...to make it out to your house today.
But to show you just how much we value 4 hours out of your life, we'll knock twenty bucks off your next cable bill.'
California Civil Code Section 1722(b) protects California cable TV subscribers by requiring that a cable operator tell the subscriber he or she is entitled to a 4-hour window appointment should the subscriber need to be home for a service call.
In most cases where the cable operator misses that appointment without a valid excuse, the subscriber is entitled to monetary compensation, up to $600.00.
| Here is what the California Civil Code Section 1722(b) says: | This is what this section means to you as a cable subscriber: |
| (b)(1) Cable television companies shall inform their subscribers of their right to service connection or repair within a four-hour period, if the presence of the subscriber is required, by offering the four-hour period at the time the subscriber calls for service connection or repair. Whenever a subscriber contracts with a cable television company for a service connection or repair which is to take place at a later date, and the parties have agreed that the presence of the subscriber is required, the cable company and the subscriber shall agree, prior to the date of service connection or repair, on the time for the commencement of the four-hour period for the service connection or repair. | The cable operator's representative MUST tell you that you have a right to have a service connection or repair started within a specific 4-hour window if your presence is required to make the connection or repair [for example, if you have to to let the technician into your home, or through a locked gate]. You and the cable operator must agree on the 4-hour window. |
| (2) If the service connection or repair is not commenced within the specified four-hour period, except for 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). | If the cable operator fails to start the connection or repair by the end of the 4-hour window, and they don't have a valid excuse, then you have the right to file a small claims action in your local county court, to be compensated up to $600 for your lost wages, expenses, etc. that you can prove to the court. |
| (3) No action shall be considered valid if the subscriber was not present at the time, within the specified period, that the company attempted to make the service connection or repair or made a diligent attempt to notify the subscriber by telephone or in person of its inability to do so because of unforeseen or unavoidable occurrences beyond its control. If notification is by telephone, the cable television company or its agent shall leave a telephone number for a return telephone call by the subscriber to the company or its agent, to enable the consumer to arrange a new two-hour period for service connection or repair. | Okay, it's only fair...you can't miss your own 4-hour window appointment and then file a claim against the cable operator. You've got to be at home during the time you agreed. If you're not, and they show up ready willing and able to start the job, then you're out of luck...and you should be! Also, if the cable operator does experience a truly unforeseen or unavoidable occurrence beyond the control of the company, then they STILL have to make a diligent attempt to let you know in person or by phone that they're not going to show up to start the connection or repair, and to offer you a new 2-hour window appointment. It's NOT enough to call you and say, "Sorry, buster, but we're too busy today...call back tomorrow and we'll set up another appointment." |
| (4) In any small claims action, logs and other business records maintained by the company or its agents in the ordinary course of business shall be prima facie evidence of the time period specified for the commencement of the service connection or repair and the time that the company or its agents attempted to make the service connection or repair, or of a diligent attempt by the company to notify the subscriber in person or by telephone of a delay caused by unforeseen or unavoidable occurrences. | If you sue a cable operator for missing a 4-hour appointment with you, they can bring their normal business records into court to show the court the time the window began, or to show that they tried to reach you by phone and couldn't (or that they left a message on your voice mail). Be aware, however, that the rules of evidence still apply in Small Claims Court. The burden is on the cable operator to persuade the judge that the business record is credible. That process is called 'laying the foundation.' The judge will (well, at least should) ask the cable operator a lot of questions about the business record, whether it be a computer print out or a hand written note. |
| (5) It shall be a defense to the action if a diligent attempt was made to notify the subscriber of a delay caused by unforeseen or unavoidable occurrences beyond the control of the company or its agents, or the company or its agents were unable to notify the subscriber because of the subscriber's absence or unavailability during the four-hour period, and, in either instance, the cable television company commenced service or repairs within a newly agreed upon two-hour period. | You WILL NOT be able to win a small claims action against the cable operator for missing the first 4-hour window appointment if:
BUT, even if either of the circumstances above occurs, if the cable operator doesn't agree to a new 2-hour window AND start the work within that 2-hour window, you are likely to win the small claims lawsuit and recover money damages from the cable operator. |
| (6) No action shall be considered valid against a cable television company pursuant to this section when the franchise or any local ordinance provides the subscriber with a remedy for a delay in commencement of a service connection or repair and the subscriber has elected to pursue that remedy. If a subscriber elects to pursue his or her remedies against a cable television company under this section, the franchising or state or local licensing authority shall be barred from imposing any fine, penalty, or other sanction against the company, arising out of the same incident. | Sometimes a local city or county law or regulation will provide for penalties against the cable operator for missing appointments with their customers. If you apply to the local government to penalize the cable operator under the local law, you can't then win a case against the cable operator in small claims court for the same missed appointment. You're not allowed to 'double dip' or twice-punish the cable operator for missing the appointment. So, before you file a complaint with your local government about the cable company missing the appointment, remember that you may be closing the door to the courthouse. |
In additional to the cable-specific rules in subsection (b) of Civ. Code Sect. 1722, subsection (d) also applies. |
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California Civil Code Section 1722(d) says: |
This is what it means to you as a cable subscriber: |
| (d) Any provision of a delivery, service, or repair contract in which the consumer or subscriber agrees to modify or waive any of the rights afforded by this section is void as contrary to public policy. | The cable operator can't sneak in a provision into the dense-text of the service agreement that says something like, 'Customer waives his or her rights under Civ. Code Sect. 1722(b).' Even if the cable operator puts it into the service agreement, the court will not enforce that provision against you. That' a good thing...if you're a cable subscriber! |
