12-09-2013 6:21 AM
I have been a subscriber to the DirecTV Protection Plan for more than 2 years which entitles me to a hardware upgrade. I recently called in to order an HR-44 Genie, but was informed that they could provide me with a Genie, but were incapable of ensuring that I received a model HR-44 as opposed to an HR-34. I specifically asked for a model HR-44 because it has a faster CPU and I find the performance of my existing receivers to be annoyingly slow.
DirecTV advertises that the benefits of the Protection Plan includes an upgrade to the "latest" equipment:
It doesn't say "current", "recent", or "up to date", it says "latest".
Clearly the HR-44 is their latest Genie model and the HR-34 is not, but they refuse to provide me with an HR-44. They choose not to distinguish the different models of Genie within their logistics systems.
I spoke with DirecTV's customer service, and they claim that "the HR-34 and HR-44 are both the latest". What a crock! The HR-44 is a year newer than the HR-34, and it differs enough that it was designated with a different model number. This is like Apple claiming that they don't distinguish between the iPhone 4S and the 5S -- after all, they are both iPhones!
I have opened many incidents with Customer Service attempting to discuss the situation, but Customer Service is ignoring me and will not return my calls or answer my incidents via email.
They are clearly not living up to their obligations under the Protection Plan. Any ideas how to get their attention on this?
12-09-2013 7:02 AM
Sounds like you have grounds for a lawsuit. Find a lawyer willing to take on the case as a class action, representing everyone in the protection plan.
12-09-2013 7:22 AM
ATT U verse is offering to replace all by box's and give me a lower rate for the first year, give them a call. Ive been with Direct TV since 1997 but would jump ship if I got that kind of service.
My 34 was replaced with a 44 and the 44 is far more better..
12-09-2013 7:30 AM
Like it or not, Directv's position is that receivers within a sub group (Genies) are equivalent and with such a huge turnover in equipment, you get the next box off the stack. From a practical standpoint if they were to scrap every HR34 that came in, all of us would have to absorb the millions in losses that would occur. Personally I have a HR34 and couldn't be happier with it.
As to the other suggestion I'll let you be the judge of that advice but you might keep in mind that in order to win you probably must prove that you were damaged financially.
12-09-2013 7:48 AM
I can understand from their point of view why they would not want to distinguish -- it is certainly cheaper for them to provide a recycled HR-34 than a new HR-44.
The point is that they are not delivering on their contractual obligations. They sell the Protection Plan benefits as including an upgrade to the "latest" equipment every 2 years. I paid for the privilege of upgrading to the latest equipment, and they have the obligation of delivering on it. The HR-34 is not the "latest" by any conventionally accepted definition of that word. If it were actually equivalent, the HR-44 would not be a different model.
It is easy to prove that I have been damaged financially. I have been paying $8/month for a service which DirecTV refuses to supply now that I am eligible to receive it. Instead of providing an HR-44, I have offered them the option of refunding my Protection Plan payments, but they are ignoring that too.
12-09-2013 8:13 AM
12-09-2013 8:22 AM
"Being enrolled in the Plan for greater than twelve (12) consecutive months also allows you to upgrade your DIRECTV hardware every (2) two years from the initial date of installation of your DIRECTV system or from the date of any prior upgrade received"
12-09-2013 11:39 AM
I have been a DirecTV customer since 1996. I have always received the latest receiver when I upgraded. You can order your free upgrade from DirecTV. Your free installation may require more than just installing the Genie (i.e. running more cables, realigning or moving the dish, adding multiswitches, upgrading LNB, etc.). When the installer calls before arriving for your appointment, ask if he/she has a HR-44 on their truck. If the installer does not have the Genie you want, you will need to decide what you want to do next. Your other option is to buy the HR-44 from Weaknees and pay for the installation.
12-09-2013 12:10 PM
As I said in the other thread, the fine print says "up to a whole home hd dvr". nothing about a genie, or any specific model. just an hd dvr. Any lawsuit would be thrown out because it clearly states this in the fine print.
12-09-2013 2:14 PM
And as I said in the other thread, the fine print is not consistent with DirecTV's advertising. Subscribers tot he Protection Plan are promised an upgrade to the latest equipment. DirecTV should not be advertising that if they do not intend to fulfill those promises. Their advertising states "latest" equipment all over the place.
Advertising inconsistent with the terms of the plan is wrong. I believe that it is false advertising.
You are correct that a lawsuit based solely on the terms and conditions of the plan would likely fail. Also, the terms and conditions explicitly require you to give up the right to file any class action lawsuit, so that option suggested above would not work either. However, suing for false advertising would not be out of line.
12-09-2013 2:21 PM
This is basically the answer that DirecTV has been giving -- I should make the order, and then try to manipulate the system to get what I want out of it. There is no assurance when this would work, if at all. It is depends on putting the installer in an awkward position, asking them to do me a favor when they don't owe me one. It also requires me to do all the work in finagling it. DirecTV shouldn't be washing their hands of it and expecting me to make it happen.
I paid handsomely for the privilege of upgrading to the latest equipment -- $96/yr. I don't think it is unreasonable for me to expect DirecTV to follow through on their part of the bargain. They sold it (and continue to sell it today) as including an upgrade to the "latest" equipment. The HR-34 is not the latest equipment no matter how they try to spin it.
12-09-2013 2:33 PM
I went through this same thing in August, when Directv informed me I was entitled to the newest upgrade, which to me meant, the Genie 44, but when I requested it, they told me the couldn't do it. After about an hour on the phone with a supervisor, I finally managed to trade old HR21 for a new HR24. When it came, it turned out to be a reconditioned HR24. Needless to say, I was quite irritated about it, but settled, since U can't win with DIRECTV.
They then sent me another E mail about a month later telling me in about 2 years I would be entitled for a free upgrade to the latest equipment, and I am not holding my breath.
12-09-2013 2:41 PM
I have become convinced that the best option is to decline the Protection Plan, then ask for a free upgrade when your contract is up. If they won't upgrade your equipment, then don't renew your contract with them -- go to Dish or cable instead. They will renew your equipment if they want to keep your business.
12-09-2013 2:58 PM
As it was also mentioned, it says latest "equipment" not "recievers". All advertising comes with fine print you have to read, this isn't false advertising, this is just advertising. Every company does it.
12-10-2013 5:30 AM
It's simple, when the installer calls you to say that he's on the way, just ask him if he has an HR44. If he says no then cancel. I got an HR44 last month and that was all the guy had on his truck. No 34's at all.
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