[Discuss] Https - the solution to net neutrality

[bogstad at pobox.com (Bill Bogstad)]

On Thu, Jul 24, 2014 at 9:12 AM, Edward Ned Harvey (blu)
<blu at nedharvey.com> wrote:
>> From: discuss-bounces+blu=nedharvey.com at blu.org [mailto:discuss-
>> bounces+blu=nedharvey.com at blu.org] On Behalf Of Chuck Anderson
>>
>> If they broke the contract, take then to small claims court.
>
> That was 2-3 years ago, they technically didn't break the contract because they WROTE the contract with all the legalese to protect themselves (AKA they explicitly state that channel availability may change), which I had no choice about, because my options were:  Take it, or Leave it.  "This is the same contract everyone else signs.  It's non-negotiable."  I could choose between VZ or Comcast, which is more choice than some people get.
>
> Plus it would have cost me more than $425 to go to small claims court, in terms of wasted time.  I might lose.  And even if I win, where does that leave me?  VZ surely won't sell service to the guy who just finished suing them.

VZ for land lines (and even FIOS) is at least somewhat a regulated
monopoly.   As such, they might be legally required to provide service
(as long as you don't legally owe them money).   The nice thing about
this is that there is a good chance you could
get the appropriate state regulatory agency involved on your side.

>
> Sorry I disagree.  The small claims court idea is a bad idea.

This is where the often derided class action suit would seem
appropriate.   It sounds like they were changing things for a bunch
of people without giving them a way out of the "new" deal.

> *Additionally* once about 11 years ago I took a crooked used car dealer to small claims court, and I won.  (He had overcharged my account and refused to refund.)  And then after I won, he refused to refund anyway.  And I had no further legal recourse, because the dollar amount was too small to put a lien on his property.  So I guess effectively he won.  That system simply doesn't work unless both parties agree to it.

How about a bank levy?   Also, I assume he uses an outside financing
agency for at least some of his business.   Threatening to
contact them might get him to cough up the money.  These pages have
generic info for Massachusetts:

http://research.lawyers.com/massachusetts/ma-collecting-the-judgment.html
http://www.malawforum.com/content/collect-judgment-when-you-win-ma-small-claims-court

However, if it was a small enough amount of money it might not be
worth your time.   It  looks like any court fees
will be tacked onto what he owes so at least it would only cost you time.

Bill