Earthlink, Inc False advertising, 4 hours on the phone with customer service, no resolution Atlanta, Georgia

Earthlink was contacted on 11/8/2010 to set up an Internet connection to the apartment I moved into on 11/7/2010. Upon speaking to a representative (in India), the representative said they have High Speed Cable available and repeatedly said that the connection speed of the line being connected was 10 MBps for $29.95/mo for the first 6 months and $41.95/mo after the promotional period. I agreed to that speed for that price and an appointment to install was scheduled for 11/9/2010. The install was going to be made by Time Warner Cable.

The next day the installer came at 9:15am central time and installed the equipment. Upon testing the speed of the line installed, it was discovered that the speed was only averaging around 7 MBps, not the 10 MBps I was sold.

Earthlink customer service was called that night. After 4 hours (and change, according to the call log on the phone) no one was able to fix the problem. I was transferred back and forth between Earthlink and Time Warner customer support, each saying that the other company will help remedy the situation. Earthlink insisted they have never sold me the 10 MBps package, while Time Warner said that I need to contact Earthlink and they will simply adjust the speed cap without a problem.

After speaking with customer service representatives (and being disconnected by many), floor managers, retention departments, and hours upon hours of discussion the following things were determined:

1) There is a 7 MBps cap on the connection line (not a 10 MBps cap).
2) Earthlink says they can't do anything about it, and Time Warner needs to be contacted. They transfer the call to Time Warner.
3) Time Warner says that Earthlink needs to adjust the speed cap from 7 MBps to 10 MBps and that they (Time Warner) only provides the equipment. They tranfer the call to Earthlink and the process repeats again.
4) Neither are willing to fix the problem.

In addition, some Earthlink reps say that the company does not even offer a 10 MBps service. However, a quick search on the Internet will reveal that is simply not true. They have a running promotional offer just like the one they sold me.

The speed was tested using the official Time Warner speed test, which consistently tested the connection at around 7 MBps (the results were 6.8 MBps on average) throughout the day. An Earthlink manager went as far as telling me that I was too far from the cable company and that a 10 MBps package means that the speed will be between 5MBps and 10MBps, which is not true in this situation. While there are factors that can lower the connection speed, this was not one of them. The connection was testing the same throughout the day with no outages/maintenance scheduled for the line. There was no severe weather, and everything was normal. I have been working with IT and networking for over 12 years, have had extensive experience with broadband technology and have installed and operated hundreds of modems and various forms of broadband Internet. The fact is, Earthlink sold me a 10 MBps service, capped the line at 7 MBps and is refusing to give me what I agreed to and paid for.

I am extremely dissatisfied with both companies. No one at the company is willing to take on responsibility for the package sold to me. On top of that, if I cancel I will not get a refund due to their company policies. I was falsely advertised one thing, and delivered another.