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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?"
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.
Comment forecast: Bits of genius surrounded by a sea of mediocrity.
.. 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*
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.
This may sound overly simple, but complain.
Pick up the phone and dial their support department and calmly ask for a manager. As soon as you get them ask them their name and direct phone number then tell them your 'issue' - cause no-one has a problem when dialing support departments.
Point out that what they've done is equivalent to stepping into your house with a hammer and hitting your modem with it until it broke.
NEVER get angry or upset, if the person you're speaking to can't help you, simply ask for the next higher manager. Again keep a note of names and phone numbers, NEVER accept a phone back, it hardly ever happens.
Persistence is the key word here and try to keep in mind that the first people you speak to simply don't have the power within that company to offer you what you want, simply move up the ladder till you get to the person you need.
Eventually you'll be wasting the time of someone important enough to say 'We'll send you a new modem'.
Good luck - talking to the Citizen's Advice Bureau if you still don't get satisfaction may help.
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.
Opportunity knocks. Karma hunts you down.
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.
Read your manual. I had the exact same thing happen with my connection. Power cycling the modem was no use, and doing so would just cause it to lock up trying to download an update and getting stuck. After going through the manual, I discovered the factory reset option. This cleared all the bad gremlins, and the latest update downloaded and installed fine. You have read the manual, right? If that's no help, I guess renting is the way to go.
Interested in open source engine management for your Subaru?
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.
..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.
Cruising the internet on my TI-99/4A @ a whopping 300 baud!