instituting suit. There are twenty (20) attachments to this letter.
2.) I will first address the fact that prior to this final letter to you, I have tried to resolve the early cancellation fee issue by phone and in writing, because you have failed to produce a contract with my bona fide signature, and have failed to produce a tape recorded consummation of my agreement to participate in your services for 2 years. Now I am receiving numerous harassing calls and bills in the mail from your people attempting to fraudulently collect a debt which not only do I not owe, but never agreed to, or contracted to. There have been at least ten recorded harassment contacts by your company in attempt to collect an amount I do not owe. Even after referring them to my letters, your agents pay no attention. This constitutes ten (10) counts of harassment in Violation of Title 15 United States Code § 1692, §§ 806. Understand that if I must bring suit against you, 15 U.S.C., §§ 813 allows for the recovery of $1,000.00 per incident. DIRECTV’s violations are now 10 and rising. This is my notice in writing, that unless you want to negate the fraudulent cancellation fee, zero balance my account, and remove me from all of your records, plus remove any derogatory credit reporting you may have made against me, you will be sued. This is my written notice pursuant to the above act, do not call me again.
3.) Upon obtaining your service, your Contract titled Customer Agreement, was not fully disclosed by your sales people, nor was the website location. Your contract is an absolutely unconscionable contract, because it does not refer to any time commitment for programming services. A.) I am of the belief that your contracts, i.E. The Customer Agreement, and Lease Addendum were purposely separated with the intent to deceive new customers regarding time commitments, as an endeavor by DIRECTV, to hide and fail to disclose the time terms that a new customer is signing up for. Moreover, the Customer Agreement only refers to the Lease Addendum in paragraph 1. (I) Loss of Equipment. There is no referral regarding time commitment in the Customer Agreement, which refers a potential Customer to the Equipment Lease Agreement. Therefore, the customer is not aware, nor do your representatives make them aware the agreement is being consummated by fraud by omission, making said agreement unconscionable. I further refer you to section 5 (b) Your Cancellation. This section totally fails under the Four (4) Corners Doctrine of Contract Law, because it fails to refer to the terms set forth in the Equipment Lease Addendum. Additionally, after printing a copy of the Customer Agreement so I could read it on paper, it prints at about a 4 to 6 point print. This alone is unconscionable in that it is hard on the eyes and hard to read. I contend that DIRECTV purposefully used this size print as a pattern, custom, practice and policy of DIRECTV with the intent to deceive and defraud its customers. More or less, your Customer Agreement fails to provide disclosures which are material to the transaction.in essence, your disclosures are not clear and conspicuous regarding early cancellation and fees and time commitments, coupled with the failure of your sales people to refer the potential customer to all of your online agreements that relate to the transactions at hand. The acts and training of your sales agents are so egregious, they may constitute WIRE FRAUD BY OMISSION. Your Customer Agreement further makes express and implied claims which are not disclosed. This constitutes deceptive trade. Just the fine print on your Customer Agreement alone, fails the test under the Clear and Conspicuous Disclosure Requirement. Then upon attempting to resolve these issues with your billing people, they only state that I am under contract. So, if i am under contract, produce the contract with my bona fide signature, or a tape recorded conversation of my agreement to any years of service with you. I know you can not because I made no such commitment. Additionally, all of my letters went unanswered to which I contend, you are now in default.
4.) I have taken a serious look a the Federal Racketeering and Corrupt Influence Statutes.By the aforementioned, it appears to me that should I be forced to file suit, and after discovery is completed, a valid class action RICO lawsuit will exist. All RICO violations under Title 18 entail (1.) A person who engages in (2.) A pattern of racketeering activity, (3.) connected to the acquisition, establishment, conduct, or control of an enterprise. A RICO claim requires that the defendant participated in the operation or management of the enterprise itself, and the fear of continued criminal activity. See Crow v. Henry, 43 F. 3d 198 (5th Cir. 1995), and Reves v. Ernst & Young, 507 U.S. 170,185 (1993). Just a little case law for your reading pleasure. The way I see it, DIRECTV entices customers by these deceptive good monthly deals, then if at all, only refers the customer to the customer agreement, and not the lease agreement. Therefore, the customer has no idea that he is signing up for a long term commitment. Then upon early termination, you maliciously charge an early termination fee to people, who like me, had no idea they ever contracted for this service. This constitutes the first predicate act to RICO, that being violations of 18 U.S.C. § 1343, Wire Fraud. Additionally, you then place a bill in the United States Mail in attempt to collect these fraudulent charges. This constitutes violations of 18 U.S.C. § 1341, Mail Fraud. Moreover, you then continue to call and harass your customers as you did me, in an attempt to collect a debt not owed. To me, this policy constitutes extortionistic credit practices, a further violation of Federal Law under what you claim to be color of official right. Well, you are wrong, and I have had enough.
You have ten (10) days to notify me that my account is closed, and there will be no early termination fees applied. I have sent you back all of your equipment. Furthermore, if you have placed any derogatory information on my credit, it had better be removed. Also be further advised, if you take no action and I am forced to file suit, I will also file formal complaints with the F.T. C, f.C.C. And the Attorney General of the State of Texas. You have been noticed.
Respectfully submitted
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