26 Responses for "Call for a Class Action Lawuit"

1. ross_diadame April 15th, 2007 at 1:55 am 1

   tarzanboy1746@yahoo.com

   here’s the email of a young lawer. i saw his post at inquirerbloggers.net

2. komokoro May 8th, 2007 at 12:47 am 2

   Guys we need to file a lawsuit against the Smart people..

   15 days of intermittent connection but then the rebate for my billing was only 38 pesos.. I was force to pay 961 pesos..

   Kung sa ibang bansa ipapasara ng government ang ganyang service company..

   Grabeh dapat aksiyonan na natin e2!!

   Sa mga Investigative T.V. programs kaya ilapit ang abusive service nila??

   T__T kawawa na talaga mga subscribers may 1 year contract pa naman!!

   Help us!!! anyone!!??

3. akira May 8th, 2007 at 9:20 am 3

   guys,

   i think we should start signing a petition form.
   it should contain subscriber’s name, account number and service reference number.
   ilagay po rin natin on top of that ang ating mga complaints and kung ano ang napagkasunduan natin na action, like pre-termination na walang fee, rebates, etc.
   wala po tau control sa website na ito, madali lang nila mapakialaman, sana po may mag-volunteer gumawa ng website para dito.
   sana rin po marami mag-participate, kelangan po ng malakas na pwersa!!!

4. damiki May 9th, 2007 at 7:38 pm 4

   To those SMART WiFi subscribers in Meycauayan Bulacan whose Canopy is pointing to the cellsite near Sta. Clara Montefalco, start downloading stuff now!!! Why? Currently, SMART is re-assessing their bandwidth allocation for this cellsite, how do I know? I’m currently downloading using BitTorrent and LimeWire and my maximum download bandwidth is 2MBPS, yep, that’s right, ~2000kbps. You maybe asking, what good will this do?
   6 months ago, SMART did the same thing, they removed all bandwidth limitations for all users connected to that particular cellsite, then they measured the maximum bandwidth being consumed by the cellsite and will allocate that bandwidth for that cellsite. If everyone starts downloading NOW, the bandwidth usage will spike up and they will have no choice but to allocate a larger bandwidth. You may be asking, if there are 10 users, and each is allocated 384kbps (max), then its a maximum 3840kbps for a cellsite, right? WRONG. SMART has some program running bandwidth allocation for each user. If a user is only using, for example, one browser to connect to the internet, the program will only allocate a percentage of your allocated bandwidth to your browser, so if you have multiple connections requesting data all at the same time, the program will have no choice but to give you your maximum bandwidth allocation. How do I know this? Very simple, try browsing using only one browser and check the bandwidth using a tool like ‘NETSTAT live’, then use LimeWire and check the bandwidth.

5. najja179 August 25th, 2007 at 6:58 pm 5

   A few minutes ago, i thought of posting a rather legal matter concerning smartbro subscribers frustrations until i came across unto this page in which gibrael is suggesting for a CAL against Smartbro/wi-fi. i also thought of having these concerns directed to the NTC for reference of any legal grounds covering internet service providers customer/client rights for a quality service.

   Guys, we need to act now. we need to elevate our frustrations to a court room, we must not let this smartpeople outsmart us and laugh at us while we frustrate ouselves in front of our computers, we must not let them deceive us with their amazing advertisements and marketing strats. this garbage service of smartbro should be dumped now!!!

6. ertoei September 1st, 2007 at 5:39 am 6

   based of the RA7394 or Consumer Act of the Philippines Title III - Protection Against Deceptive,Unfair and Unconscionable Sales Acts or Practices; Chapter 1Article 48 to 52. I’ll just want to highlight Article 52

   Art. 50. Prohibition Against Deceptive Sales Acts or Practices. - A deceptive act or practice by a seller or supplier in connection with a consumer transaction violates this Act whether it occurs before, during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service.
   can I use this to terminate the lock in contract? BTW I did not sign any document only ticked the agreement button.

7. John January 31st, 2008 at 10:53 am 7

   May kaibigan ako agent ni Ben Tulfo ng Imbestigative T.V. Program na “Bahala si Bitag” mas maganda sa kanila natin ilapit…Bibitagin nila yan need lang natin mag-gather ng mga complainant…Ako na bahala magpasa sa Programa ni Bitag dont forget yung email address nyo guys add nyo agad me para may kontak kau sakin create nlang kayo ng Group sa YM nyo “SmartBro Complainant” or bahala na kau…

   Copy - Paste nyo lang to kung gusto nyo sumama:
   Umpisahan ko na: D2 na natin umpisahan…

   Subscriber’s name, Account Number and Service Reference Number, Email Address

   1. John A. Diaz, 0123117379, 1010073206, light_walker2005@yahoo.com

8. Rouge February 9th, 2008 at 6:29 am 8

   Today, I received a letter from a law Office based in Ermita asking me to pay an unsettled bill amounting to Php 4,364.13

   Heres what the letter say

   Our client, SMART BROADBAND… has referred to us for legal action your outstanding unpaid account in the principal amount of P4364.14 representing your latest bill.

   On account of the delay in the payment of your SMART BROADBAND account number *************, you will have to pay the stipulated twelve percent (12%) surcharge, and a collection fee equivalent to twenty-eight percent (28%) of the total amount due. Thus your obligations will be as follows:

   Principal: 2,360.20 (What the hell is principal?)
   Pre-Termination: 999.00 ( I didn’t ask for an early termination, I ask them to stop the service when the contract ends )
   Interest: 158.61 ( Do they have a savings account in me?)
   Collection Fee: 846.32

   Notwithstanding your knowledge of this unpaid account, you failed to settle your outstanding obligation to our client, hence, we serve you this FORMAL DEMAND to pay in the full amount of Php 4,364.13 within 3 days from your receipt hereof. Otherwise, we will be constrained to blacklist your name with the Credit Investigation Bureau Inc, (CIBI) and file appropriate action in court of Makati City to protect the interest of our client. If you intend to settle this obligation , you may pay at our office or get in touch with Ms. _____________or Mr. ___________ at Telephone numbers. _____________marami phone numbers_____________________ or pay directly to SMART’s wireless centers near your locality.

   Please give this matter your preferential attention…
   ***

   Has anyone have had received this letter and left it unsettled…
   I will be willing to settle this account with Smart but I need them to remove the fucking pre-termination fee and bull shit collection and interest…

   I called on the first week of Nov 2007 to let them know that I am not going to extend my subscription after the contract expires on Nov 28. ( I applied Nov-28-2006 , signed the contract and got the internet working all at the same day ). To my surprise, I can no longer surf the internet by Nov 21 and any website will redirect me to the SMart Portal saying my account is not active. Then I assume that its the end of my contract 1 week to early. I waited for the bill to settle it but to my surprise, it was something for 3,900+ ( i already lost that bill last december) and it included pre termination fee of 999 which is unfair as i didnt request for an early termination, i only told them to end service when contract ends.

   Next thing I’ll do tomorrow is to Call their incompetent agents in the customer service department and will request to send me another statement minus all those bullshit charges…Im only willing to pay what i used.

   btw, i now enjoy Digetel’s Broadband Service , For the same price of 999, you will get a 512kbps of speed plus unlimited Landline local use. So far it exceeded my expectations and I’m happy with it.

9. bibbofreak February 28th, 2008 at 2:59 pm 9

   I received a stupid letter from smart today and I was never aware of this thing until this letter came.. although I already paid the overdues.. It is also worth mentioning that my bills arrived very late! as much as 2 months late! and not just until i asked on the wireless center why i dont have bills will they send me one!! I am most disgusted of the smartbro system.. I dont know about legalities so I dont know where to go.. I was shocked by this letter because I paid smartbro just days before that deadline without knowing what will happen.. What if I hadnt paid that day? They will just charge me automatically without even giving me notice?! Look closely to the date of this picture, that is one month past the current date! and even later than the activation of this bullshit! Where the hell would I have read about these fees? They never even gave me terms and conditions of use! They just let me fill up shits and that’s it! Billing starts now! I was excited because of the fact of having this service at home (considering its the only service available at that time) but I never read about this stuff, nor did the agent even gave me something to read not even a single briefing of the contract. I even learned about the contract somewhere else on the forums! On our area, they dont even give rebates on days without service. because no one even knows what that’s worth except me who works online.. Enough said, just read this letter and be mad
   Smartbro Notice

10. reynan March 19th, 2008 at 10:48 am 10

    I agree with this post, I’ll support you with this one.

11. ow May 3rd, 2008 at 4:35 pm 11

    pareho tau ng problem mag 3 months na slow connection ung account nmin wala nmn nangya2ri tpos minsan halos no connection na.. report lang ako ng report sa putang inang customer care ng smart bro pero wala nmn nangya2ri..

    binigyan nila aku ng rebate only 136 peso.. anu un for 3months ganun ung connection un lang ung rebate.. tangina smart bro sobra takaw sa pera..
    tpos ung disconetion my bayad pa ng 300 pesos..

    hindi na nga nabigay ung service nila ng ma ayos tpos ga2stos kpa para idisconnect.. smart bro gagu kau!!

12. ow May 3rd, 2008 at 4:43 pm 12

    sana aksyonan ito ng bitag.. bitag lang ang matapang lumaban d2..

13. Philadelphia May 21st, 2008 at 5:36 pm 13

    Eat a third and drink a third and leave the remaining third of your stomach empty. Then, when you get angry, there will be sufficient room for your rage.

14. SanFrancisco May 24th, 2008 at 7:56 pm 14

    It is impossible to walk rapidly and be unhappy.

15. greedysmartbro May 24th, 2008 at 9:44 pm 15

    bago pa lang kami sa smartbro nang malipat kami ng bahay unfortunately walang signal sa nilipatan namin dahil natatakpan ng bundok yong line of site. itong smartbro naman pilit na pinapabayad yong remaining 1 year contract dahil under lock-in period daw. The mere fact na nireport na sa kanila ng contractor nila na walang pagasa dapat sila na mismo ang mag terminate ng contract pero mga mukhang pera talaga pilit na pinapatransfer sa iba yong account namin eh sa hirap ng buhay walang gusto kumuha. ngayon nasa 5 months na kaming di gumagamit pero itong smarbro panay ang padala ng letter na may halong pagbabanta pa. walang hiya talaga itong management ng smartbro napakakapal ng mukha.

16. adrian June 25th, 2008 at 4:44 pm 16

    in ako jan,

    may problema ako sa smartbro,

    hindi ko gusto service nila,

    kaya pala mgpa sign sila ng contract kac ALAM na nila HINDI
    MAGANDA ang service nila,

    natatawa lng ako sa sarili ko, kasi hindi ko to naisip noon…

17. adrian June 25th, 2008 at 4:46 pm 17

    in ako jan,

    may problema ako sa smartbro,

    hindi ko gusto service nila,

    kaya pala mgpa sign sila ng contract kac ALAM na nila HINDI
    MAGANDA ang service nila,

    natatawa lng ako sa sarili ko, kasi hindi ko to naisip noon…

    mail nyo ako sa update,

    dobolohten@yahoo.com,

    wag nakayo mg expect sa government na aayosin toh,

    pinakamaganda idea cguro mg impok tayo ng isang account sa bangko tapos hire tayo ng birador (assasin) para malaman nila gaano ka powerful ang organize na plano,

18. Utangnyo June 27th, 2008 at 3:28 pm 18

    Ang filing fee ng korte ngayon ay 10,000 pesos so papano sila mag file ng case sa korte kung sa pag file pa lang nila eh lugi na sila dun sa masisingil sa inyo. Bayad pa sila ng lawyer. At isa pa walang taong nakukulong ng dahil sa UTANG basta wag ka lang mag issue ng bouncing check!!!!!!!

19. UtangNatin September 14th, 2008 at 3:05 pm 19

    Hahaha!ok lang yan, ganito gawin nyo. Maghanap pa kayo ng friends na may pc then sabihin nyo magpakabit din sila smart bro. Ang bayaran lang nila installation fee (999) tapos sa mga susunod na bill wag nyo na pabayarin. Ganyan lang yan, di naman sila gaanu nagbabayad sa Gobyerno kase nakanetwork tayong lahat, kumbaga hati hati tayo sa isang server. Wag kayo matakot sa sulat kase patakot lang yan hehe.ako nga naka 3ng contract na ako.after ng 1year contract palit ulit ako ng name>LOLS!!!

20. up82 October 2nd, 2008 at 9:29 am 20

    in na in ako sa class action suit. i’m all for it. malakas loob nilang magpadala ng letter from the attorney’s office palibhasa meron silang mga abogado. this time, tayo naman umaksyon. business lang tingin nila dito. di nila naiiisip nasisira ang reputasyon ng pilipinas dahil sa palpak na serbisyo nila. o siguro alam nila but they don’t care haha arghh!

    eto case ko. kakapost ko lang sa pinoywifi:

    “diba they require installation charge before installing your service (i guess everyone knows that part). pero, when the install is not successful, they will advise you to visit the wireless center for your refund. beware kasi if you can’t present your receipt, forget about getting your installation fee refund ever. in our case, they even denied we paid. can you imagine that? they were able to go to our address to try to install pero when you visit the wireless center for the refund, they don’t have your record. no receipt, no refund. we were NOT told this when we paid or even after the failed install. parang cheque pala yung recibo na yun? di daw nila style yung mag-me-mail sa address ng cheque. wala rin kwenta ang IDs to make sure it’s you they owe money from. anyway, we simply wrote it off. kunwari nanakawan na lang kami.

    we already had smartbro for a few months on a different address before this failed install incident. service went from good to bad after some months, then it went from bad to worse. suki na kami ng tech support. talo pa dial-up, no? the final blow came when we logged on and had to go to their portal page only to realize that our certificate was revoked (mind you, we were current on payments). we decided to get another internet service then. we can’t work this way. outsourcing trabaho namin e. pumalpak kami, palpak tingin nila sa service from the philippines. anyway, we incurred a bill before we remembered to have the service cut…pero bat kailangan e revoked na certificate diba? anyway, now eto ang SmartBro nanghaharass. they’re harassing us to pay our last bill. di okay sa serbisyo pero magaling pala sa singilan. ang utang namin, guess how much? almost same lang ng installation charge na utang nila. patawa diba? meron pa silang from attorney’s office. hay… “

21. dfasd November 21st, 2008 at 6:08 pm 21

    POTANGINA TLGA YANG SMART BRO WALANG KWENTA! PWE

22. dfasd November 21st, 2008 at 6:09 pm 22

    SMARTBROKEN LAGING MABAGAL LAGING WALANG CONNECTION

23. scrappycoco March 26th, 2009 at 8:41 pm 23

    To whom it may concern

    I would like to report smart communications “smartbro” for not being able to supply me with internet access from the 2nd week of February until present.
    I have been paying my bills on time and I have been regularly calling their customer service who then promised to send technical support. Their technical support are independent contractors, who are in no way affiliated with Smart and I have come to realize that their communication towards Smart in regards to their base stations stability, is pretty weak, they take long to update Smart that there is a problem, therefore the customer service representatives are left without knowing if the problem is with the subscribers antennae, computer, or the like.
    These contractors came and told me that the reason for my faulty connection is a gemelina (mahogany)tree, supposedly blocking my line of sight. This tree has been there for 10 years or so and has been present around January when my connection was still stable. I have reported this problem for a week and when they did arrive it took the contractor less than 4 minutes to leave my place.
    The following week after the first useless technical support visit (they did not fix anything), I called smartbro customer service again. Their contractors were scheduled to visit on Friday, March 13, 2009, but they re-scheduled on Monday, March 16, 2009 but the contractors failed to show up. I called on Friday, March 20, 2009 and I was told that the contractors were re-scheduled (again) on March 17, 2009. They did not arrive on that said date.
    I have witnessed the contractors set-up a new smartbro connection on my neighbours roof, around March 19, 2009 (Thursday) which is located on the back part of our house. The distance is just less than a few houses away although in a different subdivision, but they could not fit the time to fix the problem on my connection.
    Upon investigating my neighbourhood, I have come to discover that almost every home in our subdivision has Smartbro. They have congested our area so much that we are competing for bandwidth. I have already paid an exorbitant amount to their contractors to add a pole, in which as the contractors claimed, will improve my connection. If you can research further, this is a false claim invented in order for the subscriber to pay additional fees of around Php 500.00 to a maximum of Php 3,000.00.

    I realize that this was a congestion problem due to the fact that I can in fact maintain a stable connection for at least a few hours on off-peak hours, which would be around midnight to 2am up to 5am maximum. Come 7am, that said connection, which I am paying for every month, is non-existent.
    Smartbro has the worst customer service, and the fact that they can’t even monitor internet usage is shocking. On numerous websites, it is reported that non-paying users of the Motorola Canopy, that Smartbro refers to as their antennae, can illegally connect to the internet through means of tweaking or advanced configuration of the canopy settings. Thereby stealing the bandwidth of paid Smartbro customers.
    Smart does not care to regulate how many people in one location subscribe, it does not matter to them if the area is congested to a point that users compete and fight for a connection, stable or unstable. In my case, I get a “limited or no connectivity” on my network status. They have unfair businesses practices by charging a subscriber for services not rendered.

    More facts:
    *As soon as your 1 year contract expires, Smartbro will automatically re-subscribe you without your knowledge. A call made in advance is necessary to avoid this, or a personal appearance at a Smart center to make it “official” that you do not wish to continue.
    *Unfair and unexplained rebates *Php 130 peso rebate for 3 mos of intermittent connection or zero connection
    *Threatening/harassing letters to subscribers
    Legal info:
    based on the RA7394 or Consumer Act of the Philippines Title III - Protection Against Deceptive,Unfair and Unconscionable Sales Acts or Practices; Chapter 1Article 48 to 52. I’ll just want to highlight Article 52
    Art. 50. Prohibition Against Deceptive Sales Acts or Practices. - A deceptive act or practice by a seller or supplier in connection with a consumer transaction violates this Act whether it occurs before, during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into sales or lease transaction of any consumer product or service.

    Smartbro letters:
    *An example of Smart’s fees if you are unable to pay even 4 mos of “service”:
    “Please pay 11,770.99 inclusive of pre-termination fee”, on march 13, 2009 to avoid additional surcharge of 6% penalty and [25% - 30%] collection fee plus applicable VAT….”
    “Should you decide to continue your subscription w/ us, you must settle the full amount of php5,777.02 on March 15 2009.”
    “Should you comply w/ the payment deadline, we shall be forced to endorsed your acct to our collection lawyer and bill you w/ the following:
    Outstanding Balance as of Feb 29 2009: 5,777.02
    Add: Pre-termination Fee 5,993.97
    Subtotal 11,700.99
    Add: Penalty 791.01
    Subtotal 12,562
    Add: Collection Fee 3,517.36
    Total Balance 16,079.36
    2nd letter (Miscommunication between a subscriber who called Smart to inform them he did not wish to continue their services after his contract ends):
    Our client, SMART BROADBAND… has referred to us for legal action your outstanding unpaid account in the principal amount of P4364.14 representing your latest bill.
    On account of the delay in the payment of your SMART BROADBAND account number *************, you will have to pay the stipulated twelve percent (12%) surcharge, and a collection fee equivalent to twenty-eight percent (28%) of the total amount due. Thus your obligations will be as follows:
    Principal: 2,360.20 (What the hell is principal?)
    Pre-Termination: 999.00 ( I didn’t ask for an early termination, I ask them to stop the service when the contract ends )
    Interest: 158.61 ( Do they have a savings account in me?)
    Collection Fee: 846.32

    Notwithstanding your knowledge of this unpaid account, you failed to settle your outstanding obligation to our client, hence, we serve you this FORMAL DEMAND to pay in the full amount of Php 4,364.13 within 3 days from your receipt hereof. Otherwise, we will be constrained to blacklist your name with the Credit Investigation Bureau Inc, (CIBI) and file appropriate action in court of Makati City to protect the interest of our client. If you intend to settle this obligation , you may pay at our office or get in touch with Ms. _____________or Mr. ___________ at Telephone numbers. _____________marami phone numbers_____________________ or pay directly to SMART’s wireless centers near your locality.
    Please give this matter your preferential attention…

    ***

24. chaxelos April 29th, 2009 at 4:30 pm 24

    Ako din pinadalan ng Letter kinakasuhan daw ako dun sa unpaid bill ko hayup ung mga yun! lakas ng loob suking suki n nga ako sa costumer service nila eh wala naman nangyari! pakshet sila makarma sana yang gumagawa ng ganito sa mga tao!!! TAENA!!!

25. Addy June 5th, 2009 at 6:57 pm 25

    SMARTBRO is an ass!!!!

    Their connection is just as stupid as their people. They make hell a lot of money from torturing their subscribers with the BEST internet connection. (I need to vomit!) I mean, If you know you have the best service in the world would you still need a piece of shit contract to sign on for your clients. They are making a lot of money from suits and their fucking lawyers are more than glad to represent them. (Years of studying law and all you have to do is help rich, stupid clients) Even if we are living in the modern world now, old saying still holds true. “WHAT GOES AROUND COMES AROUND!” You’ll have your time STUPIDBRO!

    PS

    They should change their name from SMARTBRO to STUPIDBRO. They EARN it!

26. Eric July 2nd, 2009 at 11:45 pm 26

    Ako nga rin pinadalhan rin ng letter 2 times.. kung di raw namin babayaran yun 2.6k na bal i po=post raw nila yung name sa newspaper and baka seizure of our business etc. lols..