QUESTION
Can a small business owner sue Comcast for breach of contract if they cannot provide response for months?
Asked on Dec 07th, 2012 on Entertainment Law - New York
More details to this question:
As a motel owner, we have had serious issues ever since Comcast installed their new receivers at our properties. I was able to terminate my contract at one property. The other contract remains. It is a complete liability for my business since our front desk staff have to go to the rooms to show guests how to use the receivers. Other hotels throughout the USA were able to get out of their contracts. This was 2 years ago. For the past 3 months, I have been trying to remove my HBO subscription to no avail. I have written 2 certified letters, faxed the same letters, and have been waiting for 2 weeks from their legal department on the status of removing HBO. I have yet to hear from them. Is this a breach of contract for services not being rendered? I have spent countless hours on hold, faxing, and mailing letters to them without any response from them whatsoever. Please help.
12 ANSWERS
Susan Marie Basko
This question sounds like you need to pay a lawyer to work with you on this. No lawyer can look at your complicated set of specific facts and give you an answer in an internet forum.
Answered on Apr 24th, 2013 at 2:22 AM
Ronald A. Steinberg
Have your lawyer review the contract, because these people usually insulate themselves. Maybe a lawsuit is needed, but sometimes you can hurt them worse by going to social media.
Answered on Dec 10th, 2012 at 2:16 PM
Daniel P. Mitchell
It depends on how the contract is written. Many times, companies will draw contracts in such a way that they are not terminable even if the company does not fulfill its obligations under the contract, or so as to limit its liability in those situations.
Answered on Dec 10th, 2012 at 2:11 PM
Most attorneys, myself included, would want to see the contract for the terms in order to respond to the question. If Comcast has breached some term of the contract, yes your business can sue them.
Answered on Dec 10th, 2012 at 12:08 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The question is a simple one and you are making it hard. Is Comcast doing what it agreed to do? If not that is a breach of contract and you can get out. They are playing dilly dally with you and you are letting them. if they are doing what they agreed to do you are stuck.
Answered on Dec 09th, 2012 at 10:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It does sound indeed like you had a breach of contract, or at least a failure to perform which may allow you to cancel the contract or even claim damages. Engage an attorney.
Answered on Dec 09th, 2012 at 9:06 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on what is in the contract. For example, if the contract provides that you are to be able to ad and remove features at your request, then it probably is. If the contract does not say they have to respond to requests to add or remove features, it may not be a breach of contract, just bad customer service.
Answered on Dec 09th, 2012 at 8:39 PM
Theodore M. Roe
Comcast has most likely breached their contract, however, I would have to see it to be sure. Additionally, if memory serves me there is an attorney fee provision in those contracts. This would allow you to recover attorney fees if you prevail.
Answered on Dec 09th, 2012 at 7:14 PM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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There is a possible breach of contract here, but we would need to look at the contracts and other documents with them.
Answered on Dec 09th, 2012 at 6:58 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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I don't know about any lawsuit. Why don't you have the checking person use a remote and show the customer at check in what the trick is to using the remote until your contract runs out?
Answered on Dec 07th, 2012 at 3:39 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are a business owner, hire a business attorney.
Answered on Dec 07th, 2012 at 3:20 PM