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Any lawyers please read and respond :)
December 23, 2008
6:23 pm
iamdrumming
Niagara Falls
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I was going through SpeakOut's Terms & Conditions on their official site, and came across the 911 fee being deducted each month. This is a direct copy and paste:

"A 911 emergency Regulatory Cost Recovery Fee of .99¢ will be debited from your account on a monthly basis. "

Now, notice where it says the fee of .99¢ will be deducted from an account on a monthly basis.

Technically, they are saying .99¢ will be deducted, in other words, .99 of a cent, (less that a penny) NOT .99$ which is 99 cents. See what I'm getting at?

They are saying we are to be deducted .99¢, NOT .99$

Since we are supposed to (according to the Terms & Conditions) what THEY wrote, we should only be getting deducted about a penny a month for 911 fees. We have been getting over-deducted all along, technically.

I would LOVE for someone to forward this to a lawyer, or if a lawyer could comment on this.

Here's the Terms & Conditions statement of SpeakOut Wireless, where it states we should only be paying .99¢, instead of .99$

http://speakout7eleven.ca/page...../index.php

Can you say "class action lawsuit"?

December 23, 2008
6:55 pm
Okanagan
Penticton - BC
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IamD - I think you have too much free time on your hands when you spend it reading the terms and conditions 🙂

I wouldn't hold my breath on the chances of success of trying to test this one in court but good luck!!!

Merry Christmas to all

December 23, 2008
7:04 pm
iamdrumming
Niagara Falls
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No, don't have too much free time, but I think it's always wise to read the fine print, and not to take everything at face value.

There was a case in the States not too long ago about something like this. Some corporation wrote up a "Terms & Conditions", and put a comma in the wrong place, which made a statement take on a whole new meaning. Someone found out, the company was sued over millions of dollars, and the company lost, all over a comma! I'll try searching for that later, but it does happen.

Technically, I have a point, and would like to hear from a lawyer on this one.

December 23, 2008
7:14 pm
bylo
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Take it to Tony Merchant. While you're there, if you came to SO from Bell, Telus, Rogers, etc. join the SAF class action. Check out their other active class actions in case any interest you.

Don't hold your breath waiting for a judgement, let alone a lottery prize 😉

December 23, 2008
7:27 pm
iamdrumming
Niagara Falls
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Bylo,

Thanks for the links. Don't know if anything will become of it, but I have nothing to lose. I emailed him anyway, so we'll see what his reply will be.

December 23, 2008
7:31 pm
iamdrumming
Niagara Falls
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I found that story about the comma. I thought it happened in the USA, but it happened right here in Canada, and it involved Rogers, the company Speak Out uses

Read about it here:

http://www.theglobeandmail.com...../Business/

December 23, 2008
9:25 pm
Miguel
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Reminds me of the "Verizon Can't Do Math" issue:

http://verizonmath.blogspot.com/

and

http://consumerist.com/consume.....220723.php

Funny stuff -- Verizon was advertising roaming data rates of ".002 cents per kilobyte" but instead charged "0.002 dollars per kilobyte."

Same basic issue.

December 23, 2008
9:41 pm
Okanagan
Penticton - BC
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iamdrumming said:

Technically, I have a point, and would like to hear from a lawyer on this one.


Technically, I'm not sure you have a point - how long have you actually had a SO phone - if I recall from some of your previous posts - it has only been a matter of months - also, how come it took you several months to feel you are being ripped off at $.99 per month - would it help if I paid you .495¢

iamdrumming said:

Bylo,

Thanks for the links. Don't know if anything will become of it, but I have nothing to lose. I emailed him anyway, so we'll see what his reply will be.


Gee IAMD - all of the SO phone holders really appreciate your efforts here - the reason most of us use this service is the reasonable costs involved - so even if your interpretation is correct and some slimy class action lawyers decide to take this on - who benefits - the lawyers, my friend !! - SO users don't - the service provider will have to pay $$$ to defend a potential suit and will pass the costs along to guess who - ?? AND even if the suit is successful - we, the users get $11.88 back for each year - give your head a shake 😉

I think you should turn in your moderator's badge - I would imagine Peter's intent on this excellent website is to help others and provide helpful information in a positive manner - not attempt to stir up the pot with kneejerk ramblings which do nothing to further the positive input to this site, but rather seek to create problems for the service provider and increase OUR costs in the long run. Sometimes sobre second thought is needed before one runs off at the post 😉

I take back my Merry Christmas to you. Bah Humbug!!

December 23, 2008
11:05 pm
iamdrumming
Niagara Falls
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I just noticed a technicality in their "Terms & Conditions", that's all. Nothing will come of this "enlightenment" Don't get your Christmas panties in a tizzy my friend 😉

I hope you have a very merry Christmas as well 😉

December 24, 2008
12:55 am
Miguel
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Just means that people at 7-11 don't know the difference between cents and dollars. Especially when decimals are involved.

Not a surprise.

December 24, 2008
4:47 am
starter
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The .99c 911 fee was noted by this forum long ago.
I don't mind paying .99$ although T&C says .99c.
Why do you want to make a rich lawyer richer?

December 24, 2008
8:41 am
bylo
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Why do you want to make a rich lawyer richer?

I don't. I realize Merchant is a modern-day Shylock. I just answered the question of how one might pursue this legally.

The 99¢/month doesn't bother me. Some months that's more than what I'm charged in air time. ISTM that there are fixed costs in maintaining a service even if I don't make use of it every month.

Now if they jacked up that fee to a few dollars...

Anyway, Seasons Greetings to everyone. Let's not bicker, especially at this time of year.

December 24, 2008
10:30 am
iamdrumming
Niagara Falls
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bylo said:

Anyway, Seasons Greetings to everyone. Let's not bicker, especially at this time of year.


I agree. Merry Christmas everyone!