Direct TV DTV Deceptive Service Agreements and Fruadulent Termination Fees, Internet

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Chris Koster, Attorney General State of Missouri:  

1. Our Cable service was activated with Direct TV in October 2010, the contract term was 24months thus ending in October 2012.  In Dec 2011 our service was suspended for three months due to military duty.  The three month suspension was additive, so our contract was now due to expire in February 2012.  However, after a recent inquiry to Direct TV about an upcoming  military move - I asked about letting our service expire with the contract in February of 2012.  Two months from now.

2. At that time I was informed by the billing specialist that our contract obligation was now through February of 2013.  After informing them that I was very aware of my contractual obligations and that I had never agreed to extend my contract, I was transferred to the Direct TV customer relations division that deals with service agreements.

3. I spoke with Melisha Employee I.D. # W2947 and she informed me that I had agreed to an extended contract at some point during our service period in the preceding months.  Because no such agreement was ever previously made or implied to me by Direct TV, I submit that Direct TV knowingly and fraudulently deceives customers into believing that their contract durations have been extended without their implied or implicit consent.  When asked when I had made such an agreement, or for documentation, recording, or other proof,  I was told that it was held by Direct TV, but that they could not produce such documentation.

4. Upon learning of the deceptive and unethical practice relating to the handling of service agreements I asked to cancel service with the company.  My account was current and in good standing.  After informing Direct TV that I was to cancel my service with their company. I was told that I would be assessed a fee of $260.00 (20.00 x 13 Months). The actual duration of the existing contract was 2 months at the most as stated in paragraph 1.  The assessment for this period would be $40.00.  Albeit, Direct TV cannot prove or produce a contract amendment, they still insist on assessing fees that are not assessable (i.e. 12 additional months).  In addition, as a consumer, it concerns me that it at some point the contract was amended - and that as a result, Direct TV is in violation of their own customer agreement which states:

"We reserve the right to change the terms and conditions on which we offer Service. If we make any such changes, we will send you a copy of your new Customer Agreement containing its effective date. You always have the right to cancel your Service, in whole or in part, at any time, and you may do so if you do not accept any such changed terms or conditions. See Sections 5(b), (d) and (e) below. If you elect not to cancel your Service after receiving a new Customer Agreement, your continued receipt of Service constitutes acceptance of the changed terms and conditions. If you notify us that you do not accept such terms and conditions, then we may cancel your Service as provided in Section 5, as we cannot offer Service to different customers on different terms, among other reasons."

I was never notified or given the opportunity to accept or reject any amendments relating to calendar commitments.  I have given Direct TV several opportunities to correct the mistake however, they are not interested in an equitable and fair treatment of customer concerns. 

As a result, I believe that Direct TV is intentionally defrauding customers in Missouri of their opportunity to enter into a fair agreement where due notice is given to both parties.  As consumers, we are at a gross disadvantage when companies choose to change the rules without notifying customers.  As our States Attorney General, I know you will agree that these serious concerns must be addressed immediately.  Our state's commerce and our nations prosperity suffer when businesses attempt to force customers into paying for services for which they never agreed and violate the trust upon which our economic system depends.  
 
Please contact Direct TV for immediate response and demand that their company reform this deliberate practice our risk sanction and suit on behalf of consumers by the State Attorney General's office.

Thank you,