lbmofo wrote:The savings charts are for comparison purposes only and would still be valid if ooma decided to charge RRF on Cores
Actually it wouldn't. There is simply no way to reconcile a chart that lists Ooma as a one-time buy in with future years listed as "no other costs
" and a monthly or yearly RRF.
lbmofo wrote:If ooma started charging for basic service, they'll have a big problem. But charging tax, no, they won't have problems in court.
As long as they keep "free phone service" available, they can do whatever they want. They can start charging Core customers tax, reduce allowable minutes, drop caller-id, drop call forwarding, drop voicemail. No problem. But is it logical for ooma to do that? That's a key consideration.
I'm playing devil's advocate here and clearly don't agree with your statement. I maintain a ToS cannot override existing consumer protection laws against false advertising. Just because a ToS says something doesn't mean it'll stand up in court.
At least starting with the $11.75 change, they put an asterisk after "Free xyz" mentioning you are responsible for applicable taxes and fees. You could at least argue the consumer was informed they still had to pay taxes and fees. For the Ooma Core (hub+scout) bundle though, there was no asterisk mentioning taxes and fees. There was verbiage that said there would never be fees, and there were charts that clearly indicated there were "no other costs" beyond the one-time buy so it was clear what they meant.
However assuming your version of the world, where exactly in the ToS does it even say you are guaranteed "free phone service"? Why isn't that just a feature or price they can change over time just like everything else?
I understand the position you are taking. I may not agree with the ability of a ToS to override consumer protection laws against false advertising, but if one were to subscribe to your position, I don't understand why you arbitrarily select "free phone service" as the line that cannot be crossed. You should be consistent and just say any service, feature, or price in Ooma can change according to the ToS.
Service can be just Basic Service.
Service and associated charges may change from time to time.
Changes may include features and prices.
"Service(s)" are any
combination of Basic Service, Non-Residential Service and Other Service.
"Service charges, taxes and fees: Services,
taxes, fees and associated charges
, will be posted on our web site at http://www.Ooma.com/rates/
, may change from time to time
and are incorporated by reference herein. Failure to pay such charges may result in suspension or termination of your account without notice."
"Notice and Changes: Our Services are subject to our business policies, practices and procedures, which can change at any time without notice.
Unless otherwise prohibited by applicable law, we can change the Terms and Conditions of your Services at any time, with or without notice. Changes may include features and prices.
If we do give you notice, it may be provided on the Ooma web site, your account web page, in a newsletter, by email, by telephone or other communication permitted under applicable law. This Agreement may not be amended or modified by you."
lbmofo wrote:The reason that Core customers are not charged any recurring RRF and earlier Telo/Hub customers are charged $11.75/yr and not this new monthly tax according to zip is because ooma wanted to and, this is important, not because they have to.
I maintain that there are more reasons Ooma is honoring the pricing they advertised than just because they "wanted to".
First and foremost not honoring the pricing advertised would greatly increase the chances of running up against false advertising law suits (and associated wasted time, resources, and money)
Going back on their advertised pricing would also generate a lot of negative press and sentiments among their user base.
IMO Ooma wants to be a stand-up company by doing the right thing and in that way what they wanted to do aligned with what it was in their best interest to do.