When Cable Companies Break -Your- Cable Modem?

Steve asks: "I've suffered ongoing problems with my cable access for several months which my cable company has not resolved. Yesterday I discovered that the cause of the problem was probably due to a remote software update applied to my cable modem by the cable company 2 months ago. Their solution is to give me a new rental modem. This is fine, except that I *own* the current modem which is now broken and can not be sold on. The cable company are unwilling to offer compensation. According to my contract, the company can only modify equipment which they own. The question: have they broken the UK's Computer Misuse Act? Should they be liable for damages caused?"

Comments

Small Claims Court

[MBCook]

They damaged your property, they should be liable. In the US I would take them to small claims court, and force them to pay for a new cable modem, court costs, and any rental fees for the modem them lent you. From what you said they clearly violated what they were allowed to do, and they should be held liable.

That siad, if you do go to court remember one simple fact that makes their behavior look questionable: THEY broke something of YOURS, and now are making YOU pay THEM for the replacement they're LENDING you. If they broke your modem on purpose, this would be extortion; but I doubt they did that.

The main problem

[ewhenn]

.. would be proving that the update is what damaged/rendered your modem unusable. I think that the whole process would be more trouble then it is worth. Not to say that you most likely do not have a legitimate complaint, it would probably be too time consuming/expensive for you to pursue.

Also consider who sould be testing the modem. If it is tha cable company, do you think they will admit to actually destroying the modem. *ha*

Re:The main problem

[kinema]

I think that the whole process would be more trouble then it is worth.

In my opinion it is important to pursue this if for no other reason then possibly keep this from happening to others.

Re:The main problem

[UberGeeb]

I'm unfamiliar with your "Computer Misuse Act". However, if you can prove their update damaged your modem, my completely unprofessional opinion is that it falls under whatever "hacking" laws you have. They accessed your hardware without your permission. Then they damaged it. They should be responsible for replacement of the hardware in the same way that someone who runs a stop sign and totals your car is responsible for replacement of the car. Laws don't (well, shouldn't) just protect companies; they also protect the individual.

Re:The main problem

[w42w42]

In Civil court in the US I believe, it is not proof beyond a resonable doubt that has to be submitted, but a preponderance of evidence. The fact that the cable company attempted to update the software on this modem would indicate that they were doing something they were not supposed to, and put them in the negative light.

I think the reality though, if managers I've known are representative of those at your cable company, is that they will settle long before you go to court. The expense of them doing so far outways the cost of one modem, especially at their costs.

In the future...

[TrollBurger]

I predict that in the near future we're going to see lots of stories like this. This really demonstrates the problems and dangers which come from companies remotely 'auto-updating' customers products, particularly with out the customer's consent, or even knowledge.

Microsoft Windows has ever increasing types of 'auto-update' features, particularly with the advent of Windows XP. I'm not that familiar with XP, so I'll refrain from commenting on exactly how prevalent it is with XP, but its certainly going to be a big point that large companies will be making soon.

You'll notice too, how the introduction is always in small steps, not from "1. Nothing, 2. We own and admin your computer", but gradual steps, allowing customers to slowly warm to the idea that a faceless company somewhere has the 'right' to install and update whatever the hell they want to.

Given Microsoft and Other's track history, would you really trust them to admin your computer? When one service pack breaks another, does it make you wonder? TrustWorthy Computing! Please, spare me the jokes, Microsoft.

Before you get your panties in a twist...

[slittle]

try perhaps writing "Letters to the Editor" (or some sort of consumer rights type column) to a few local computer magazines. They will generally contact the company in question, get their side of the story, and oh-by-the-way your dirty laundry is going to be in the next issue, so whatcha gonna do about it?

Bad PR is pretty good grease..

You may also have some industry body you can complain with as well. In Oz, that's the dept Fair Trading, Telecommunications Industry Ombudsman, ACCC, etc. Even if they can't do anything for you, registering the complaint gives them stats they can use later on if the problem gets bad enough.

Re:You BOUGHT a cable modem?

[ErnieD]

Purchasing a cable modem is a pretty cost-effective thing to do. I did it myself...got one for $50 after a rebate. With the $10/mo I save on my cable bill, it'll pay for itself in 5 months, and from there on out it's just like pure profit. An upgrade 6 months or a year down the road will have already been paid for.