QUESTION
Is the company guilty of abuse of consumer rights and credit collection?
Asked on Aug 11th, 2015 on Litigation - Alabama
More details to this question:
I signed a service agreement with Comcast 8/13/13 for their double play plan for 12 months at $59.99 plus tax/fees and my monthly total came up to $72.49 and I was paying this up to June 2014. I called Comcast in June 2014 as I was going for an extended summer trip and asked them for a 3-month vacation plan and the representative I spoke with told me it will cost me $108.43 for the 3 months I will be gone and I paid this amount right away. I was shock when I got back from my vacation that Comcast did not only continue charging me monthly fees while I was away but they had increase my charges to $108.93 plus tax/fees and backdate the new charges from the date I called to get the vacation package. I call Comcast and they told me, sorry they do not have any vacation plan and they don't understand why I was told there was any. They told me, the increased charges is effective since June 2014 that I asked for the vacation plan and that it’s going to remain so. Comcast refused to adjust the charges or credit my account. The only thing they did was to offer me an alternative plan from September 2014 and they canceled my plan in November 2014 when I refused to pay for the additional charges on my account during my vacation. Now they have handed my account to a collection agency and they are threatening to report it to my credit report. They are asking me to pay $135.88 in addition to the $108.43 I paid during my vacation.
5 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Well, you could wait for them to sue you and then counter-sue, but is it worth it?
Answered on Aug 12th, 2015 at 8:40 AM
Ronald A. Steinberg
Go to the state department that controls the utilities, and complain.
Answered on Aug 11th, 2015 at 8:05 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
It's not only Consumer law which governs here, but also the general law of contract. Generally, a company can be held to the promises made by its employees if they appear to be speaking for the company. That is your situation, but from your question I gather there is no written record to rely on. This makes proof very difficult and renders starting a small claims action probably a waste of your time. You can complain to your state's public utilities commission, or whatever other agency regulates this kind of service. It might even help you with the claim they have against you maybe. But it seems not to be worth making a 'federal case' over. Chalk it up to experience and follow up any future oral agreements with a written confirmation.
Answered on Aug 11th, 2015 at 6:00 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
Since they tape record all calls for "quality control" demand a copy of the audio file of the conversation you claim contains the explanation of the 'vacation plan'. Cox cable offers a hiatus plan for snowbirds.
Answered on Aug 11th, 2015 at 5:29 PM
James Eugene Hasser
Possibly, but it sounds like you're going to have to have the Small Claims judge make that decision. Take your paperwork and your story down there to court with you and see what he or she says. Good luck.
Answered on Aug 11th, 2015 at 4:51 PM