Legal Question in Consumer Law in California

Re: Broadband provider not performing as undertaken over phone.

DSL suppliers have very tight contracts to prevent people from simply acquiring a free modem and then switching to another service offering lower pricing. Also, the small print usually will state EXPECTED downline speeds, but that no guarantees are made as to actual speeds as your distance from switching stations and other factors will impact your actual speeds. Simply put, almost any advertisement, somewhere, in some footnote, will likely include some "no guarantees" statement.

To prove your claim, you will need 1) copies of advertisements specifically stating a guarantee of a specific minimum download speed; 2) a copy of your actual contract with the DSL carrier. If you are alleging that the minimum speed claims were made only over the phone you are likely out of luck as you would have no evidence of those claims and any recordings, if any, of your conversations would be inadmissable unless they reflect that all parties were aware that the conversation was being recorded.

If these documents actually do state a guarantee of a minimum download speed, you may indeed have a case which would permit you to claim that the carrier breached their agreement with you and that you therefore do not owe the $150 early termination fee. (You will have to still return their modem.)