Tivo Unresponsive to Fixing Issues - Try Dispute Resolution

Discussion in 'TiVo Coffee House - TiVo Discussion' started by davahad, Feb 4, 2017.

  1. Feb 4, 2017 #1 of 31
    davahad

    davahad Member

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    San Jose, CA

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    Hi,

    This has worked for me once in resolving the 20.6.3 HDCP issue and now using this to try and get my guide data fixed. After numerous line-up issue reports and line-up issues to Margaret directly it still has not been fixed and Tivo never replies and Margaret has stopped replying.

    Specifically my guide data on 720/721 Comcast Bay Area shows TO BE ANNOUNCED during Prime Time for up to 9 days. When it is not too bad it might show TO BE ANNOUNCED for 5 days. I cannot schedule to record Sharks and Warriors games because of this issue.

    This solution gets a call same or next day and I am trying to get a fix and if not asking for a refund for the service fee. If enough customers utilize this then perhaps it will become too expensive not to fix issues/Rovi Guide Data and Tivo/Rovi will take issues more seriously.

    To start a dispute assuming you have tried the normal procedure for getting a fix to your issue:

    Send email to:
    disputenotice@tivo.com

    Subject Line:
    Notice of Dispute

    Clearly state the issue and the resolution you are asking for. Below is an excerpt covering this from the Tivo User Agreement.

    DISPUTE RESOLUTION
    If you have an issue with a TiVo product or service, please call customer service at 1-877-367-8486. If you are not satisfied with the result and wish to seek further action, this dispute resolution provision provides for all disputes between us to be resolved in binding arbitration or small claims court.
    We have designed this dispute resolution provision to make the process as convenient and inexpensive for our customers (and us) as possible. The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration, you still are entitled to a fair hearing, but a neutral arbitrator (and not a judge or jury) will determine your rights. Arbitrator decisions are final, as enforceable as any court order, and subject only to very limited review by a court. If you would prefer not to arbitrate, you still can choose to bring a dispute in small claims court.
    Mandatory arbitration: We each agree to resolve any dispute arising out of or related in any way to this agreement (or TiVo products or services) exclusively by individual binding arbitration (with "dispute" to be given the broadest possible meaning), and we each agree to give up the right to have a dispute decided by a jury. We each retain the right to bring an individual action in small claims court and to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent (1) the actual or threatened infringement or other misuse of intellectual property rights and (2) any unauthorized use, piracy or theft.
    Class action waiver: We each agree that any dispute resolution proceedings will be conducted only on an individual basis (and not in a class, consolidated, or representative action). Unless we each agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
    Informal dispute resolution: We each must try in good faith for 15 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other an email with:
    (1) a "Notice of Dispute" in the subject line of the email; and (2) a reasonably detailed description of the nature and basis of the dispute, as well as the relief sought, in the body of the email. Only emails that comply with the foregoing will trigger the start of the 15-day informal dispute resolution process. Send your notice to disputenotice@tivo.com, and we will send ours to the email address associated with your account. A TiVo representative will contact you to try to informally resolve the dispute. If we do not reach an agreement to resolve the dispute within 15 days after the date the notice was sent, then either of us may start arbitration in the manner described below.
    Arbitration process: The American Arbitration Association (AAA) will administer the arbitration, using the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. Those rules and information about how to start arbitration are available at adr.org or by calling 1-800-778-7879. The AAA provides a form Demand for Arbitration and a separate form for California residents. Unless we each agree otherwise, the arbitration will be conducted in the county where you reside. If the relief sought is $10,000 or less, the hearing will be conducted by telephone or videoconference or by a submission of documents (unless the arbitrator requires a face-to-face hearing).
    Arbitrator's decision: The arbitrator must provide us with a brief written explanation of the basis for the award. In making the award, the arbitrator must apply any identified, pertinent contract terms, statutes and legal precedents (including the "Limitation of Liability" section above). The arbitrator's award will be final and binding, but subject to review in accordance with applicable statutes governing arbitration awards. Judgment on the arbitrator's award may be entered in any court with jurisdiction.
    Arbitration fees: If you initiate an arbitration seeking more than $75,000 in damages, the payment of fees will be governed by the AAA's rules. Otherwise, we will pay all AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand for arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you agree to reimburse us for amounts we paid on your behalf under the AAA's rules.
    Prevailing party: If you prevail in arbitration and the arbitrator issues you an award that is greater than the value of our last written settlement offer, we will pay you either the amount of the award or $200, whichever is greater. If we prevail in arbitration, we will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys' fees and costs.
    Opt-out: You may opt-out of this dispute resolution provision (other than the "Judicial forum" and "Time limit for disputes" paragraphs below) by notifying TiVo within 30 days of the date on which you purchase your initial TiVo product. You must do so by writing to TiVo Inc., 2160 Gold Street, San Jose, CA 95002, attn.: Arbitration Opt-Out, and including your name, address, account number (if you have one), and a clear statement that you do not wish to resolve disputes with TiVo through arbitration.
    Judicial forum: If (1) you opt-out of this dispute resolution provision or (2) an arbitrator or court finds the class action waiver in this section to be invalid or unenforceable, then: (a) the above-set forth arbitration-related paragraphs shall be deemed not to apply to you; (b) you agree to resolve any dispute you have with TiVo exclusively in a state or federal court located in Santa Clara County, California; and (c) you agree to submit to the exclusive personal and subject matter jurisdiction and exclusive venue of such courts for the purpose of litigating such dispute. We each waive any right to a jury trial in any such dispute.
    Time limit for disputes: We each agree (regardless of any statute or law to the contrary) that any dispute must be filed within 1 year after such dispute arose or else will be forever barred.
     
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  2. Feb 4, 2017 #2 of 31
    Mikeguy

    Mikeguy Well-Known Member

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    I had suggested this as a possibility for issues earlier. If it is possible, would be appreciated if you could update as events occur.
     
    Last edited: Jun 6, 2019
  3. Feb 5, 2017 #3 of 31
    dlfl

    dlfl Cranky old novice

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    Could you provide details about how this has already worked in the case you mention? What was the issue? What did TiVo do to resolve it as a result of arbitration?
     
  4. Feb 6, 2017 #4 of 31
    davahad

    davahad Member

    96
    9
    Dec 1, 2002
    San Jose, CA
    After the 20
    I was having the HDCP Protection issue immediately after the 20.6.3 update. Prior to this I never had this issue. I purchased a HDCP stripper and had Tivo reimburse me for the cost of the device which they did in the form of a credit to my credit card on file.

    Also, it never went to arbitration as I just insisted that if they would not fix on their equipment or pay for my solution which works, I would move forward with Small Claims Court and let a judge decide who is correct. After a couple of these conversations they agreed to reimburse me for the HDCP solution.
     
  5. Feb 6, 2017 #5 of 31
    davahad

    davahad Member

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    Dec 1, 2002
    San Jose, CA

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    Yes. Tivo called the next day to ask questions about the case and said they would contact me again soon.
     
  6. Feb 6, 2017 #6 of 31
    Mikeguy

    Mikeguy Well-Known Member

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    Thanks. A very interesting situation, dealing with a systemic TiVo issue, which complicates matters. I had followed your earlier matter and had been amazed at the result you were able to achieve.
     
  7. Feb 6, 2017 #7 of 31
    davahad

    davahad Member

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    Dec 1, 2002
    San Jose, CA
    I have found that most large companies (ie., Verizon, AT&T, etc) have a similar clause in their contracts and if you invoke this action you usually get a decision maker that will be reasonable if you have a valid issue that is documented.
     
  8. Feb 6, 2017 #8 of 31
    Mikeguy

    Mikeguy Well-Known Member

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    I am a fan.
     
  9. Feb 6, 2017 #9 of 31
    davahad

    davahad Member

    96
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    Dec 1, 2002
    San Jose, CA
    Tivo called today and said that with the Rovi Data they are no longer able to keep the Guide populated for CSN Bay Area in a timely manner (ie., the full 10 days). I told him that prior to Rovi that there was no issue and the same issue does not happen with Comcast X1, DirecTV & Dish.

    He could offer no further explanation and offered a pro-rated service credit for 2 months. Said I would think about it and he would try and get more info if this is something that can be fixed in the future.
     
  10. Mikeguy

    Mikeguy Well-Known Member

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    Thanks for the update. I can't say that I'm surprised, as TiVo would have to say that it would fix Rovi's program data/Guide operations for you.

    Of course, Rovi/TiVo presumably can--it just takes the desire to do so, and the dedication of staffing and resources to the effort.
     
  11. davahad

    davahad Member

    96
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    Dec 1, 2002
    San Jose, CA
    Yeah when I first submitted to Margaret in about a week they had the problem fixed, however, that only lasted about 1 week before it was back to 1 week + of To Be Announced.

    The guy I spoke with said they would have to update it daily and that is not going to happen. I mentioned that prior to Rovi this was not an issue and that DTV, Dish, Comcast, etc. do not have this issue.

    Going to ask for a monthly credit until my renewal date (August) and then revisit it again in August.
     
  12. sar840t2

    sar840t2 Member

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    Mar 1, 2003
    Edmonds,...
    So basically they gave up. Wow.
     
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  13. davahad

    davahad Member

    96
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    Dec 1, 2002
    San Jose, CA
    Pretty sad Rovi/Tivo are OK with crappy guide data.
     
    Mikeguy likes this.
  14. Mikeguy

    Mikeguy Well-Known Member

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    Which kinda flies in the face of what also has been reported, that TiVo is aware of the issue and is working on it. Although, there's working on it and there's working on it, and different levels of satisfaction/"good enuf."
     
  15. aadam101

    aadam101 Tell me a joke

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    Massachusetts
    It's a real shame how bad things have gotten. I remember a time when it was easy to get help from Tivo staff via the forum. They actually wanted to help people.
     
  16. Mikeguy

    Mikeguy Well-Known Member

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    Similar situation just uncovered:

    My local Heroes & Icons affiliate channel has been running the sequential playing of all the Star Trek television series franchises, 6 days a week (Saturdays excluded). In checking the upcoming lineup for Star Trek: Voyager, I noticed today that episode titles and descriptions are only given for the next 4 episodes, through Sunday; the currently-listed following week of episodes simply provides the series' generic description.

    Really, TiVo, you can't manage more than 5 days out of 12? (I'm assuming that the station provided the data for more than just the next 4 episodes--Zap2it.com, using Gracenote/Tribune Media/Nielsen data, has particularized episode listings/descriptions through Feb. 21, a day later than TiVo's generic listings.)
     
  17. Mikeguy

    Mikeguy Well-Known Member

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    And, update: with the latest program data dump overnight, TiVo now has detailed program info. for this series for the next 11 days (up from 5 as of yesterday), out of the next 13 days listed in the Guide. Good work, TiVo. :)
     
  18. davahad

    davahad Member

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    Dec 1, 2002
    San Jose, CA
     
  19. davahad

    davahad Member

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    San Jose, CA
    The guide data is very inconsistent at best and the TIVO guy I spoke with today is giving me a $24 credit and says he has documented my issues and is working towards a permanent fix, however, said there are no guarantees it will be fixed.
     
  20. Mikeguy

    Mikeguy Well-Known Member

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    Thanks for the update. I know that different people feel differently, but I'm of the belief that efforts like yours help call attention to the issue, encouraging TiVo to a fix (and with no need for a Herculean effort by you). Good for you. At the very least, you're getting a pizza out of it. ;)

    One other matter I might point out: TiVo actually did respond substantively, and did not just blow you off. Yes, TiVo was required to respond, under the dispute resolution policy; and indeed should, or face a potential lawsuit, in a worst-case scenario for it. But, still. (And yes, I know that the situation is not fixed--but that's a systemic issue that needs to be addressed.)
     

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