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Welcome to a Discussion of Legal Issues Facing North Carolinians

This blog does not create an attorney client relationship. You should not rely on this information for advice. If you have a legal question you should contact an attorney.


Showing posts with label devore acton and stafford. Show all posts
Showing posts with label devore acton and stafford. Show all posts

Monday, February 22, 2016

Tips for dealing with television service rate increases


 


Did you just find out that Directv raised their rates between $4 and $8 per month? While this increase may be affordable, it is my no means acceptable. You may be asking yourself, “if I'm under contract for another year, how can they unilaterally raise rates (to presumably whatever they want)?” By way of background, the FTC sued Directv back in March for this exact issue, so the powers that be have taken notice.
http://dtv.xert.net/…/…/webview.cfm/7zBwXu8d26295281yfONRRdw
 
Nevertheless, Directv's terms and conditions explicitly state that the pricing is subject to change at anytime.
http://dtv.xert.net/…/…/webview.cfm/7zBwXu8d26295281yfONRRdw

So your choices are to either pay the termination fee ($10 or $20 for each month left on your contract) or pay the higher monthly rate.

Contract litigators typically argue that these terms constitute an unconscionable adhesion contract. Unfortunately, a few dollars a month does not warrant filing suit. So what can you do?

With a little patience and about 30-40 minutes of free time, you can call your provider and demand them to lower your rate. When you speak to the initial person, tell them you're disputing your bill and that you'd like to know what the cancellation fee is. He/she may try to sell you on some better services/deals, but be patient and cordial and ask to talk with an account specialist. When you reach the account specialist, find out how many months you have left on your contract. Do some quick crunching of the numbers and you'll discover that it's probably in your best interest to pay the cancellation fee and purchase a new package offered at the crazy low introductory rates (a spouse or roommate could purchase from the same provider or you could choose a new provider). Make the account specialist aware of your economic sense and advise them that either they need to lower your monthly bill or you'd prefer to pay the cancellation fee and purchase a new package at the lower advertised rates.

Once again, you may be pressed to purchase additional channels at reduced prices or to downgrade your service for a minimal monthly reduction. Stay patient but stand firm that you like your current package and that you need a monthly fee reduction. Hopefully, that will do the trick.

Obviously, results are not guaranteed, but if you are not keen on billion dollar companies taking advantage of you, then it's worth a shot.

This blog does not create an attorney-client relationship. You should not rely upon this blog for legal advice, but instead should consult an attorney experienced in your area of concern.

Wednesday, June 4, 2014

Insurance Bad Faith Hits Poor Families the Hardest

Our firm has litigated numerous insurance bad faith cases representing clients across the board.  In terms of property claims, these cases have ranged from multi-million dollar losses to corporate buildings, to million dollar losses to large wealthy homes, to minor losses to small private homes.  Invariably, however, the smaller losses to indigent families are the most troubling.

Bottom line, insurance companies make money by denying claims or limiting payment on claims.  For large companies and wealthy individuals, a denied insurance claim can be just a small headache.  But for a single parent with two jobs whose roof is leaking and plumbing is not operational, the headache can turn into a debilitating nightmare.

If your insurance claim is denied or payment is minimal, it is important to have an attorney review your insurance contract and any communications from your insurance company regarding the denial.  If the damage to your home is a covered loss, depending on your type of coverage, you are entitled to either the actual cash value of the damage or replacement value.

Additionally, Chapter 58 of the North Carolina General Statutes requires that all insurance companies operate in good faith with respect to claims made by their insureds.  This includes requirements such as: affirming or denying coverage in a prompt manner; promptly investigating your claim; not denying a claim for an improper purpose; not providing justification as basis for denial of a claim, etc.

Do your homework any time you make an insurance claim.  Insurance companies have a duty to their insured and the laws of North Carolina interpret insurance contracts in favor of the insured and in favor of coverage.  


This blog does not create an attorney-client relationship. You should not rely upon this blog for legal advice, but instead should consult an attorney experienced in your area of concern.