rody_44
Premium
join:2004-02-20
Quakertown, PA
 ·Comcast
3 edits | reply to Goober
Re: Is Arris Telephony modem really not Comcast compatible ?
by your theory i can go and shoplift and if i get caught i just have to pay for the stolen merchandise and everythings fine. sorry but in the real world its stolen until returned to the original owner. even when a cars stolen and recovered 5 years later the original owner gets first crack at the car if he wants it. he just has to pay a settlement to the insurance company to cover what they paid. notice the modem sold for 9.99 |
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Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..
| You still aren't getting it. When you sign up for the service, you promise to either return the equipment or pay for it. It's contractual.
Stealing merchandise isn't contractual. The store has no agreement with you to charge your card if you walk out with merchandise for which you haven't paid.
I swear, schools should have basic contract and torts law classes for you guys before letting you out of high school. |
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captain364
@gci.com
 from:
Cabal 
| said by Goober :You still aren't getting it. When you sign up for the service, you promise to either return the equipment or pay for it. It's contractual. Stealing merchandise isn't contractual. The store has no agreement with you to charge your card if you walk out with merchandise for which you haven't paid. I swear, schools should have basic contract and torts law classes for you guys before letting you out of high school. No, your the one who doesn't get it. You are obligated to return the equipment. Just because they charge you that does not relieve the obligation. It is still stolen property and it still is COMCAST'S property. This is pretty basic stuff in our legal system, it is the same in just about all stolen property situations. |
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Goober
Premium
join:2000-12-17
Naperville, IL | lol. I guess I wasted 13 years of my life then. Thanks for the legal advice. |
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fiberguy
My views are my own.
Premium
join:2005-05-20
1 edit | Goob.. you didn't waste 13 years of your life.. what you didn't probably do was look at the 'other areas' of what you spent 13 years of your life for.
I'm sure you know about laws that pertain to specific issues, right? Have you looked at the communication laws that govern the industry...? and what it says when it comes to equipment?
Cable boxes are not available for retail purchase in the US.. well, not the ones you are talking about anyway. They are always the property of the company.. what you pay for is liquidated damages.. but you still don't own the box. You didn't even pay the full price of the box.. step one, the consumer "stole" the box by not returning it. Step two, the company attempts to get it back.. ie: the box is still unreturned/stolen. Step three, they go after the sub to get it.. step four, they charge against your account - sometimes they get paid, often, they don't.
Again, that fee you are charged is not for the property.. and if you want to get technical, it's a 'fee' for not returning the equipment.. not an agreement to "sell" you the equipment.
I respect what you do.. but as you well know, you often fight your own kind and many times, ok, you ALWAYS disagree and are on opposite sides with them.. so you have to say that you don't always know what you're talking about.. well, let me restate that too.. you may know what you're talking about.. but does the man in the black robe and the walnut crusher agree with you? 
edit: you didn't promise to return it or purchase it. You also promised that you'd not remove it from the service address with out permission from the provider too. I believe that section of the contract holds weight. As for your shopping example, you violated the contract when you removed the equipment from the property. And where you get permission to move the box is if you call up and transfer service.. otherwise, if you're not going to transfer, yet move, you're then asked to bring it back, or allow the company to retrieve it. But at no time did you agree to return it or purchase it. HD DVR boxes, for example, cost about $650 to purchase.. the company charges you an unreturned equipment fee of $250. I suppose when you walk out of Wal-Mart with goods you put in your cart, but didn't purchase that when they catch up to you, you're only going to get charged 40%? |
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