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

Suggestions

[91degrees]

Firstly, IANAL

Secondly - resolving the problem. Have you talked to the modem manufacturer? They may send you a fix for free. Sending you a software fix will cost them nothing, and will generate goodwill, so it's in their interests to do this.

Third - The computer misuse act is probably completely inappropriate here. I believe it's a criminal law intended for dealing with malicious damage. Threatening them with it for negligence makes you look like a moron. Breach of contract and negligent damage are more suitable terms.

I'd suggest sending a letter, by recorded delivery, explaining that you owned the modem, that a rental modem will not be adequate, and state precicely what you want them to do. Don't threaten legal action, at least not directly. Everyone does that. It makes people sound like stuck up little twits.

If all else fails, I would suggest that you consider ADSL, and tell the cable company that you are doing so. This will cost at least give you the satisfaction of knowing that you have deprived them od revenue.

Question is...

[MImeKillEr]

..does your contract with your provider state that you can use your own modem with their service? If it does, then they need to rectify the matter. If not, you may not have much recourse.

I know that Time Warner wouldn't let my old boss use his own equipment for a business account (and were were a shop with such equipment and knowledge) and force him to use their rental modem. They generally do this to ensure that they can cap the modems if need be.

As someone else suggested, contact the mfg of the modem and let them know what happened. See if they can provide an update that will undo what the cable provider pushed and close the door on allowing them to do it again in the future.

And, as always, document every conversation you have with the cable company.