Know the drill.
Is called the cable company, because you have to call a facility or a service. The Customer Service Representative can tell you that there will be a week before they can get to you and is waiting at home all day for the technician.
But as fate or bad luck would have it, the show tech did not give up, and you miss a day of absence from work without pay for no good reason ... and you must call this service.
You're crazy. They are reallycrazy.
Call back and another customer service representative a lot of excuses, then offers to give $ 20 of the bill. Then the CSR rescheduled the date for a couple of days later, and you get to plan to stay home a day filled with hope against hope that technology will this time.
There must be a better way to ensure that we get lost if the cable operator is missing a deadline! Well, no.
A relatively small number of expertsCalifornia cable TV subscribers more than a little 'right of publicity. A law that operators of cable TV, who missed an appointment is necessary to compensate for lost wages and expenses up to a maximum of $ 600. And 'California Civil Code Section 1722 (b).
The law says very powerful, essentially, that if you are in a call for service call and cable companies require that you bring home the technician (eg, technology in the yard or house for rent), the company via wireYour request is honored that the orders occurring within a certain period of 4 hours and work with you to determine the date and time that the 4-hour period begins.
According to the law: "If the connection to the services or repairs are not commenced within the set can be four-hour period, except for delays caused by unforeseen or unavoidable events beyond the control of the company that the participant's action small claims court against the company for lost wages, expensesactually incurred or other actual damages not exceeding a total of six hundred U.S. dollars ($ 600). "
But realize that this is a one way street. As a cable subscriber, you have the duty to. The cable operator must begin the repairs within 4 hours in the window, but have a duty to be at home during their entire period of 4 hours.
The cable operator has an "out" if they can demonstrate that unforeseen or unavoidable events that had happened, and made a legitimate effort to let you know.If so, then they are not, you have no money. However, the largest cable operator's technical staff, the less likely to be convincing that a judge, what happened was really unforeseeable or unavoidable.
Even if (a complaint with the franchise cable television, both from the local city or county in California and the PUC, depending on whether your cable operator is a state or local franchise) - and the government 's cable operator followed by your name, the doors toCourt buildings are proposed in the face. In most cases you will receive a much better recovery of small claims court.
By the way, if the contract is entered with the cable operator says that they have the right to present a lawsuit for missed appointments, do not worry. The same law does not prohibit this type of contract provision enforceable, even if you have signed the agreement.
Then, as the benefits of Civil Code § 1722 (b)?
First, if you call inrequest an appointment, ask for an appointment window for 4 hours. Make sure that you receive, and write the name of CSR, the creation of appointment. Log date and time so the call to request the appointment.
Secondly, to ensure that you are at home all the time, while the 4 hours window. This is your responsibility under the law is, if you want to be able to meet for a wasted opportunity!
Third, if the 4 hours of operation, and no one has shown, and have not received a phone call by cable operators, and call the cable company and inform them of the missed appointment. Even by the name of CSR, and records the date and time you call in. By law, the cable operator, is (a 2 new agreement window now, yes) 2 hours the second time.
Fourth, you call the cable operator and ask to speak with a manager. You know the drill: Get the name and record the date and time. Request that you pay the cable operator under> Civil Code § 1722 (b) for 4 hours of your absence from work, and all costs incurred. Know what the figures are in U.S. dollars before calling. Expect to say thanks but no thanks by the cable operator. How does a manager to fax to fax number is possible in a letter.
Fifth, write a letter to the cable operator to explain what has happened (lost call), without apology, and ask for lost wages and expenses, as offset by Civil Code §1722 (b). Enter the exact amount of the dollar in your letter, and explain how you arrived at this figure. Inform the cable operator, if you say no response from them within a reasonable period of time (there are 10 or 14 days) who are recovering loans small file an action under the law. Fax the letter and e-mail a copy to post.
Sixth, if the cable operators will not contact you, or if you disagree with them to compensate you, as you requested, then go ahead and file your Small Claims action. EachCounty in California has a small claims advisor who can help you through the process. From the way the filing and service fee can be found to bear a share of the deposit, and then the judge will ask the cable company to reimburse for these costs, too.
Now you know what you need most to protect against cable-TV company missed deadlines. You can read more analysis of the law on the website TelecomLawFirm.com.
And to prove that the practice that Ipreach, I know who have used the law three times over the years, surely a full compensation for missed appointments. I was interviewed once also held by the consumer reporter Alan Mendelson of KCAL-9 TV in Los Angeles as an ordinary person can be powerful tools for certain uses Civil Code § 1722 (b).
Note: This article was written by a lawyer licensed telecommunications in California is not intended to offer specific legal guidance on a particular matter or a formAttorney-client relationship. Rather it is intended to provide general guidance. Check with a lawyer for specific legal in your area. Copyright 2008 Jonathan Kramer, Esq.
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