Class Action Lawsuit Against Telkom

neio

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What are the realities of joining a class action Lawsuit against Telkom if they dont povide ADSL service in the future?
Dammit I'm willing to spend R5000 from my side.
The more people the merrier.
 
Imagine R 5000 X 100 000 users = R 500 000 000
 
ok, but thats where it ends, at imagining because you arent going to find 100 000 people willing to spend 5000 on this.

A public class action suit would probably be handle for free by the lawyer but it would probably need to be a civil suit and you would have to prove loss of earnings across the board due to one reason. If you found out telkom broke a contract or that they scrimped on bandwidth and gave 2.8Gb to people instead of 3 you could get something going and thats assuming they don't have something in writing to protect them.

Basically unless they get caught stealing, messing up your health or just generally breaking the law at your expense you can forget about it. Oh and you'd also need a waterproof case unless you have a team of dedicated lawyers and even more legal secerataries like telkom do.
 
Look, It's relatively easy to prove negligence from Telkom's side when it comes to service delivery, service delivery is one apect of a Class Action Lawsuit that can be utilized to bend Telkom to OUR will.
 
Only one problem, as far as I know theres no such thing as a class action law suit in South Africa, I'm sure Dominic can shed some light on this.
 
Well, Telkom is listed in the US and the legislation is fairly well established there (hmm, I bet they did'nt think it would be in our favour for them to be listed there.)
 
we do have class action in this country and negligence on service isn't going to get you anywhere because its covered in contracts... what you need is proof their lines cause cancer or proof of theft or broken contracts.

You can't say oh well they suck and I think the service sucks.. so lets sue them, not in this country anyway
 
Vio said:
Only one problem, as far as I know theres no such thing as a class action law suit in South Africa, I'm sure Dominic can shed some light on this.
very much allowed in SA..class action suit v telkom on behalf of adsl users....have to think about that but at first glance cannot see why it could not fly (in theory...logistical issues aside)...every one who joins up would be a telkom adsl user who has paid too much for the service, has not got an SLA etc etc...so do not think that proving loss would be insurmountable
 
AFAIK, non compliance in Service levels are lawsuit actionable.
 
i just dont think you'll get enough resources to beat em and have enough proof to win with their tactics.... good luck though
 
I am all for sueing them ... if we can't in this country then mayb we can in the US ( as per previous post) ... u can sue for anything in the US :)
 
neio said:
What are the realities of joining a class action Lawsuit against Telkom if they dont povide ADSL service in the future?
They will, this is a scare tactic.. they will just never learn.

This display of disregard is a good reason to unbundle NOW and allow access to other parties.
 
Wait, isnt Telkom listed in the US as well? Soooooooo, why cant you sue them THERE? Surely Americans have MUCH more common sense than South Africans. I mean, look at our punishment for crimes and our Telecommunication costs...
 
the "victims" would need to be in the states then

like when they sued anglo on behalf of apartheid victims they were there, then the lawyer came here for more stories etc
 
emigrate some people?

in fact, our WHOLE country is one solid piece of victim. we are all in the same sinking boat. soon to be a second Zimbabwe as well by the sounds of it
 
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