Legal Question in Business Law in Iowa

Expected service not received

I signed a 3 year contract for wireless internet service. At first, I could expect an average speed of 700 kbps as promised. Due to people abusing the service by downloading excessive amounts of music, software, etc., the service provider cut bandwidth to about 200 kbps with no warning. I have stopped service with this provider and now enjoy high speed access through other means. Now to the question:

The wireless service provider expects me to buy out my contract for the remaining time, (about 9 months). I think I should not have to pay them anything and should be reimbursed for fees I paid for their service after they cut bandwidth speed. I feel they did not live up to their end of the contract. Do I have a leg to stand on?? (This doesn�t involve a great amount of money; it�s the principle of the thing.)


Asked on 6/04/03, 7:54 pm

2 Answers from Attorneys
Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: Expected service not received

We have reviewed the information in your e-mail of 06/04/03. Unfortunately, our caseload at this time is such that we would be unable to devote the attention to your case that it deserves and must decline representation. We sincerely appreciate your interest in our firm.

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Answered on 6/06/03, 9:24 am
Peter Ordower Law Office of Peter Ordower

Re: Expected service not received

Under contract law, you are entitled to the benefit of the bargain you were led to expect. If the ISP failed to provide access at speeds promised or represented to you, that should be an effective defense. In fact, several years ago a class action was filed against AOL beause it accepted so many new subscribers, they couldn't get online readily. I believe AOL settled those cases by waiving fees for one or more months to its subscribers and upgrading its capacity.

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Answered on 6/05/03, 8:37 am


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