 ScottMoOnce in a LifetimePremium,MVM
join:2000-12-15
Stony Brook, NY | reply to cdru
Re: What do you get for 10 dollars First, thanks for your intelligent response to my post. These kinds of topics often slide into the "why don't you grow up - no, YOU grow up" types of childish arguments.
said by cdru:...I won't however agree that it was a violation of contract. Show me an contract (or user agreement or terms of service or any other "official" document") that says anything about them not doing what they did. Good luck finding it. Its irrelevant what the TOS says or doesn't say (in this case). When one buys something there are implied warranties that do not have to be stated. Here's Comcast's disclaimer of warranty (caps are theirs):
THE COMCAST EQUIPMENT AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMCAST NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT THE COMCAST EQUIPMENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER COMCAST NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
Seems pretty straight-forward: "we're not responsible for anything". Except for the last 7 words: "unless otherwise prohibited or restricted by applicable laws". Guess what, there's plenty of laws that contradict this disclaimer. While I do not claim to be an expert in AZ law (I am not a lawyer), paying a company to provide one type of entertainment when it violates FCC regulations and airs another falls squarely into the "unless otherwise prohibited or restricted by applicable laws".
And if they want a partial refund for the period of time that normal programming was interrupted, that 30 seconds was about 1/10 of 1%. At $100/month for programming, that comes to 10¢... or slightly more then nothing. Which is why Comcast's offer seems to be a reasonable attempt to make up for their blunder.
It's nice that Comcast is offering a $10 credit. I'm saying that, to me, it's not necessary. An apology and knowing what actions were/are being taken to prevent it again would be worth more. I assume Comcast is going to take steps to prevent it. The only way corporations have to say "sorry" is by money. Does firing the tech who let this slip (assuming thats what happened - I haven't read anything by Comcast that indicates they know what happened) make people feel better? I'd rather have the guy keep his job, and get better trained or proceedures put in place to prevent it. I also don't think the $10 is necessary, but its an acknowledgment of the seriousness of the situation. Before people blow a gasket saying how can $10 be "serious", multiply that by the number of viewers. To a company, that's serious. |
