"Up to" is not false advertising -- it's standard with ISPs (not just Hughesnet) and it reflects technology and reality.
@maratsade wrote:"Up to" is not false advertising -- it's standard with ISPs (not just Hughesnet) and it reflects technology and reality.
I wish we could do away with the "up to" argument. It reflects a lack of understanding of consumer law.
A company can not advertise "up to 25 mbps download," deliver 0.3 mbps download, and then claim "well, it's 'up to.'"
Courts will apply what's called a "reasonable test" to any contract. If they promise one thing, but caveate it behind a qualifier, a Court is going to ask if their caveate is reasonable.
Advertising 25 mbps and delivering 20 mbps is reasonable, as long as they hit that 25 mbps at times.
Advertising 25 mbps and never hitting that number is not reasonable. That could fall under false advertising, even with the "up to" qualifer. Consumer Protection agencies are really picky about stuff like that.
Advertising 25 mbps and delivering 1 mbps for part of the day and 25 mbps for another part of the day probably wouldn't survive a challenge either.
Please understand before people start banging on that Reply button and racing to rebut this. I am not accusing HughesNet of anything. I am just throwing out examples I pulled from the air. HughesNet knows Consumer and Contract law very well. They aren't advertising a speed they aren't trying to deliver. That would be foolishness.
I just want to kabosh this "up to" argument that gets far too much play without really understanding what it means in a legal sense.
"A company can not advertise "up to 25 mbps download," deliver 0.3 mbps download, and then claim "well, it's 'up to.'"
Yes, they can.
"Courts will apply what's called a "reasonable test" to any contract. If they promise one thing, but caveate it behind a qualifier, a Court is going to ask if their caveate is reasonable"
Hilarious.
@David Clarke wrote:
So what is the acceptable speed with a “up to 25mbps” package?
That is the million dollar question.
Ask a hundred different people and you'll get a hundred different answers.
As a consumer, reasonable is what you're willing to put up with before you stop doing business with them.
Legally, reasonable is what you can convince a judge it is. That not only depends on the judge, but the day of the week and the mood he is in.
Your best bet is do whatever you can to help HughesNet resolve your problem. Give them the data they need. Keep following through. Don't be a pest, but don't let them forget. The more reasonable (see, there's that word again) you are, the more cooperative you are, the better case you have if you ever have to take things to the next level.
@David Clarke wrote:
That is a calm, rational well thought out approach that I have been following up to this point. I know I have called at least 20 times, run hundreds of speed tests, rebooted my modem and computer countless times, had technicians show up as well as not show up and I still don’t get what I pay for.
Be sure and document everything you have done, including those no shows. The more records you have, the better.
Good morning David,
Welcome to the community and thank you for posting. I pulled up your account and I'm glad to see see that you have a site visit scheduled for this afternoon to address your concerns. Let us know how it goes!
Good morning David,
I see the site visit has been completed and successful. It's been over a week since we last heard from you, so we will close this thread. If you still have concerns, please start a new thread and include a detailed explanation so we can more effectively help you.
If you've run tests at testmy.net, do you have the results page URL that you can post, or results from HughesNet's own speed test?
If you would like help with your speed issue(s), please start a new topic, which you can do here... https://community.hughesnet.com/t5/forums/postpage/board-id/TechSupport
Please try turning off, or pausing (Snooze), the Video Data Saver to alleviate the buffering issues. What Is Video Data Saver? If you need further assistance, please create a new topic using the link provided above. Please also follow the Community Guidelines and refrain from profanity.
@GabeU wrote:If you would like help with your speed issue(s), please start a new topic, which you can do here... https://community.hughesnet.com/t5/forums/postpage/board-id/TechSupport
Please try turning off, or pausing (Snooze), the Video Data Saver to alleviate the buffering issues. What Is Video Data Saver? If you need further assistance, please create a new topic using the link provided above. Please also follow the Community Guidelines and refrain from profanity.
Not to highjack the thread but I followed your link and it showed how to snooze Video Data Saver via the usauge meter. I am running Mac OSx and there is not an option for video settings in the usage meter. Do you know what gives here?
I'm not really sure about the Usage Meter with Mac OSx, but the link should also give instructions on how to turn off or Snooze the VDS through the HughesNet MyAccount site, as well.
Sign into the HughesNet MyAccount site, then click on Settings on the drop down under My Account. The Settings page will give the same VDS options that should be on the Usage Meter.
As for the issue with the VDS options not showing in the Usage Meter with your Mac, you may want to start a new topic about it. Other Mac users may have some suggestions, and if they don't the reps will probably be able to help. The only thing I can think of to try in the meantime is shutting down the Usage Meter and restarting it, which may fix the issue of the VDS settings not being there. There's no guarantee, of course, but again, I'm personally not familiar with anything having to do with Macs.
I have the same complaint. I have had my satallite for a total of 4 hours and it is painfully slow. I still have my DSL connected which maxes out at only 2.5mbps download and it faster than the satallite.