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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
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Experience:  Retired (mostly)
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I ordered a Dish TV package by phone. When they came to hook

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I ordered a Dish TV package by phone. When they came to hook up the package, they gave me a lesser package. I did not realize that it was not what I ordered because it was never explained to me .until the equipment was installed.
The technicians that installed the equipment told me just to call office to straighten it out and they will be in the neighborhood tomorrow to switch equipment.
Dish wants to charge me extra for what was originally agreed to. what are my rights.? I live in NJ.
By trhe way , the contract was on the techs cell phone whereit was impossible to read the contract.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 5 months ago.
Hello,

As an academic issue, you have grounds to rescind the entire contract on grounds of misrepresentation -- or obtain damages from the vendor to cover the costs related to the plan you actually believed you were receiving.

Unfortunately, in the real world, the vendor is likely to fight tooth and nail to deprive you of any sort of satisfaction, because it's big and you're small. You could sue the vendor for misrepresentation in small claims court. That would certainly stop the argument, if you get a judgment in your favor.

You could also file a complaint with the NJ Attorney General. I've actually had some success with this in the past, when the dispute concerns cable, dish and wireless vendors -- because there are a lot of ongoing complaints by the public.

The idea that you can't see the contract demonstrates a clear intent to deceive. Most of the time a misrepresentation claim is very difficult to make. But, you have a rather interesting set of facts here, that could give you an unusually good edge against the vendor.

If you need a link to info on small claims court, please let me know that my answer is helpful and I will be happy to provide.

And, thanks for using justanswer.com!
socrateaser, Lawyer
Satisfied Customers: 32960
Experience: Retired (mostly)
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