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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33904
Experience:  Began practicing law in 1992
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I had Dish installed and had problems right away. I called

Customer Question

I had Dish installed and had problems right away. I called rthem to I cancel the same day they installed the service, and again the next day. They told me that since I signed a contract I could only cancel by paying them $480.00. I don,t have that kind of money. Some people told me that there's such a thing called Buyer,s Remorse and they had to let me cancel. The company told me they don't have Buyer's Remorse. If that is a law, what can I do?
JA: What state are you in? It matters because laws vary by location.
Customer: Pa.
JA: Has anything been filed or reported?
Customer: I sent a complaint to Consumer Protection.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 5 months ago.
Category: Legal
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 5 months ago.

There are a lot of people that misunderstand the "buyer's remorse" law. How did you come to sign up for the service?

Normally buyer's remorse only applies to certain kinds of service, like travel clubs and timeshares or things which are sold "door to door" or at a place that is not the dealer's normal place of business (at a fair for instance).

Expert:  Dwayne B. replied 5 months ago.

I am about to go offline for a while but will check back in later today.

Customer: replied 5 months ago.
Guess that means I'm screwed?
Customer: replied 5 months ago.
Is there anything I can do?
Expert:  Dwayne B. replied 5 months ago.

I need to know how you signed up for the service. Did you call them, did they come by your house, did you sign up at a booth somewhere, etc?

You also mentioned you had "problems right away". What kind of problems?

Once I know that then I will know what to tell you as far as buyer's remorse or what other options you have.

Customer: replied 5 months ago.
I answered an ad telling me that I could create my own package. That was'nt really true. In order to get the stations I wanted, I wound up paying $108 and some change instead of the 39.95 they advertised. But it was still cheaper than what I had been paying to another company. I even canceled the free for [I think, 3 months ] Movie chanels. So they installed Dish on Jan. 20 2017. After it was installed, I signed a contract. I had problems emediatly. First, I had trouble using the remote.Called them several times to get my picture back, find out how to do certain things, etc. Also, the picture was dark, and worse, the volumn was so low. Had to put it way up to hear. I called that same day and told them that I was',nt happy with all this, really stressing me out. I want to cancel. Was told that if I canceled it was going to cost me $480.00. I don't have that kind of money. I'm retired and on a fixed income. I called the next day and said, again, that I wanted to cancel. Was told the same thing. Told me to call the Co. who makes my TV,even Gave me the phone number. Meanwhile, I called my 1st cable co. and told them about my trouble and that I wanted to get them back. I did',nt know that I could have negotiated a new price with them in the 1st place. Could have saved myself all this. They also told me that I could probably cancel Dish in 3 days as that was their policy. I also thought that once I had Direct TV reinstalled, my TV would go back to normal. No such luck. When the Dish people heard that, they told me that they would send one of their techs out to fix it. But I already had the other company installed. Got a letter from them the other day,saying that they had no knowledge of trouble with my TV and they understood that I switched back because I got a better price. That,s not true! In fact I,m paying a little more for Direct TV. But it's worth it. Meanwhile, Dish is charging my credit card every month-$108 month for nothing. I',m afraid to acually cancel them be cause They will charge my card $480.00. I was truely expecting to have all this resolved long before this becouse of the Buyer's Remorse law. I just don't know what to do.
Expert:  Dwayne B. replied 5 months ago.

The buyer's remorse law doesn't apply in your case since it wasn't the result of a door to door sale and isn't one of the other categories. However, the FTC does have what is known as a "cooling off rule" which may help. I've never seen anyone actually use the rule in a case but it does exist and I will give you a link to it at the end of this post.

Your problem is that they've told you "no" and they have it marked on their computers now, so you can demand they cancel, write them letters, call, etc. and they're not going to change their decision. What you have to do is get someone else involved that they are more afraid of. These companies know that out of a hundred people that threaten a lawsuit against them, only one or two will move forward, and most if them will try to do it themselves, will mess it up, and the company can get the lawsuit dismissed. So if they just "play the odds" they make more money.

What I'd suggest is to file a complaint with the FTC at www.ftc.gov, with your state's Attorney General at https://www.attorneygeneral.gov/Complaints/Consumer_Complaint_Form/

and then hire a local lawyer to write a letter to DISH for you. The lawyer isn't going to charge much, if anything, to write the letter and that is more likely to get a favorable response than anything else. If they tell him no, then the only things you can do are 1) wait to see what the FTC and the AG say, 2) go ahead and sue DISH, or 3) wait for DISH to sue you and then countersue them.

DISH isn't going to do anything as long as you keep paying them, but discuss the options with the attorney and he'll address those in the letter with DISH as well.

AS I said earlier. the PA buyer's remorse law doesn't cover all contracts in PA and, more importantly, it doesn't cover yours. Many people believe it applies any time a purchase is made, but that's just incorrect.

You can see the PA statute, and that what I am telling you is correct, at: http://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1968&sessInd=0&smthLwInd=0&act=387&chpt=0&sctn=7&subsctn=0

The page with the info about the FTC Cooling Off period is at: https://www.consumer.ftc.gov/articles/0176-buyers-remorse-when-ftcs-cooling-rule-may-help

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.