G+_T Nohands Posted February 15, 2017 Share Posted February 15, 2017 Sorry for the length of the post Fr. Robert Ballecer, SJ but there's no way to describe any legal argument in a short description or definition it turned out longer than expected or intended however it's still something people should think about whether or not they agree and I'm also curious about your thoughts.. This is a tricky case that is arguing Verizon can not carryout their actions against their grandfathered customers and how their new unlimited plan is being offered to prevent multiple state and federal class action lawsuits and not as news media presents as the beginning of a "price war". Verizon's new unlimited plan is not an attempt to compete with other carriers since first off they make enough profit from other services and patents to be comfortable with loosing customers as well as the fact if Verizon was really trying to compete in a "price war" as the news portrays, their they would not start with pricing $10 to $30 more than the other carriers (I mean Seriously does anyone think Verizon wants to admit they lied about " their customers not wanting unlimited data but prefer their tiered plans" forcing customers to pay more and all). The real reason is to avoid class action state and federal lawsuits. So being one of those Verizon customers with the grandfathered unlimited data plan that Verizon sent the letter to, I started collecting all the papers together and requested a copy of my contract and a written letter stating why my service will be canceled. I was seeing legal counsel seeing as what they're doing is illegal in my state and federal law, and is no different than a restaurant telling a customer they ate too much during their all you can eat special last time so they can't join everyone else for the all you can eat special today. So since Verizon is claiming they're not in breach of contract because the customers with unlimited data plans are not protected by their contract because the contract has expired and is not legally binding anymore. That's when Verizon made a big mistake for if the contract is now void and not legally binding then so is the no class action clause in it. So after they pull the trigger shutting the service off on those customers at the end of Feb 16 2017 that's when they'll meet the requirements of several state and federal laws, thus being legally open to class action for several versions of false accusations for claiming the less than %1 of their users are effecting the bandwidth when they use excessive quantity of data, false advertisement, within each state, plus violating the grandfather act within state and federal legal definitions along with the official statement made by Verizon within their own website stating the terms and how the customers with unlimited data won't have their plan taken away like the international data plan "because the Email and Web data package is not optional or can be removed. Now, if a customer chooses to move to a tier data package or cancel their services then the grandfathered plan no longer applies of course. But grandfathered you are, grandfathered you stay; as long as your line remains active within the same device type." a direct quote. Thus meaning they qualify for a class action filed in multiple states as opposed to a single class action in a federal court, which they could still face if even one state sets a legal precedent . Not to mention Tom Wheeler of the FCC is looking to prosecute Verizon specifically with the other carriers for the use of the word "Unlimited" . So here we are within just a few days of their deadline when they will terminate service of customers promised by the letter of the word "Unlimited" within the name guaranteeing the Unlimited quantity of data use and availability without there being any punishment or penalizing of any kind concerning the quantity of data, when all of a sudden Now they bring back an Unlimited data plan (what a coincidence) So it's possible one of their lawyers looked at a legal complaint and realized that Verizon is not only unprotected but extremely vulnerable to multiple class action lawsuits. So here's the thing they're still vulnerable because they won't be guilty until after they turn the service off on those customers that received that letter so craftily worded so as to not give the exact reason for the customers being penalized and punished. So if those customers that got the letter choose another plan or leave before Verizon cuts off their service, then those customers will be considered giving up their plan willingly. However if the customers wait till their service is turned off then Verizon will be guilty of all those laws including unethical business practice if they appears to be forcing or misleadingly convince or force any specific customers in there grandfathered plan to pay more than any other, which is discrimination even if those customers used excessive quantity of data. The real catch that Verizon would face in court would be the bills sent to those customers in subject as they offered and promised in a grandfathered declared agreement of not just allowing the unlimited use but providing unlimited 3g data service,, as well as then billing for unlimited data service and took payment from customers under those terms. With the statement grandfathered you are grandfathered you will stay makes it illegal to penalize or punish a customers with a legal grandfathered agreement with a "new rule" and more so since that "new rule" caps data with a limit while still defining the agreement and plan as being unlimited and stated as such in current terms of service both in the active account as well as the bills the customers were charged for stating the service sold had "no limit" that would legally affect the accounts current or future status. Since the service plan still exists with customers in it while they boot out the so called excessive use of unlimited status than there's nothing Verizon can do to not make heir actions illegal. So it will all depend on if the customers wait for the service to be turned off versus those who leave or take a new plan of agreement before the deadline that would have their service turned off, because offering unlimited data plan availability again right at the last few days of their system shutting the service off is purely Verizon trying to hurry customers to elect out of their grandfathered agreement before Verizon will be guilty of any criminal and unethical actions, thus covering their hiney from having enough people for high power class action lawyers to gather and launch a lawsuit over. I don't know myself if I will stay with Verizon or switch over taking my galaxy note 5 to T-Mobile or Sprint which I guess between those to it doesn't matter as since it's only a matter of time T-Mobile buys or merges with Sprint. However even if the pricing is fair I'm not inclined to go with Verizon's new unlimited service if it involves agreeing to another 1 or 2 year contract and so the question I have is how well will my phone work on another carrier if I leave Verizon? Has anyone found that out yet? Tho no matter if I stay or not I fully intend to cross their deadline forcing them to shut the service off then send a copy of all my documents in care of Tom Wheeler of the FCC along with direct citations of the state law violations and federal legal definitions that have Verizon crossing the line with their actions. Since the legal counsel I had look over my documents admitted there is legal grounds for this cases my counsel is recommending a referral to a law firm that specializes in class action and unfortunately for me I would be punished by my state if I have more than $2,000 in assets so unless a class action is filed for me to join I'm leaving it up to the FCC to go after Verizon. Link to comment Share on other sites More sharing options...
Recommended Posts