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Comments on news posted 2003-07-02 11:08:01: As a follow up to yesterday's discussion of the AT&T Broadband to Comcast e-mail migration; users who agreed to use the company's e-mail transition wizard likely agreed to much more than they bargained for. ..

page: 1 · 2 · 3
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hobgoblin
Sortof Agoblin
Premium
join:2001-11-25
Orchard Park, NY
clubs:
In an ideal world....

These sort of documents would not be needed, However it's not ideal.

Looks like the normal CYA type of fodder.

Hob
--
"Consistency is the hobgoblin of little minds." - Ralph Waldo Emerson


Maxo
Your tax dollars at work.
Premium,VIP
join:2002-11-04
Tallahassee, FL
clubs:

There oughta be a law

against allowing companies to put things like this in their TOS. On top of that nobody should purchase service from a company which makes such demands.
--
God I love being a turtle. - Michaelangelo »www.maxolasersquad.com


Smokey
Even drunk on a bet ya make it to Canada
Premium
join:2003-05-20
Va Beach
clubs:
ya now you have to read the fine print thats on the fine print!!


Boogeyman
Drive it like you stole it
Premium
join:2002-12-17
Huntsville, AL

reply to Maxo
Especially since every time someone checks your credit, it goes down. My mother was trying to buy a house a few years ago and the real estate agent checked her credit, something wasnt right with it, so she checked it again, and again, like once a week for a month. By the time it was over my mom couldnt even get a credit card with a $100 limit. So if Comcast reserves the right to check your credit whenever they please, dont be suprised to find that you soon have no credit left.
--
what doesn't this button do?

apollo80

join:2002-01-31
Richmond, VA
Wonderful...

I used the transition wizard. Teriffic. So, now what?


JPuppy
Java Heathen
Premium
join:2002-11-24
Honesdale, PA
clubs:

Eh

Stuff like this is usually written by lawyers hired by the company. It's the lawyer's goal to protect their client and get them as much as possible. That doesn't mean it would all hold up in court. It's basically the same thing as EULAs in the software world.
--
-In a bad mood since 1824


GlobalMind
Domino Dude, POWER Systems Guy
Premium
join:2001-10-29
Hollywood, FL

Also...

I would bet they have modified the general TOS/AUP with all of this material also.

I doubt that NOT using the wizard will really help any. Things like this don't tend to just get put in one place.

I for one however, won't be using the wizard, have absolutely no reason to do so since my mail is hosted elsewhere on my own domain.

K.
--
TheGlobalMind.com 
"On a clear disk you can seek forever"


drakkkar

join:2003-02-07
Houston, TX

reply to Boogeyman
Re: There oughta be a law

Unfortunately you cant challenge the inquiries on your report either. For example if someone who you did not give access checks your credit, you cannot have that removed, even if you prove that they accessed it without your permission.

Overall individuals have very little protections against having an unfair credit rating (not that the system is even very fair the way it is supposed to work.(
--
~Age and Treachery will always overcome Youth and Skill.~


Defiance82
Computer Elite
Premium
join:2002-09-11
Reeds Spring, MO
clubs:
·Suddenlink

What the..!

I don't believe I used the wizard as well. No worries for me. That is crap though. It would be better if comcast reported to the credit places that you pay on time instead of jacking your credit up.
--
Every man dies...not every man really lives... Hacking is the business for the computer absolute elite...


pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
·Comcast

reply to drakkkar
Slightly OT - Credit Reports

said by drakkkar See Profile:
not that the system is even very fair the way it is supposed to work.(
I remember back in college how students would constantly get hounded with credit card offers... one of the key selling point was that they could be used to build up your credit. I had a few of the credit cards and with each one I was in good standing. I used them to refinance other debts at lower interest rates and I would then cancel them when they were paid off. Fast-forward a few years later when I am trying to buy a car. I find out during the financing process that these credit cards did nothing to build my credit at all. It turns out that they only count against you if you fubar things with the credit cards. They do nothing overall to increase your credit worthiness.
--
Jewel got Britney-fied! There is hope for the world yet!


bistro777
Donuts-Is There Anything They Can't Do?
Premium
join:2002-02-07
Englewood, CO

reply to Maxo
Re: There oughta be a law - -

You’d think the federal Fair Credit Reporting Act would protect you, right? Nope! When you “sign your life away” to Comcast, you’ve probably also given them the right to sell/market your personal information to “affiliates” – which, in the credit/marketing industry, has by definition historically included nearly anybody willing to pony-up to buy your personal info. (CitiGroup, for example has over 1,5000 affiliates.)

It gets worse. The law does not allow Credit Reporting Agencies like Equifax, Experian and TransUnion to sell information from credit reports for the purpose of direct marketing. But a loophole in the FCRA enables them to sell "directory information" from credit reports - "credit headers" - your name, address, telephone number, date of birth and Social Security number. The FCRA’s opt-out provision that applies to pre-approved offers of credit does not apply to credit headers. You are not able to opt-out of the sale of your credit header information by the CRAs. And Comcast, I believe, do the same with your info and its “affiliates.”

Here’s a recent letter from the Electronic Privacy Information Center to the Senate Banking Committee regarding this issue. One point it raises is “Researchers at Michigan State University recently studied over 1000 identity theft cases and found that victims in fifty percent of the cases specifically reported that the theft was committed by an employee of a company compiling personal information on individuals.” Makes ya want everyone to have your personal data, huh?

I can see it now - -
Lender: Your mortgage application is denied.
Comcast Customer: Huh? Why’s that?
Lender: It seems that you’ve had 175,000 credit checks run against you in the last 6 months?
Comcast Customer: But I haven’t applied for any new cards or loans!
Lender: Well your credit report shows you have 187 new car loans and 324 Visa cards running an average balance of $185,000 per month.
Comcast Customer: WHAT?!?
Lender: Too bad, pal, you’re SOL. But how’s your digital signal coming-in these days?

"Stand up wherever you are, go to the nearest window and yell as loud as you can, 'I'm mad as hell, and I'm not going to take it anymore.” - - Peter Finch in "Network"


hbreg
Premium
join:2000-11-09
Feasterville Trevose, PA

reply to JPuppy
Re: Eh

Exactly, just like if push came to shove my attorney would get all of this made irrelevant in a court to protect my interests. Most of these agreements aren't worth the paper they are printed on. Just legal bullsh*t lawyers do to make money and protect their client.

Unless of course the lawyers represent the RIAA then all disclaimers, etc, are worth Gold and the only laws that count it seems.


MrBradTX

join:2001-05-23
Carrollton, TX
·RoadRunner Cable

need court ruling on legality of click-to-sign

At some point, the courts will need to rule on the legality of "click-through consent" for things that normally require explicit written permission, like releasing credit information.

For Comcast to try and slip this into their click-through Terms Of Service agreement is unconscionable IMHO.


hobgoblin
Sortof Agoblin
Premium
join:2001-11-25
Orchard Park, NY
clubs:

reply to Defiance82
Re: What the..!

Coputer Elite Boasted

"I don't believe I used the wizard as well. No worries for me."

It appears that by simply having the service installed you have agreed to it anyway....Oh well

»www.comcast.net/terms/subscriber.jsp

"In addition, we may modify this Agreement at any time in our sole discretion upon thirty (30) days prior notice to you. We will notify you of any such modifications as set forth in Section 10(b) above. You agree that any one of the foregoing will constitute sufficient notice of these changes. Your continued use of the Service following notice of these changes shall be deemed to be your acceptance of any the changes."

Section 10b states

"Notice: Comcast may deliver any required or desired notice to you by posting it on the Service's web site at www.comcast.net"

Hob
--
"Consistency is the hobgoblin of little minds." - Ralph Waldo Emerson

vic102482
Premium
join:2002-04-30
Upper Marlboro, MD

reply to pnh102
Re: Slightly OT - Credit Reports

said by pnh102 See Profile:
They do nothing overall to increase your credit worthiness.

It sucks, each inquiry will lower your rating, and if you get 5 or 10 inquiries from different companies......
--
I tie a rope around my penis and jump from a tree, don't you wanna grow up to be just like me!!!!

vic102482
Premium
join:2002-04-30
Upper Marlboro, MD

WHERES THE DEAD HORSE PICTURE NOW!!!!!

Heheheh;)

Seriously, I think we can all agree this is over stepping bounderies. SSNs are supposed to be given for verfication perposes only. You think comcast will be held liable if one of their "partners" is Joey Da Shark that wants to open credit card accounts for each and every comcrap suscriber?
--
I tie a rope around my penis and jump from a tree, don't you wanna grow up to be just like me!!!!


get the quote right

@cable.earthlin
reply to hobgoblin
Re: In an ideal world....

Emerson's line is:

"FOOLISH consistency is the hobgoblin of little minds"


cjynx
Whatchu Talkin' Bout

join:2003-01-13
Pittsburgh, PA

Dumb Question!!!!

I used the wizard to see what it would do to my system. I checked off on the terms section and let it run. I never logged into anything and I never used my email address that AT&T gave me. The only thing that I noticed that changed was the heading of Internet Explorer to say something like: "by Comcast High Speed Internet". If I wasn't logged into anything on their website and never had settings for the AT&T account, how are they looking in on my credit? Are they using the IP address that I had at the time and the MAC address of the modem? then going through their system to match it up to my account? What's up wit' dat?


MrBradTX

join:2001-05-23
Carrollton, TX
·RoadRunner Cable

When you signed up for service, you may have given them your Social Security Number. That, your name, and your consent (which they are inferring in their Subscriber Agreement from your use of their service) are all they need to do a credit report inquiry.


J D McDorce
Premium
join:2001-12-29
Westland, MI

reply to MrBradTX
Re: need court ruling on legality of click-to-sign

As alluded to in other posts in this news topic, this goes beyond "click through consent," particularly based on the provisions that use of the service implies agreement and Comcast's ability to change the terms of service at any time by simply posting a new one on their site (without any other type of notification being necessary). Regardless if one used the transition wizard, anyone (legacy or ex-ATTBI) using the Comcast High Speed Internet service consents to the new TOS per the TOS.

While the entire deal has me scratching my head regarding whether or not modification of the terms of a service agreement without express consent of both parties sits with regard to "common law", this practice seems fairly widespread amongst Internet Service Providers.

There is also no clear definition of what "The Service" actually consists of contained within Comcast's Terms of Service...
Forums » Very Fine Printpage: 1 · 2 · 3


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