Legal Question in Technology Law in California

Hello. I have recently signed up with an Internet Service Provider, DSL, in my area and they are not giving me consistent speeds. I had called them to tell them that I am not getting the speeds in which I signed the contract for (3mbit/384kbit). The speeds we get, sustained, are around 2.2 to 2.5mbit. They responded to me in a voicemail that the speeds are "within acceptable ranges". In my opinion, they are not acceptable as 2.2mbit is not what I paid for. I want to break the contract under the fact that they are not upholding their end by giving the speeds in which I am paying for. Could I legally break off the 1 year contract without paying the $250 cancellation fee? I have only had the internet for around 20 days and it's not satisfying me or my roommates. For comparison, the other ISP that we have up here is a Cable ISP. I have both ISP's because I am waiting for this month to end the cable (They do not have contracts.). I currently have 2mbit from them and I consistently get 2mbit or higher when I run speedtests.


Asked on 10/25/09, 3:44 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Whether you can cancel without penalty depends upon what your contract says. If it expressly guarantees you 3Mb speed then maybe you can. My guess, though, is that it is less definitive about the speed of your connection. Other parts of the contract may also be relevant.

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Answered on 10/30/09, 2:34 pm


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