Legal Question in Consumer Law in Virginia

Service Vendor Responsibility for Sub-Contractor Failure

For the second time in less than five months, we are being told by our ISP, that our DSL services are being discontinued. Amid the ISP's apology was an offer to continue our business Internet connection using their ''T1'' service, at a cost of over three times the monthly cost of our DSL contract.''

This is a typical example of how large Internet Service Providers simply walk away from their contract obligations and commitments. Imagine buying a new car and being told five months later, when your new car is in the shop, that the part required is no longer being made! What obligations would you expect from the auto dealer? Perhaps a new car, or a total refund might be in order.

Business DSL users are stuck in the middle, usually with little time to make alternative arrangements for their customers. Most small businesses do not have the resources to support a three-fold increase in monthly Internet fees. With few alternatives, many small businesses that rely on the Internet will either fold, or restructure their services to be less dependent upon it.

Is the Vendor obligated to replace the contracted DSL service with a comparable service after their DSL sub-contractor went out of business?


Asked on 8/14/01, 2:27 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Service Vendor Responsibility for Sub-Contractor Failure

These "contracts" are usually month to month arrangements which give either party plenty of room to walk away from them with virtual impunity.

Assuming the arrangement you had with your ISP is one of these kind, it's most unlikely that this vendor is under any obligation to provide comparable replacement service. MH

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Answered on 8/16/01, 1:48 am


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