The following is an excerpt from my actual 2013 small claims presentation where I sued Comcast over $1,800. Feel free to use it as you feel the need to help you with your small claims action. Comcast actually perjured themselves several times during my hearing. In one instance bold face lied about having remooved an erroneously placed collection action aganst me. I check a week later to find out it had NOT been removed. It was really eye opening how arrogant and untouchable they come across.
Go to the very end of my article to find out about the results of my small claims hearing.
I did not include the exhibits just TMI! and they were in HTML format
NOTE I CHANGED DATES AND MONETARY FIGURES
FORMAL COMPLAINT TO SUPERIOR COURT:
My compliant is two fold.
Breech of Contract: Comcast violated their contractual agreement with me which stated that they would deliver high speed internet to my residence. By their own admission, they failed to do this. However, when requested a partial credit be applied towards my account, they refused to do so.
Fraud: Comcast also failed to disclose that the proprietary cable network, which they own, operate and maintain, was incapable of delivering the service I paid for. In other words, they sold me a premium service yet they never disclosed they would not be able to deliver it (and they didn’t). That is fraud. This lack of disclosure constitutes a violated even the most basic consumer protection law.
Comcast states they are NOT responsible for quality or level of internet service delivered, then who is? Comcast is responsible for delivery of high speed internet service to my residence or they are responsible for disclosing an infrastructure that can not deliver it.
It is for this reason I am requesting the court determine at what level will Comcast be held liable.
I am seeking damages, costs and removal of negative remarks on my credit report from all three major credit reporting bureaus. I am suing Comcast for breech of contract, fraud, property damage, erroneously filed charges, and unacknowledged credit for returned equipment.
RECITALS WHEREAS, Plaintiff contracted with Comcast to deliver high speed internet service (Service) and cable TV service to my residence on ZYZYZY X, 20XX; and,
WHEREAS, Comcast failed to delivered Service but instead delivered consistently slow internet speeds plagued by internet connectivity issues (Issues) resulting in less than contracted and paid for high speed internet; and,
WHEREAS, in XZXZXZX 20XX, Plaintiff requested Comcast investigate continuing Service Issues; and,
WHEREAS, upon investigation at my residence, Comcast’s technician reported measuring internet signal strength (Signal), which is measured in decibels (dBmV), to be "substandard"; and,
WHEREAS, during aforementioned service call Comcast technician caused minor property damage at my residence; and,
WHEREAS, despite multiple requests by Comcast technician and myself, Comcast refused to apply a partial credit towards my account for Issues directly related to Comcast’s delivery of substandard internet signal; and,
WHEREAS, Plaintiff cancelled all Comcast services (Internet and TV) effective XZXZXZXZX 13, 20XZ; and,
WHEREAS, upon said cancellation Comcast billed Plaintiff with: erroneous charges; failed to acknowledge credit for returned equipment; and reported Plaintiff, to the major credit bureaus, for lack of payment; and,
WHEREAS, Plaintiff delivered a written request for damages received by Comcast on XZXZXZ 12, 20XZ which to date has been denied; and,
WHEREAS, Plaintiff subsequently filed suit against Comcast for damages on XZXZXZX 21, 20XZ.
XZXZXZX 12, 20XZ
Mr. Brian L. RobertsChairman and Chief Executive OfficerComcast CorporationOne Comcast CenterPhiladelphia, PA 19103-2838
RE: Formal Notice of $1,8XX.XX in Credit and Damages
Dear Mr. Roberts,
I am a former Comcast internet service subscriber (Customer). I began service in XZXZX of 20XZ and cancelled my service in early XXZXZXZ of 20XZ. My purpose in contacting Comcast is to reconcile my account. The final bill I received from Comcast stated that I owed $174.30 (see Exhibits A1 & A2). In all actuality Comcast actually owes me money. This is a formal request for a sum totaling $1,8XX.XX for credit and damages I suffered during my tenure with Comcast’s and their breach of contract and property damage at my residence.
Comcast’s final bill fails to reflect the following:
DAMAGE AND COSTS TO FORMER CUSTOMER SERVICE ISSUE #1 SERVICE ISSUE #2 COMCASTS’ DAMAGE TO CUSTOMER’S PROPERTY COMCAST’S FAILURE TO ACKNOWLEDGE CUSTOMER’S EQUIPMENT RETURN COMCAST’S ERRONEOUS CHARGE TO CUSTOMER FOR EQUIPMENT PICKUP COMCAST TOTAL OWED/TO BE CREDITED =
DAMAGE AND COST TOTAL COMCAST OWES CUSTOMER COMCAST’S LAST BILLING STATEMENT AS OF: 01/03/12 $174.30TOTAL OWED OR TO BE CREDITED TO CUSTOMER TOTAL BALANCE COMCAST OWES CUSTOMER =
SERVICE ISSUE #1:
I requested repair service, in regards to internet connectivity problems, poor signal strength, internet service interruptions and slow internet speeds (Connectivity Issues), back in XZXZXZXZ 20XZ. I had been experiencing these problems since I received Comcast service but up to that point had thought the issues were a result of problems with my computer hardware or software. Since that time I have confirmed definitively that my computer and software were operating correctly.
For this initial service request, Comcast sent out service technician, Mr. John Doe - Tech #ZXZXZ. He discovered after some testing that Comcast’s internet signal, the signal being delivered to my home was substandard. Mr. Doe said, "Comcast’s signal strength was so degraded and poor, it alone was the sole cause of my Connectivity Issues."
Mr. Doe also stated that "the internet signal, being delivered to my home, was not only substandard but was most likely caused by Comcast’s decaying infrastructure". In other words, Comcast’s cable network, the one used to deliver internet signal to my residence, was deteriorating. Mr. Doe tested and recorded the signal strength taken at my residence and wrote them on the Equipment Receipt and Service Charges Authorization – Job #XZXZXZX (Exhibit B).
An independent confirmation that my internet signal strength (Signal) was substandard can be seen on "EXHIBIT O". This exhibit notes a statement by Broadband Reports.com (formerly DSLreports.com), a website of independent computer technicians that report on broadband industry topics focusing mainly on cable modems and DSL tools. It calls my level of Signal "Out of Spec." (out of specification). Out of specification means that the level of my Signal was so degraded it did not even meet the given specification(s) necessary to constitute internet service.
Upon discovery that my signal strength was substandard, Mr. Doe called Comcast and requested that my account be credited for all the substandard service and internet connectivity disruptions I had experienced to date. He was confident that Comcast would give me credit. Comcast denied his request and did not issue any credit to my account.
SERVICE ISSUE #2:
When I requested repair service and set my appointment I was told that the Comcast repair tech would arrive between 2:00 pm and 4:00 pm that Saturday. However, the morning of the appointment, I received a "robo-call" from Comcast stating the appointment had been changed. The appointment was rescheduled robotically to take place between 12:00 (noon) and 2:00 pm that same day. I had not been consulted regarding my availability for this new appointment time but was forced to accept the unilateral change. Therefore, I began waiting at my house at 12:00 noon that Saturday. The Comcast technician, Mr. Doe, did not arrive at my residence until 5:30 pm that evening. Needless to say I was not happy. I waited a total of 5 ½ hours for Comcast to arrive. After his arrival, Mr. Doe did not finish his service call and leave my home till 8:00 pm. He stayed for 2 ½ hours. When all was said and done Comcast’s service call had consumed 8 hours of my time that Saturday, the great majority of it spent waiting for Comcast to arrive.
Comcast’s (Mr. Doe) solution to my Connectivity Issues was to install an electronic signal amplifier. I was told it would "boost the signal" delivered to my home. What Mr. Doe failed to disclose was that the amplifier would do nothing to increase the quality of the signal, which was what was actually needed to resolve the Connectivity Issues. The amplifier only "boosted" the volume level of the signal. In doing so the noise level of the signal was increased as well. In other words, the quality of the signal remained substandard and the issue remained unresolved. I found this out long after Mr. Doe had left.
During the installation, Mr. Doe was responsible for causing some property damage at my residence. He installed the amplifier on the inside (hidden side) of an interior door located in my den/utility (see Exhibit C). One side of this interior door is finished with walnut veneer, paneling (see Exhibit D). The walnut paneled side is the "show" side of the door or that side of the door that is visible when using the den. Mr. Doe used (4) four, self tapping, wood screws to anchor the amplifier, all which were too long and all completely penetrated through my door and the walnut veneer paneling (see Exhibits E1 and E2).
Mr. Doe wasn’t even aware of this damage until I pointed it out to him. He promptly removed the screws and used shorter ones to finish the job; however, the damage to the walnut paneling had been done. As a result there are now four distinct holes in my door, holes that were not there prior to Comcast’s service call. Please see the Equipment Receipt and Service Charges Authorization – Job #ZXZXZXZX; Tech #XZXZX verifies the aforementioned property damage (see Exhibit N).
Mr. Doe wanted to have a Comcast repairman "fix" the holes; however, based on Comcast’s: inability to honor their scheduled appointment times; unilateral appointment rescheduling process (i.e. robo-calling); lack of concern for customers schedules and time; and inability to perform routine installations without property damage; I refused any repair help. I was not in a position to absorb the mounting costs of doing business with Comcast. Nor was I in a position to afford the risk of having any additional property damage caused by inexperienced technicians. Therefore, I had a local handyman furnish me with a repair proposal that allows for replacement and refinishing of the small portion of the walnut veneer plywood that was damaged (see Exhibit F).
A) Comcast delivered a substandard level of internet service throughout my entire 20 month service period.
B) Comcast failed to disclose, prior to our service agreement, that the customer (I) would be expected to absorb any costs related to Comcast’s failure to:
- Deliver the high speed internet service promised and paid for; and
- Conduct installations without causing collateral property damage; and
- Honor initially scheduled appointments but rescheduling them at the last minute; and
- Conduct repairs within normal business hours between 9:00 am to 5:00 pm; and
- Arrive within their specified 2 hour appointment window.
C) Comcast refused three (3) separate requests to credit my account for Connectivity Issues directly related to their delivery of substandard internet signal. One request made by Mr. Doe. I made two requests, one which was rejected at the Comcast’s toll free customer service level. The other was made at the regional level when I called their office in Tracy, CA.
D) Comcast mistakenly charged my account $40.00 for not returning their equipment when I cancelled my service. (see Exhibit A2)
E) Comcast failed to credit my account $50.00 for not returning their "DTA’s" (equipment) I mailed through their mailing service. (see Exhibit A2). The Equipment Recovery Services Statement and Receipt demonstrates the DTA’s were returned. (see Exhibit G1 & G2)
F) Comcast contracted with the CMI collection agency who threatened me with a collection action on 02-20-12 for an alleged unpaid bill of $174.30 which I did not owe. (see Exhibit H and I)
G) Comcast contracted with Stellar Recovery, a collection agency, who threatened me with a collection action on 02-25-13 for an alleged unpaid bill of $124.30 which I did not owe.. (see Exhibit J)
DAMAGE & COST JUSTIFICATION (see Exhibit L & M):
It regards to my claim for credit for my 20 month period with Comcast. I previously mentioned that I had been experiencing Connectivity Issues since I began receiving Comcast service. However, I had thought the issues were a result of problems with my computer. However, since that time I discovered my computer and software were operating normally.
In addition, I discovered when I switched internet service providers, in XZXZXZXZ of 20XZ, from Comcast to AT&T U Verse internet service (U Verse), I had no Connectivity Issues (see Exhibit K). This internet service has a completely different internet service delivery platform. U Verse’s internet signal is delivered through telephone lines, not through a proprietary coaxial cable like Comcast’s. Since using AT&T U Verse I have not experienced any of the chronic Connectivity Issues that plagued me when I was using Comcast’s service. Consequently, that is my justification for requesting at least $35/month in credit for each month I was billed for service (see Exhibit L – "CUSTOMER’S ITEMIZED DAMAGES AND COSTS", "Service Issue #1").
My documentation provides evidence of Comcast’s, less than best practices approach, in servicing my account. Comcast violated "good faith" and breach of contract law. The statement from Comcast’s own service technician is indisputable evidence that Comcast is the responsible party, yet I received no credit for all those months of inadequate internet signal delivery. Comcast’s own electronic diagnostic equipment, designed specifically to measure internet signal strength, yielded test results which proved that Comcast’s internet signal, delivered to my dwelling, was substandard. In addition, the fact that I changed to AT&T U-Verse and had no similar connectivity issues proves that neither my computer nor software were not causative agents.
Please find enclosed the documentation needed to process my claim. I am hopeful with the details I have provided Comcast will conduct a quick review and forward a check for credit and damages. In addition, Comcast is to remove negative credit remark placed on my credit report as a result of this alleged late payment.
Comcast’s denial of responsibility and failure to provide damages in regards to this demand will result in litigation. All costs related to said litigation will be added to the total damages sought.
I am formally requesting the Comcast cause to be delivered to me clear, legible, dated, copies of the following documents:
Comcast - Equipment Receipt and Service Charges Authorization – Job #XAXAXAX; Tech #VAVAVAV (Exhibit B)
Comcast - Equipment Receipt and Service Charges Authorization – Job #ZXZXZXZX; Tech #VZVZVZV (Exhibit N)
Comcast – Signed agreement for initiation of service in April 2010 (account XXXX YY EEE AAAAAAA).
Should there be any questions or clarification needed I can be reached at XXX-XXX-XXXX.
RESULTS OF MY SMALL CLAIMS HEARING
I took Comcast to court and won and lost! I had asked the court to award over $1,800 and relative to this award order Comcast to remove a negative credit remark from my credit report from all three major credit reporting agencies.
The actual results of the hearing… I won $415 of the $1,800 I requested. However, during the hearing the Comcast representative stated that Comcast had already removed the negative remark on my credit report. The judge seemed satisfied with Comcast’s statement and therefore did NOT formally order Comcast to produce proof. I checked my credit report a week later. The negative credit remark had NOT been removed. Comcast committed perjury under oath. They lied about how many times the called me to try to setlle this matter. They brought a letter to court that they had said they mailed to me which they hadn't. They lied about clearing up my credit.
If you plan on taking them to court be prepared with phone records, dates, everything and anything. Be prepared for them to lie. They way things are there is very little you can do about it unless you can prove they are lying right there in court or if you can appeal and prove it later.
I can NOT appeal the court decision because technically I won. You can NOT appeal small claims cases if you win. Therefore I have NO legal recourse to get Comcast to clear up the negative remark.
The judge completely flubbed the 5.5 hour waiting period law. In CA there is a law that states if the service company takes over 4 hours to show up then you can sue then for $600 in damages. In my case, Comcast actually took 5.5 hours to show for this particular appointment and I still did not get the $600 award (penalty). Oh well. I hope this was of help to you guys out there. Expect to see this pop up all over the www as I am one pissed consumer!!!
Pissed in California 2013!
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