Anonymous_
Anonymous
Premium
join:2004-06-21
127.0.0.1
clubs: | it needs to be changed to
it needs to be changed to (it's crapcastic!)  |
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S_engineer
join:2007-05-16
Chicago, IL | Where is...
Notification of changes to the TOS?
This is a basic principle (or law) that financial institutions are held to, why isn't this applied to telcos and cablecos?
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Burn a tire, but make sure you buy that carbon offset! |
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Jon
Premium
join:2001-01-20
Lisle, IL | God they suck!
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dilettante
join:2002-01-01
Haslett, MI | Throw the rascals out
I have to wonder why companies of such proven dis-reputability have to be allowed further access to our markets anyway. We need a consumer movement with some serious teeth in it.
The market does not belong to businesses. |
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whocares
Premium
join:2003-07-26
..
1 edit | reply to Anonymous_
Re: it needs to be changed to
and more & more pple leaving comcast,and they just raised their rates this week,& plan on doing so again next month,
I'll bet their upper management is so mad they could,(well they say a picture is woth a thousabd words)lol,
i love it couldn't happen to a better company then time warner/comcast or castrate, or whatever name they want to be called.
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That the easiest way for me to grow as a person is to surround myself with people smarter than I am,and don't bother with those that ONLY know how to hurt.
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TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
 ·Sprint Mobile Broa..
 ·Comcast
2 edits |  Word of Warning to Comcast users
This court ruling ONLY applies to class action lawsuits. It doesn't apply to suing Comcast individually if you didn't opt out of the arbitration terms. In other words, if Comcast burns down your house while installing a new cable outlet, and you agreed to arbitration, then you are still stuck - you have to go to arbitration. The appeals court sent it back to the district court. I expect Comcast will just redo the arbitration clause to remove the class action piece and then reissue the TOS with arbitration for non-class-action suits. And that will satisfy the district court.
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Internet News
My BLOG
My Web Page |
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iamcool2
join:2006-05-12
Carmel, IN | insight
Insight does the same thing  |
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HFB1217
The Wizard
Premium,ExMod 2000-01
join:2000-06-26
Camelot
clubs:  | Bang Bang that's the sound of Laywers beating at the doors
This will also shoot holes into the credit card industry who were the first to pioneer this legal bull into there TOS as well.
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****aka The WIZARD **** A Founding member Seti BBR Team Starfire**** |
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alalper
Premium
join:2000-08-20
Philadelphia, PA
| reply to TKJunkMail
Re: Word of Warning to Comcast users
I believe you are wrong. While I haven't read the entire opinion, it seems to me that the "the entire arbitration provision is rendered unenforceable" would also apply to individual suits.  |
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Jodokast96
R.I.P Bassman442
Premium
join:2005-11-23
Erial, NJ | reply to S_engineer
Re: Where is...
It was sent with the monthly bill. |
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whocares
Premium
join:2003-07-26
..
1 edit | reply to HFB1217
Re: Bang Bang that's the sound of Laywers beating at the doors
but C,C thinks like a lot of companies,
you (as a consumer) are not suppose to be smart enough to sue us,all your suppose to do is give us your $$ and don't say diddley.we'll do what we want to do.
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That the easiest way for me to grow as a person is to surround myself with people smarter than I am,and don't bother with those that ONLY know how to hurt.
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C0deZer0
Oc'D To Rhythm And Police
Premium
join:2001-10-03
Davenport, FL
 ·Verizon FIOS
|  Serves them right
If they've done me wrong to the point where I feel legal action is in order, I should have every right to do so.
And if enough people around me have gotten the proverbial shaft as well, then we all should be given proper satisfaction.
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Front Line Force Fortress Forever |
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DHRacer
Fire Survivor
join:2000-10-10
Lake Arrowhead, CA | reply to Anonymous_
Re: it needs to be changed to
Wierd. DTV has this arbitration clause... |
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BryanOnRR
join:2007-06-22
Brandon, FL | reply to C0deZer0
Re: Serves them right
itnever ends with them, down with comcast
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The Maxx
max dn 22mbps / max up 4.7mbps |
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envoid
join:2002-12-21
Duluth, GA
1 edit | who's a lawyer here?
The TOS is just a binding contract. What enforcement, besides disconnecting you, prevents you from suing Comcast should they actually blow up/burn down your house? Contract law (from my very poor understanding) would be that they can sue you and/or disconnect your service for breaking the agreement. But if they owe you 300k for your home, wouldn't that outweigh any winnings they could receive from this breach of contract? Who's a lawyer that can answer this?? |
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nightdesigns
Gone missing, back soon
Premium
join:2002-05-31
AZ
·Cox HSI
| Sprint is doing the same
Sprint recently offered me good deal, if I renewed my contract with them and they made mention of an arbitration clause in the new contract.
It was interesting, because they wanted you to be aware of it and clearly printed that part as an * underneath.
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[[Your signature here]] |
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vpoko
Premium
join:2003-07-03
Jamaica Plain, MA
1 edit | reply to TKJunkMail
Re: Word of Warning to Comcast users
The class-action clause was found to be unseverable, so the arbitration agreement was thrown out in its entirety.
I know you badly wish for it to be how you said, you'd support a corporation over an individual no matter the circumstances, but Comcast got slapped and there's no other spin you can put on it. |
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vpoko
Premium
join:2003-07-03
Jamaica Plain, MA
1 edit | reply to envoid
Re: who's a lawyer here?
I'm not a lawyer, but contracts can entail more than monetary damages for breach, courts can also enjoin certain actions by court order. Happens sometimes with non-compete agreements, where a company will obtain a court order to force an ex-employee to honor the agreement. If you still go ahead and do it, you're in contempt and can go to jail.
Of course there would be no contempt here, if the contract had been upheld Comcast could enforce their rights by having cases filed against them summarily dismissed. |
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Titus Pullo
I came, I saw, I slept
join:2004-06-26
 ·Embarq
| Reminds me of Adelphia
when they pulled a rabbit out of their legal dept's arse and wrote in mouseprint at the bottom of a bill one month: "By paying this bill, you agree with the terms in the document at (insert adelphia URL here)."
I was so outraged I turned my TV off and on TEN TIMES!
Then realized there was no one else to get TV from 
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A monthly desktop thread should only happen when Paris Hilton buys a computer. |
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viperpa33s
Why Me?
Premium
join:2002-12-20
Bradenton, FL
·Bright House
| Violates due process
It violates due process under the law. Though I agree lawsuits are getting out of hand, there is no reason to take away someones ability to sue. Comcast or any other company can't do that even if it's in there TOS.
Comcast wouldn't hesitate to sue if it was in there best interest. Comcast can't change the law, that has to be done by the state legislature or by Congress. I thought arbitration can only be done if both parties agree or arbitration is issued by the court if it's in the best interest of both parties. |
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