fiberguy
My views are my own.
Premium
join:2005-05-20
1 edit | reply to Goober
Re: Is Arris Telephony modem really not Comcast compatible ?
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gar187er
Premium Alcoholic
join:2006-06-24
Dover, DE | reply to Goober
your welcome.....its the least a cable tech can do for you!!!  |
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Goober
Premium
join:2000-12-17
Naperville, IL | reply to gar187er
I guess since you say it's the end of story, it must be. Your wisdom is appreciated. |
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Goober
Premium
join:2000-12-17
Naperville, IL
 ·Comcast
·WOW Internet and C..
2 edits | reply to tshirt
Show me the language that indicates it's a deposit.
All the other stuff you said must be too complex for me, because it seemed like a bunch of immaterial nonsense. Landlord tenant law is completely different than contract law and the UCC.
And, why are you going on about torts and ambulance chasing? |
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tshirt
Premium,MVM
join:2004-07-11
Snohomish, WA
·Comcast
3 edits | reply to Goober
said by Goober  :said by tshirt : Goober, It is a deposit. similar to paying a deposit to a landlord when renting or leasing an apt. or house. It certainly doesn't include the full value of the property/potential damages nor is it an offer to sell. I don't see that in the agreement. The section of paragrph 6 that I quoted above seems to pretty explicitly state that they are going to seek full damages, including equipment costs and related recover costs. Also, I don't see any language whatsoever regarding deposits, etc. it is a deposit.
as a landlord, I cannot expect a deposit in the total value of a property, let alone the cost of cleanup of a tenant caused problem (i.e. drug lab residue, fire cleanup, etc( if they had that kind of money they could buy a nicer house for cash) )
however the deposit is to coerce (most reasonable people) to return said property, in the same condition as delivered, minus "Normal" wear and tear (i.e. normal usage for the implied purpose of a object) the deposit doesn't pay the full value (plus recovery costs) of the object, and withholding the deposit (with proper notice) does not release ownership (or the right to recover the cost of recovery, repair, replacement or prosecution.
YOU may not like their (CC's) contract, under tort law an offended party may file suit. OR if YOU think CC has shown willful disregard of common law and /or consumer regulations YOU could possibly find/solicit enough offend party's to file a class action (you'd be "ambulance chasing " to solicit client to pursue your own opinions )
CC contracts are somewhat vague, but as their lawyers see fit, (good luck with your claim in the real world). |
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gar187er
Premium Alcoholic
join:2006-06-24
Dover, DE
| reply to chesslover17
i dont care if you claim to be Starr Joes, fact is CDV will never use customer owned equipment, because then whos liable if something doesnt work?!?! comcast!??! or the person you bought it from on ebay?!?! Phone is a lifeline.....do you want a POS EMAT that is either stolen or picked out of a dumpster?!?
the reason its stolen (yes it is) is that they are not sold to the public, period....so its belongs to a cable company....end of story..... |
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EG
The wings of love
Premium
join:2006-11-18
Union, NJ
| reply to mjh001
said by mjh001 :in any event the device they provide it simple an ATA and a Cable modem with a battery backup in one unit, Whatever it's worth, technically, the device is considered to be an eMTA.
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Happy Holidays ! |
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mjh001
join:2002-09-10
Forked River, NJ
| reply to chesslover17
More to the point, Comcast will not setup a ATA device they did'nt provide to you, plain and simple fact is that their techs cant add in the MAC address and confirm that the equptment is running their firmware or that it can even have their image tftped to it, as far as the stolen or not stolen bs, there is a lot MSO type hardware all over the net, most of ti is not stolen, most is decomissioned, dumpster dived, or perhaps even bought through resellers, most of what the providers are useing can be bought openly, however there is no thing to say they will activate your ata, set top box (laws are coming soon that one though to allow it), DVR/Te-vo or even you modem however they do... in any event the device they provide it simple an ATA and a Cable modem with a battery backup in one unit, the ATA is locked to comcast, however can be unlocked to work with other BYOD type providers or even your own IP/PBX system, and they will work well. |
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Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..
2 edits | reply to rody_44
said by rody_44 : now your making things up. where does it say full damages? it says a fee for not returning it. copy and paste where you see that. "You will be directly responsible for loss, repair, replacement and other costs, damages, fees and charges if you do not return the Comcast Equipment to us in an undamaged condition."
if you were a lawyer you wouldnt even be argueing your point.
Uh, okay? |
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cypherstream
Looking forward to the future of things.
Premium,MVM
join:2004-12-02
Reading, PA
clubs:
| reply to chesslover17
Hey guys,
I'm going to stay out of the whole legal / ethics debate, but I do have a question regarding customer owned equipment.
Why is it that in the U.S. the only customer owned cable equipment legally obtainable anywhere (Brick & Morter, small shop, or even E-bay), is a Cable modem?
Why in Canada do even big box retailers sell Scientific Atlanta and Motorola digital cable set top boxes and DVR's? Even after the FCC's useless Separable security mandate, we still do not see the new remodeled set tops (sans cable card) at any stores?
Is it possible that an eMTA from E-Bay could of been legally purchased in another country such as Canada, or any other country that uses the 6 MHz DOCSIS 54-870 MHz forward path standard?
If in fact a eMTA was legally purchased, would Comcast activate the 'internet' portion of the modem? Why not the phone portion? Is it a matter of tight quality control while CDV is in it's infancy? How does this policy compare to competitors such as Vonage, Verizon VoiceWing, Packet8, ViaTalk, etc.. ?
Thanks, just curious. Even if you don't know, your general opinions would be great. |
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rody_44
Premium
join:2004-02-20
Quakertown, PA
·Comcast
4 edits | reply to Goober
now your making things up. where does it say full damages?
it says a fee for not returning it. copy and paste where you see that. if you were a lawyer you wouldnt even be argueing your point. it says your responsible but it doesnt say that is what the fee is for. |
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Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..
| reply to tshirt
said by tshirt : Goober, It is a deposit. similar to paying a deposit to a landlord when renting or leasing an apt. or house. It certainly doesn't include the full value of the property/potential damages nor is it an offer to sell. I don't see that in the agreement. The section of paragrph 6 that I quoted above seems to pretty explicitly state that they are going to seek full damages, including equipment costs and related recover costs.
Also, I don't see any language whatsoever regarding deposits, etc. |
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tshirt
Premium,MVM
join:2004-07-11
Snohomish, WA
·Comcast
| reply to Cabal
said by Cabal :Everyone on the Internet's a lawyer, huh? Well, I'm a judge. And I say it's stolen. Oh Yeah! well I'm Joe Isuzu and I own comcast and I want my EMTA back or some more$$$$$
yeah that's the ticket... more money |
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tshirt
Premium,MVM
join:2004-07-11
Snohomish, WA | reply to chesslover17
Goober,
It is a deposit.
similar to paying a deposit to a landlord when renting or leasing an apt. or house. It certainly doesn't include the full value of the property/potential damages nor is it an offer to sell. |
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Cabal
Premium
join:2007-01-21
Boston, MA | reply to Goober
Everyone on the Internet's a lawyer, huh? Well, I'm a judge. And I say it's stolen. |
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Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..
1 edit | reply to rody_44
I am a lawyer, and you're right--it's pretty basic stuff. After that, you don't really know what you're talking about.
Here are the important things for you to do.
1. Read up on contracts of adhesion--including the case law
2. Read Comcast's agreement
3. Read the UCC and the Restatement of Contracts
Then, once you've gotten a little iota of knowledge and can make proper legal arguments, come back to me. I put little stock in you declaring your own point of view as being correct. |
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rody_44
Premium
join:2004-02-20
Quakertown, PA
·Comcast
4 edits | reply to Goober
im not a lawyer but its pretty basic stuff. something is stolen it continues to be stolen until RETURNED to the original owner. name any place in law where anything belongs to the person stealing it. courts always rule against them. we had a thread on here not long ago that a person recieved a mystery 250 dollar check from comcast. it never was determined what it was for but i suspect it was for recovered equipment. the only experience i had was my house got robbed. i did get payed for everything by my insurance company but i also got some of my stuff back around a year later. i was required to pay back some money to the insurance company but everything still belonged to me. i never did pay back my insurance company tho as they didnt want anything to do with it. either way its pointless to keep argueing it. you have your point of view and i have mine which is how it actually goes. just remember your paying a unreturned fee your not buying the box. |
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Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..
1 edit | reply to rody_44
"You will be directly responsible for loss, repair, replacement and other costs, damages, fees and charges if you do not return the Comcast Equipment to us in an undamaged condition.
It sounds to me like they will charge to make themselves whole. I don't see it specified anywhere that the customer continues to bear the responsibility of returning the equipment. Nor do they say anywhere that they will refund the money upon return of the equipment.
If you force a contract of adhesion on someone, you have to make sure that the terms are pretty darn clear. And, in many cases where the language isn't clear, a court will interpret the language against the drafter of the agreement.
Read the UCC section 2 and Restatement (second) of contracts. In each of those, you'll see that the courts do not like adhesion contracts. A consumer whammied with an unconscionable clause will win.
I think any court would find it unconscionable if Comcast charges me money sufficient to recoup the costs of the equipment, like they say they will in section 6 of the contract, and then still calls the box stolen. And, nothing is said in section 6 about providing a refund if the box is returned. Then it becomes unjust enrichment. Courts tend to dislike that as well. |
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rody_44
Premium
join:2004-02-20
Quakertown, PA
·Comcast
| reply to Goober
you keep mixing it up with buying the modem when not returned. notice it says fees for altered, damaged, or unreturned modems. in all three cases the fee is the same and comcast retains ownership in all three cases. you are not purchasing the equipment. |
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fiberguy
My views are my own.
Premium
join:2005-05-20
| reply to TD Nickell
I agree.. I think it's a HORRIBLE idea.. It will ultimately, in my opinion, make a bad mark on comcast for having a poor quality phone service.
i'm still a digital phone sub and enjoy it. Minnesota is powering down the switch on or about January 10th so I have to say good bye to Digital Phone and move to Digital Voice.
CDV WILL ultiamtely become compared, even more, to the likes of Vonage and the fact that self installs will throw quality control out the door, I really don't think it will be taken as serious any more as a telephone service - especially at this price.
BUT, at LEAST it's still a 'managed' service with support trucks to back it up. |
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