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Phone didn't work and they have the nerve to charge me a termination fee!!!!

New Member

Phone didn't work and they have the nerve to charge me a termination fee!!!!

I dropped the phone service because it didn't work most of the time .I called and complained again and again. on  dec 19th my husband had a medical emergency and I had to call 911 but guess what there was no dial tone on my phone! Thank God we had a cell phone available that I could use or he would have DIED!!!!!!!!! Needless to asy I cancelled my phone service thru HUGHESNET. Well guess what They are Charging my credit card $220.00 for early termination!!!!! Not only do the have horrible service but they really have it figured out, they just take the money so you can't refuse to pay for their crappy service! I in NO way feel I should have to pay the early termination fee since I only had the phone for a 2 months and I complained several times that it never worked properly. I tell you what if my husband would have died because of a phone service that didn't work I would have sued an it would have been for a heck of alot more than $220!!!!!  I think HughesNet has a poor product and If they really cared about their customers they would have apoligized over and over and let me cancel my voice without charging me for leaving their crappy phone service that never woked right anyway!!! I can't wait till  my internet contract is up because I am going to say good bye! and never look back!
23 REPLIES 23
Associate Professor

Re: Phone didn't work and they have the nerve to charge me a termination fee!!!!

Donna, I highly suggest you read your contracts for both voice service and internet service, and in the future, have a landline phone, or cell phone for emergencies.  VOIP is NOT a reliable system in the event of emergencies, at all, that includes services such as Magic Jack, Vonage, and so on.  As for the $220, that's a bit high since the termination fee for voice caps out at $120.

http://legal.hughesnet.com/VoiceServiceAgreement/index.cfm

2. SERVICE COMMITMENT, TERMINATION, AND SERVICE TERMINATION FEES
HughesNet offers two different Voice Service Plans. With one of the Voice Service Plans, you are committing to receiving Voice Services for a minimum specified term. With this Plan, if you terminate the HughesNet Voice Service after activation but prior to expiration of that commitment, you will owe, and your credit or debit card will be charged a Service Termination Fee, up to a maximum fee of $120. The amount of this Service Termination Fee will then decrease each month by an amount equal to $120 divided by the number of months of the commitment period. By way of example, assuming that your commitment period is 24 months, and you elect to terminate your Voice Service Plan after 6 months, the amount of Service Termination Fee will be $120 – (6 months x $5/month) or $90.
Section 1.3 (“Service Commitment and Early Termination Fees”) of the Subscriber Agreement shall not apply to the HughesNet Voice Service. ANY SERVICE TERMINATION FEE CHARGED WITH RESPECT TO THE HUGHESNET VOICE SERVICE SHALL BE IN ADDITION TO, NOT IN LIEU OF, ANY SERVICE TERMINATION FEE CHARGED PURSUANT TO SECTION 1.3 OF THE SUBSCRIBER AGREEMENT WITH RESPECT TO THE SERVICE.
If you elect to terminate the HughesNet Service, it is not necessary for you to also terminate the HughesNet Internet Access Service. A request to terminate the Voice Service shall not be treated as a request to terminate the Service. However, if you request to terminate the Service, this will be treated as a request to terminate the HughesNet Service, and you will be charged the Service Termination Fees, if any, applicable to both the Service and the HughesNet Voice Service.
You agree to provide Hughes with thirty (30) days’ notice of termination of the HughesNet Voice Service, subject to the Service Termination Fee to the extent applicable. You shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Hughes. Hughes reserves the right, at its sole discretion, to suspend, terminate, or change the HughesNet Voice Service without advance notice for any reason, including without limitation, misuse of the HughesNet Voice Service in any way, Your breach of this Addendum, Your failure to pay any sum due hereunder, suspected fraud, or other activity that adversely affects the HughesNet Voice Service, Hughes, Hughes's network, or other customers’ use of the Voice Service. Hughes reserves the right to determine, at its sole discretion, what constitutes misuse of the Voice Service, and You agree that Hughes's determination is final and binding on You. Hughes may require an activation fee to change or resume a terminated or suspended account.
7. 911 – EMERGENCY SERVICE
YOU ACKNOWLEDGE AND AGREE THAT HUGHES WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING THE HUGHESNET VOICE SERVICE OR TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE ALTERNATIVE 911 AND E-911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS ADDENDUM. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HUGHES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER OR SUPPLIER WHO FURNISHES SERVICES DIRECTLY OR INDIRECTLY TO YOU IN CONNECTION WITH THE HUGHESNET VOICE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE HUGHESNET VOICE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE HUGHESNET VOICE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
11. LIMITATION OF LIABILITY AS TO HUGHESNET VOICE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HUGHES NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE HUGHESNET VOICE SERVICE OR INABILITY TO USE THE HUGHESNET VOICE SERVICE.




New Member

Re: Phone didn't work and they have the nerve to charge me a termination fee!!!!

Charles, I think a good lawyer would have a ball with that. A customer is paying for a service, the customer calls repeatedly that the service is non functional which proves the provider is not providing a service the customer is paying for. Basically the provider is not fulfilling the contract the customer signed up for.
Highlighted
Employee

Re: Phone didn't work and they have the nerve to charge me a termination fee!!!!

Donna, sorry to hear about your experience. Could you provide your ESN or a ticket number so I can look at your Internet service?

Thanks,
Chad
New Member

Re: Phone didn't work and they have the nerve to charge me a termination fee!!!!

Robin, the policy is clear enough that a lawyer could probably not do much.  Donna, when I signed up for the VOIP and Net the policy was never explained to me or even told to me, not even an email.  I had to take it upon myself to read it on their website.  I can understand an early termination for the satellite because most of the time they do free installs and have to cover their expenses...but for the phone ATA it is very simple to install that a novice user, given the right instruction, could install it easily enough.  I do not support the early disconnect.  Now, when I signed up for the trial of the NET I was told I would get a trial of the ATA phone service if I wished, and I agreed.  I was not held to the policy.  I understand that this is not the case with everyone, but I had the phone for like a week and it never worked right.  Latency, dropped calls and missed calls happened all the time so I was allowed to get out of the term policy.  With that said, I hope you receive satisfaction.
New Member

Re: Phone didn't work and they have the nerve to charge me a termination fee!!!!

There has been more than one case won in court cases where contracts were all about CYA,front loaded to try to slip past their fiduciary responsibilities. From the sounds of it HN was not fulfilling their contract to you or Donna in even a minimal way. Fancy wording in a contract does not relieve the provider of the service from liability when it is not functioning enough to warrant the costs..
New Member

Re: Phone didn't work and they have the nerve to charge me a termination fee!!!!

thank you  Charles  great info. will keep it in my computer  ,thanks!
New Member

Re: Phone didn't work and they have the nerve to charge me a termination fee!!!!

whats my ESN.
New Member

Re: Phone didn't work and they have the nerve to charge me a termination fee!!!!

WellI was never told it was not a reliable phone service when I signed up! Who would pay for a service if they know it's not reliable?? I called numerous times and the "Customer Support" was NO help what so ever! And My policy I was emailed stated nothing in regards to the phone! Only the Internet.
Associate Professor

Re: Phone didn't work and they have the nerve to charge me a termination fee!!!!

In all honesty, it is upto consumers to research products prior to purchases.  VOIP is VERY different from the old POTS you are used to, and while VOIP has ways to handle 911, it doesn't work the same way.  Curious, what about Satellite based VOIP made you think it's reliable compared to landline?

You do understand in many situations your signal can go down, and in those situations you have no phone.  What would you do if there was a hail storm that knocked the dish out the day your husband had a heart attack?  Blame Hughes for the hail storm?