Consumer Law, Warranties ISP Dirty Dealing

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dharvell

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I posted a similar question some time ago with the final result being something to the effect of, "Since the ISP does not gaurantee their speed, the ISP is doing nothing wrong." As much as that answer sucked, it was sadly very true.

However, I have new information that may (or may not) change this outcome.

A quick summary of the problem - I have satellite internet, as a subscriber to their "professional" plan, which advertises speeds of "up to" 1000kbps down/200kbps up. In the morning, speeds are great - around 965kbps/196kbps. Super! However, in the afternoon, speeds are more like 76kbps/26kbps. Dial up is SLIGHTLY slower than the first number, but has the upload speeds beat! Sadly, because of that clause in the contract, speeds are not set in stone.

The new information I found is that my speeds are great until 4:00 PM EXACTLY (according to HughesNet Network's Time). Right at 4:00 PM, I am throttled down to these dial-up speeds. These throttled-down speeds are then lifted at precisely 12:00 AM. I have recorded video showing these slow downs, using the HughesNet speed test application, so these slow-downs are not a fluke. And seeing that the slow down happens at precise times, each and every day, we can safely rule out that the slow downs are due to network congestion.

Another possible reason for the slow down would be that I exceeded the Fair Access Policy (FAP) threshold of 375MB downloaded in a 24-hour period. Using the HughesNet application showing my useage, I am safely below that level.

It appears that I am suffering FAP punishment without even reaching the FAP threshold.

HughesNet's ads say that you can live the "broadband lifestyle" by switching to their service. It does not mention that you can only live that lifestyle between 12:01AM and 3:59PM.

False advertising? Breach of contract?

Or am I still screwed?

Thanks in advance!
 
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