You know the drill.
The customer service Representative tells you may be before a can before they can have you home all day to wait for the technician.
But as fate or bad luck would have it, the tech never show up, and you have blown a day off of work without pay for no reason reason ... and you still need that service call.
You are mad. You are REALLY mad.
Then call back in and a different customer service Representative apologies profusely then then tokens off $ 20 from your bill. Then the CSR reschedules the appointment for a few days later, and you get to plan to stay home another another day hoping against hope that the tech will show up this time.
There must be a better way to ensure that you do not lose out when the cable operator misses an appointment! Well, there is.
A relatively small number of savvy California cable TV subscribers know about the cable TV operator who misses an appointment to compensate you for your lost wages and expenses up to a cap of $ 600. It is California Civil Code Section 1722 (b).
That the cable company is the call company for the service company and the cable company, the cable company (for example, to let the tech into your home or back yard), the cable company must honor your request that the appointment occurs within a fixed 4-hour period, and to work it.
According to the law, "for the service connection or repair is not commensed within the specified four-hour period, except for the delays caused by unforeseen or unavoidable occurrences beyond the control of the company, the subscriber may bring an action in small claims court against The company for lost wages, expenses actually incurred or other actual damages not exceeding a total of six hundred dollars ($ 600).
The cable operator has to start the repairs within the specified 4-hour window, but you have the duty to be home during that real a that is a two-way street. 4-hour period.
If so can not have aforeseen or unavoidable occurrences did happen, and they made a legitimate effort to let you know. If so, then they do not owe you any money. the larger the cable operator & # 39; s technical staff, the less likely they will have convicting a judge that whatever happened was really unforeseeable or unavoidable.
And the government pursesues the cable operator on your behalf, and the government franchisor (either the local City or County, or the California PUC, depending on your cable operator has a local or state franchise) Most times, you & # 39; ll get a much greater recovery by going to small claims court.
The same law makes that type of contract provision unenforceable, even if you signed the agreement.
So, how do you get the benefits of Civil Code Section 1722 (b)?
Also, I will not get asked for the appointment. Also, it is a request for a appointment. the appointment.
That is your job under the law if you want to have a chance of collecting for a missed appointment!
Again, get the name of the CSR, and the name of the CSR, and the name of the missed appointment. Under the law, the cable operator has to offer you a new 2-hour window appointment (yes, 2 hours the second time around).
Request that the cable operator compensate you under the terms of Civil Code Section 1722 (b) for 4- Expect to be told, thanks, but no thanks by the cable operator. As for a manager of fax number so you can fax in a letter.
Fifth, write a letter to the cable operator explaining what happened (they missed the call without an excuse), and to compensate for your lost wages and expenses as required in Civil Code Section 1722 (b). Give the exact dollar amount in Tell the cable operator that if you do not hear from within a reasonable time (say, 10 or 14 days), that you will will file a small claim action to recover under the law Fax the letter, and mail a copy via snail - mail.
Each county in California has a small claims adviser that can help you through the likelihood that you have requested, then go ahead and file your small claims action. You will pay for part of your damages, and you will request the judge order the cable company to reimburs you for those fees, too.
You can read a defect analysis of the law at the TelecomLawFirm.com website.
And to prove that I practice what I preach, know that I & # 39; ve used the law three times I was even interviewed once by consumer reporter Alan Mendelson on KCAL - 9 TV in Los Angeles explaining how an average person can use the powerful tools given by Civil Code Section 1722 (b).
Check with an attorney. This article, written by a telecommunications attorney licensed in California, is not intended to offer specific legal guidance in any particular matter, or to form an attorney-client relationship. Rather, it is intended to provide general guidance. for specific guidance in your legal matter. Copyright 2008 Jonathan Kramer, Esq.
