Virtually Speaking

Dan Kusnetzky, Paula Rooney and Ken Hess

Outrageous Comcast customer agreement - finding a contact

By | April 2, 2009, 3:00am PDT

Summary: I believe that the wording of Comcast’s revised customer services agreement is way too broad and, if allowed to stand, would allow Comcast to demand entry into to a subscriber’s home and to tmodify the subscriber’s computer systems, change or update the software on those systems and add or remove “functionality” found on those systems.

As I mentioned in the post Outrageous Comcast updates to customer agreement - all your systems belong to us, Comcast has revised its residential customer services agreement and imposed those revisions on subscribers. Here’s a pointer to the revised customer services agreement for those of the legal persuasion.

I believe that the wording of Comcast’s revised customer services agreement is way too broad and, if allowed to stand, would allow Comcast to demand entry into to a subscriber’s home and to modify the subscriber’s computer systems, change or update the software on those systems and add or remove “functionality” found on those systems.

Yesterday, Jason, a Comcast customer services representative here in the Suncoast of Florida, provided an 800 number to what he described as Comcast’s legal department.  It’s clear that the number was meant to serve the needs of law enforcement or emergency response teams. It really wasn’t at all useful to get Comcast’s take on the the wording of the update they are imposing on uses.

Today, I’ve tried to contact Comcast’s PR and AR team to see if they can help me speak with a representative to explain their view of the update they’ve imposed upon subscribers. I’ll let you know more if/when they respond.

11 AM Update

Early this morning, I went spelunking in the deep cave that the Comcast corporate website resembles and game up with an Email address for corporate communications.  I sent in message laying out my concerns and asked someone to get back with me.  They must not read that Email inbox very often.

So, at 11 AM, I put on my helmet and other spelunking gear and went back to the cave. I found a telephone number for Kate Noel, Senior Manager Corporate Communications.  I’ve left a message in her voicemail.

I’ll let you know if/when anyone responds.

You know, it might be fun to get Verizon’s take on on this.

1 PM Update

Kate Noel is very responsive!  She got right back with me.  Unfortunately, she has a meeting scheduled this afternoon and introduced me to one of her colleagues.  I hope to schedule a time to chat later on this afternoon or tomorrow some time.

Several of you out there suggested linking up with Comcast via Twitter.  Thanks for the idea.  I’ll fall back on that approach if I’m not able to speak with someone from Comcast shortly.

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Daniel Kusnetzky is a distinguished analyst and the founder of the Kusnetzky Group LLC.

Disclosure

Dan Kusnetzky

The Kusnetzky Group LLC is an independent technology industry research firm that focuses on system software, virtualization and cloud computing technology.

Dan's opinions are based upon research, personal experiences and actual use of technology. They are not based upon the relationships the company may or may not have with suppliers, end user organizations, the media, consultants or other analysts.

Dan's research is available on a subscription basis through the Kusnetzky Group LLC. Dan's attendance at industry events or at client meetings may be sponsored by the client. Clients may provide hardware or software for testing prior to the publication of analysis that includes that product. Clients may also provide shirts, jackets, coffee cups, folders, backpacks, pens and other event chotchkies. While nice, these don't effect Dan's opinions or insight about those clients or their products.

Biography

Dan Kusnetzky

Daniel Kusnetzky, Analyst and Founder of Kusnetzky Group LLC, is responsible for research, publications, and operations. Mr. Kusnetzky has been involved with information technology since the late 1970s. Mr. Kusnetzky has been responsible for research operations at the 451 Group; corporate and marketing strategy for Open-Xchange; system software and virtualization research at IDC; and program and product management at Digital Equipment Corporation.; Today, Mr. Kusnetzky focuses on system software, virtualization technology and cloud computing.

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Contributr
Read the section on "consumer devices"
dkusnetzky 6th Apr 2009
Comcast broadly defines user owned devices in such a way as to include any device that attaches to its network. That means your PC as well as your DVR or cable box.

They assert the right to add hardware or software to Comcast owned or consumer owned devices that attach to their network.

Dan K
0 Votes
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They can demand entry all they want
Michael Kelly 2nd Apr 2009
They're not going to get it. And if they threaten to turn off my service? Fine, that's their loss.

Those tactics only work in a monopoly system. Fortunately for most of Comcast's subscriber area that's not the case. Unfortunately, there probably are a few Comcast subscribers that do not have a good alternative. But those of us who do have the power to negotiate should make our feelings clear.
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You'll never hear back from them
JT82 Updated - 2nd Apr 2009
unless you sent them numerous certified letters. I sent Comcast a few certified letters back in October when they launched the 250GB restriction - and I even got a call saying I'd be in touch with a legal representative, but that failed to ever materialize. Comcast will not even begin to respond unless you go to the courthouse and file suit.

You generally cant talk to anyone at that 800 number (Found at security.comcast.net) unless its around 3-4PM EST, and even then use option 1 - any other option will not work - you'll just get a VM box and never get a call back. If anyone is interested here's the information:

Comcast High Speed Internet
650 Centerton Road
Moorestown, NJ 08057

Normal business hours (M-F, 8:30 am to 5:00 pm EST)
856-317-7272 Option 1

I just hope that provision is NOT in the Commerical Terms of Service (which are seperately negotiated) - because if it is - it will be promptly removed. Screw the residential side - for the same price I can get a better internet (from the same company oddly enough), just without the BS.
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Contributr
Thanks for the pointer
dkusnetzky 2nd Apr 2009
I guess that if they don't respond, I'll continue to comment here on what I learn from others...

Dan K
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Contributr
As you can see, Comcast did respond
dkusnetzky 6th Apr 2009
Although the deep dive in Comcast's Website was difficult, I did come up with contacts.

Once I was able to speak with Comcast's representative, he was friendly, responsive and sidestepped the issue as was expected.

Dan K
Comcast has a branch of service I believe is called "Executive Customer Service". Find them and you stand a chance of actually getting something done. Try calling the main headquarters in Cherry Hill, NJ where they are located and asking for them.
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Not NJ. If you call 1800COMCAST; and ask for the Executive relations office - they'll give it to you.
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If you don't like the terms
Yagotta B. Kidding 2nd Apr 2009
don't use the service. Take your business elsewhere.
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What if you don't have any choice
phleroy Updated - 2nd Apr 2009
I havn't had any choice for years but to use Comcast. Or watch antenna TV. Not only these outrages terms are imposed on customers, but since a couple of years Comcast has been removing channels from your service without telling you. You just discover one day that a channel is now just showing snow instead of the program. You call them and they kinda smurk and tell you "Oh yes you now need a Comcast Box to receive that channel now. You get one free, but for all your other TV's you now have to pay for a box" I have lost channels like AMC, CMT and several other channels including EspnNews. However channels you are not interested in they impose on you like when MASN got to put the Washington DC Baseball team on, which I am not interested in at all but had to pay the additional charge. I live in Baltimore, it's bad enough I have to watch the Orioles!
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Same with Charter...
techboy_z 2nd Apr 2009
"...but since a couple of years Comcast has been removing channels from your service without telling you. You just discover one day that a channel is now just showing snow instead of the program."

Same with Charter. The "expanded basic" isn't so expanded anymore. They don't even give you a program listing channel anymore on their analog service -- you need a digital plan and settop box to get a listing channel! Now THERE's customer service -- talk about marketing your product poorly -- do they not want people to be watching TV? Not letting them know what's on and when seems like a great way to turn the customer off from TV altogether...and have them move onto internet-based entertainment or go read a book.

The other scam...Charter has "promotional pricing deals" available, but only for digital plans. Digital "expanded basic" has more channels, but costs less, than analog "expanded basic". HUH??? I didn't want digital for various reasons. But I realized, I could sign up for the cheaper digital plan, and just stay connected via the analog cable, direct from wall to TV, and pay less.

Charter is now going bankrupt. Wonder why??? TERRIBLE business plans and TERRIBLE customer service!!! Both of the above are prime examples, IMO.
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Read the Whole TOS - Draconian!
ccpeters 2nd Apr 2009
I looked at the provisions noted in the article here, but I also waded thru the rest of it with an eye on their HSI services in particular. Now I can sit here and say how 'Draconian' these provisions are, in particular the Authorization and Eavesdropping clauses under additional HSI provisions, but why do I have a feeling that AT&T's TOS are fairly similiar? Probably the same goes for all the other large broadband providers around the country. Clauses that allow them to do whatever they want, whenever they want, with anything and everything that goes across their lines. Now many of these provisions are clearly "We're not liable for you being stupid!" clauses and make sense given the proclivity of frivolous lawsuits out there. A great many of these, however, are clearly designed with the Homeland Security department and the RIAA in mind. It's to the point now where the question is, "Who do we trust anymore?"
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Good reason to keep separation...
techboy_z 2nd Apr 2009
IMO, a good reason to keep one's TV entertainment separate from one's internet service. By that, I mean, have *analog* cable -- no box collecting and sending back data on my viewing...and no chance of probing my computer by the TV/cable service. Separation of interests often results in better customer service focus and less onerous terms of service.
Sorry, I didnt' read the whole TOS, but, I have to assume that the quoted section you put in your blog was the important part.

Nowhere does it say that they have the right to change or add hardware to your equipment. Also, nowhere does it say they have the right to demand physical access to your equipment.

I'm not saying I like the provisions that say they get to put software updates without my consent (if MS did this, there would be lawsuits), but, while it is overly broad, there are specific limits to updates to the software involved in providing COMCAST services.

They could lock it down better to say that they would only remove "features" that were part of COMCAST services. But, really, this is not as bad as you make it out to be.
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Contributr
Read the section on "consumer devices"
dkusnetzky 6th Apr 2009
Comcast broadly defines user owned devices in such a way as to include any device that attaches to its network. That means your PC as well as your DVR or cable box.

They assert the right to add hardware or software to Comcast owned or consumer owned devices that attach to their network.

Dan K
0 Votes
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Let's bring back the 4 "T"s!
kd5auq 2nd Apr 2009
Let's get back to basics with no TOS

Telegraph
Telephone
Television
Tellawoman

Oops, the last one has real teeth in the TOS!

wink
This is ridiculous...I plan on jumping ship as soon as an alternative shows up.. hopefully Verizon starts laying fiber in my area soon.
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You can always refuse entry into your home. They still need a court order to get the equipment. However, they can still go ahead and disconnect your service for refusing to be let in and charge you for it. You can let them in, but just keep an eye on them and ask what are they doing. You can also ask them to leave at anytime.
Perhaps your city/town gives comcast an agreement for use of phone poles, right of way and the like. A consession agreement. So try to find out about the agreement and then try to see if your city commissioners have an idea of how to restrict the abuses to you and your neighbors

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