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November 23, 2009 5:31 PM

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Didn't I see this on Judge Judy? Oh yeah, I did. Small claims court against the old roommate.

You won't see me type this much, but it has to happen every now and then: \"Comcast is not at fault here.\" Not their problem that you sublet the Comcast account.

Now that I think about it, it's most likely against Comcast's ToS. Doubly so if you have a cable modem. I don't agree with that, but the simple fact of the matter is it is in your name.

I've had apartment bills stuck in my name way too many times...

Sorry I had to blame the OP here, but it sure looks like that's where the fault lies.

18 replies

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mmmsoap

November 25, 2009 9:58 AM

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I'm with you that, had he ordered the cable box, he'd be responsible for it being missing. However since he didn't give authorization to edit the account, how is it \"not Comcast's fault\" that they added extra services without his okay?

The only way I can see Comcast avoiding blame is some kind of \"you gave us default okay if you didn't complain for XXX days about the charge\" clause.

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November 23, 2009 5:32 PM

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@RevRagnarok: 1) Room-mate's fault for ordering cable box w/out consent of OP.
2) Comcast's fault for not verifying identity.
3) OP's fault for not noticing the extra charges

Once OP didn't dispute the extra charges for some reasonable length of time, Comcast is off the hook. He's out the 6 bucks a month - sorry. And he's liable for the cable box.

That said, OP needs to send ex-roommate a demand letter, certified mail, return receipt. Demand ex-roommate send OP reimbursement for the missing-cable-box fee, plus the monthly fee for the extra cable box. Give her a deadline. When she doesn't pay up, small claims court is the only recourse (unless you can get her to a mediator).

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November 23, 2009 5:32 PM

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@RevRagnarok: comcast is absolutely at fault. they shouldnt send out stuff to people not in contract with them. whats your name? i could use a new dvr. ill just tell them your moving.

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Corydon

November 23, 2009 5:32 PM

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@JohnDeere: comcast is absolutely at fault. they shouldnt send out stuff to people not in contract with them.

This is absolutely correct. Comcast reps (and I used to be one) are trained to make sure they are speaking with the account holder before upgrading services like this.

That being said, the way they verify who they're speaking to is to double-check information contained on the account. So they'll ask for names, phone numbers, security codes, etc. If the roommate was a bit of a con artist (and it sounds like she was) then she could have easily found the information she needed around the house and posed as a wife or whatever to get what she wanted.

It would be nice if Comcast could waive the $300 fee for the box (which would merit an \"above and beyond\" IMO). I don't see any way to legitimately get out of the rental charges though. Check with escalations. They ought to be able to see just how the box got on the account in the first place from the notes in the billing system.

And if the roommate is not returning calls and generally being a class-A shady bitch, then I don't really see any other choice but to take her to small claims court. She is, after all, the root of the problem here, not Comcast.

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mizike

November 23, 2009 5:32 PM

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@RevRagnarok: Two things here:
1) As others have pointed out, Comcast better have a decent explanation as to why they issed a cable box to some random unauthorized caller and are attempting to collect from the OP. If this woman talked them into ignoring all of their identity procedures, then the mistake is at least partially on them (he's still partially at fault for letting a year go by without bringing it up).

2) I hate to say it, but small claims court likely isn't worth the hassle for $300. You're looking at two days lost wages (one day off for the trial, another to file the forms and effect personal service on the defendant) and even if you're 100% successful you're not that much better off as you've still got to try and collect your $300 from a known deadbeat.

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November 23, 2009 5:32 PM

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@mizike: It's not worth the $300, but it is worth it on principle. Thieves should not be rewarded for their behavior with complacency, and wouldn't a judgment go on her credit report or something? Maybe she won't pay now, but when she's 30 and wants to buy a house she might feel differently.

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RayonFog

November 23, 2009 5:32 PM

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The OP was pretty clear that they didn't authorize the additional box or any other changes to the account. I don't know how it is in Seattle, but I own the building in LA where my business is located, and I rent out 3 suites to my colleagues. The bills are all in my name. Even though we are all at the same address, not one of my utility providers will allow anyone but me to make changes to my accounts. It's even a hassle because sometimes I want one of my colleagues to be able to call in and discuss our service, but they will only speak with me unless I specifically add my colleagues to the account.

I'm not saying Comcast is completely at fault, but I certainly don't think they should be blameless when they were the ones who sent the box without the account holders permission. Problem is, by paying the monthly fee for so long, OP was giving Comcast his tacit approval, so he's SOL, unfortunately.

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November 23, 2009 5:31 PM

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@RevRagnarok: If they all live at the same address, it's probably within Comcast's ToS since they are a household as a group. That said, I don't see that there's much recourse against Comcast, since as the account holder you promise you'll be responsible for the equipment on your account and pay the bills. EvilFormerRoommate defrauded both the OP and Comcast and it seems like hunting her down is the best chance the OP has of not paying the $300.

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November 23, 2009 5:32 PM

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@RevRagnarok: The OP says that he didn't authorize the former roommate to make changes to the account. If that's the case, then isn't Comcast at fault for releasing the second cable-box without his consent?

I have to jump through hoops just to ask technical questions. Getting changes made to my account is doubly difficult. If it's this tough to do when the account is in your own name, then it stands to reason that it should be even more difficult to do for someone who isn't authorized to do it at all. And yet according to the OP, his former roommate was able to get Comcast to make changes to his service in spite of not being authorized to do so. If that's true, then how is it not Comcast's fault?

Also, I think you misspoke when you said that the OP was at fault. While I still wouldn't agree, I think you'd have been more correct to say that the missing cable-box is the OP's responsibility. He's not at fault. If anyone is, it's his thieving former roommate, and Comcast for letting her get away with it in spite of not being authorized to make changes to his account.

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zacox

November 23, 2009 5:31 PM

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@GearheadGeek: And I thought that cable companies were adding extra security measures like Q&A's and additional passwords in order to prevent this kind of fraud.

Seems to me that Comcast should have made a better attempt at finding out who was adding equipment and what authorization she had.

Were this to be one fluid act (ordered the box 2 days before skipping town), Comcast would be left holding the bag here, and not the OP. But because there were seven months between the time she ordered the box and skipped town with it, the OP shares some responsibility.

If I were a judge deciding this case, I would rule thus:

Comcast and the OP each have 50% responsibility.

Comcast should have denied the authorization for a new box since the account was not in EvilFormerRoommate's name.

The OP should have watched his bills more closely and determined that there was an extra box.

Comcast should refund the first month of box fees as well as every month since the OP brought it to their attention.

Comcast should waive $150 of the $300 box fee.

The OP should not seek a refund of the middle x months of box fees, and he should pay Comcast $150.

Case closed.

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Dimitrii

November 23, 2009 5:32 PM

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@zacox: @tonberryqueen:

I got a call out of the blue a couple of months ago from Comcast. The rep apologized for us being cut off and wanted to finalize my order. I explained that I had no idea what she was talking about. Apparently someone had called and was making a change to my service. She said that they said they were me and provided my last 4 of my SSN. When they were cut off she called back the number on file and got me.

She wanted my SSN as verification. I refused and asked for her extension, as I was going to call the main number to make sure I wasn't being scammed. She was legit, but wouldn't tell me any details of the false order.

We established a security code and I haven't seen any fraud on my credit reports. But it is scary.

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November 23, 2009 5:31 PM

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@RevRagnarok: Since the Comcast bill is in Dave's name, his roommate should not have been able to make changes to the account, such as adding a box, without Dave's explicit permission. That is why it's fraud, and why it's not Dave's responsibility. It's as if you had a roommate who decided to help themselves to your ATM card. The fact they were able to get away with it doesn't make it your fault.

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friday3

November 27, 2009 3:41 PM

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It also doe snot make it the banks fault. YOU are responsible for things that are in your name including your ATM. If the roommate cleaned out your account, they should not be held liable. YOU left the ATM and agreed to share your residence with her. Your bad judgement should not be Comcasts problem

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November 23, 2009 5:32 PM

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@ChuckECheese: I don't know about you guys, but my Comcast account isn't exactly Fort Knox. Anyone with the last four of my SSN and my birthdate can make whatever changes they want, and that information could easily be found by someone who lives in my household.

Also, she may have just asked a repair tech for a box when they were out. I've never had my identity questioned by anyone from Comcast who was actually at my house.

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Trai_Dep

November 23, 2009 5:32 PM

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@ChuckECheese: Precisely.
This would be as though a roommate swiped one of Dave's credit cards, then she called for cash advances using her name, then the credit card company tried making Dave pay up. (Tweaked your example since Dave didn't give his roommate his PIN :))
More precisely, the roommate stole from Comcast, since she got it from them under false pretenses. They should have dug deeper, but didn't bother, tempted by that sweet, sweet, $6/mo charge.

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November 23, 2009 5:31 PM

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@ChuckECheese: Never never never. How many times do people have to state to NEVER put any company's bills on auto-pay?

Get them to send you the invoice so you can have a look at it first! Then YOU can choose how much/if/when you pay.

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November 24, 2009 5:02 PM

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But calling them and saying \"Hey, I'm not paying for this extra box\" when they are saying \"Sorry, but it's on your account, so you need to pay for it\" doesn't mean you don't have to pay for it, it just means they are going to eventually send you to collections.

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goodpete

November 23, 2009 5:31 PM

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@RevRagnarok: My thoughts exactly. Sure, Comcast should never have let the roommate modify the account. Also, it might be the right thing for Comcast to return the money to the OP and pursue the roommate through the legal system for the cash. Judge Judy would approve.

Anyway, what the OP should do is start the process to file a claim in small claims court. If the OP wins, the roommate will almost certainly have to pay the 300 bucks. And if the judge is feeling generous, they might throw in the monthly charges and possibly some extra for the trouble the roommate caused by fraudulently modifying the account.

So once the paperwork starts moving, the OP can go to the roommate and offer to settle out of court by having the roommate return the box and pay the monthly charges. It will be cheaper for both of them because no one has to pay the 300 bucks.

Anyway, that's what I'd do.

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November 23, 2009 5:31 PM

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@RevRagnarok: I don't know about Comcast, but Time Warner Cable makes contracts with individuals, not households. I don't think a contract with a household is a thing that exists in contract law. Whenever I talk to the phone or cable company, they make sure it is the account holder, not just somebody who happens to live at the same address.

Comcast went and made a deal with somebody who is not Dave, and decided to stick Dave with the bill. That's not cool. I agree that Dave shouldn't have monthly bills refunded, because dude Dave, you're right, you really should look at your bills, and paying a bill is tantamount to agreeing it was correct. But Dave never acknowledged receipt of, nor agreed to be responsible for any additional cable boxes, and has received no benefit from Comcast that suggests he should now be paying them. In contract law, both parties must receive some benefit for a contract to be valid, and this includes modifications to contracts as well.

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MrEvil

November 24, 2009 9:26 AM

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Really, Household as the government defines it is married persons and any blood relatives living in the home. Single people co-habitating that are not related does not constitute as a household.

","

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Kimaroo - 100% Pure Natural Kitteh

November 23, 2009 5:31 PM

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OOooh.. That is shady shady.. I'm only a little surprised that Comcast allowed someone unauthorized to add a box to the account. Maybe she posed as \"his wife\" or some such.. but still her name should have to be on the account for her to deal with them.

Also: YAY My kitteh is famous!! Bastien will be so impressed later when I show him.

5 replies

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Trai_Dep

November 23, 2009 5:32 PM

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@Kimaroo - Fortified with Kittydus Purrularis: I just noticed how ginormous he is on Consumerist's main page. Bastien's a s-t-a-r, baybie!

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Kimaroo - 100% Pure Natural Kitteh

November 23, 2009 5:32 PM

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@Trai_Dep: Between this today and my Cracker Barrel post yesterday, I am completely freaking out with how much Consumerist I am a part of!

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Trai_Dep

November 23, 2009 5:32 PM

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@Kimaroo - Fortified with Kittydus Purrularis: My heart broke a little because of that thread. I wrote a delightful send-off imagining what would happen if they tried messing with The Maple in Canada, but it slid off the front page, so none of our Northern Brethren saw or commented on it.
(sob)

Shame that: short of swapping health care systems, I can't imagine anything more likely to break the renowned Canadian Niceness than messing with The Maple.

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Trai_Dep

November 23, 2009 5:32 PM

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@Kimaroo - Fortified with Kittydus Purrularis: Whoo hoo! All hail Saintsa Bastien!
Agree with your prognosis. At first I was thinking the OP didn't track what was on his account but it turns out that he did, yet his roommate sneaked an unauthorized order, and Comcast didn't bother to check it. It's not as though roommates are an unheard of situation, so if Comcast doesn't have policies to ensure intra-home theft doesn't occur, they need them. Either way, it's their fault for giving away equipment without authorization.

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November 23, 2009 5:31 PM

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@Kimaroo - Fortified with Kittydus Purrularis: I think his reaction will be along the lines of:

\"Meh. Wheres my food? And what is alfred doing here?\"

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Kimaroo - 100% Pure Natural Kitteh

November 23, 2009 5:31 PM

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@MostlyHarmless: Now that I'm thinking about it, you are probably right.. *Sigh* You just can't win with them.. unless you have potato sticks.

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November 23, 2009 5:31 PM

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@Kimaroo - Fortified with Kittydus Purrularis: Just don't have \"Noaballayarnis!\"

Of course that could be cured by going to Len's Mill Store. Shepd probably knows where that is.

","

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tonberryqueen

November 23, 2009 5:31 PM

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Comcast doesn't make it hard to modify an account, unless something's changed.

One of my old roommates had our Comcast in her name, and when we wanted to upgrade our cable package and get DVR, she had me call to set it up one day when I was off from work. I didn't even have her cell phone number in front of me, so I couldn't even give them that without ending the call and looking at my phone contacts, but they let me order the modifications, anyway, only knowing our account address and the account holder's name.

...which, in retrospect, is pretty scary.

6 replies

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mmmsoap

November 25, 2009 10:03 AM

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I have Charter, and I used to be annoyed that they ask me for at least 3 account-verification steps, including the last 4 of my social. After hearing this story, I'm pretty glad they go through those hoops. A nefarious roommate/neighbor could certainly get through the name/address portions, but would (in theory) get stopped before doing too much damage.

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Dimitrii

November 23, 2009 5:32 PM

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@tonberryqueen:

I got a call out of the blue a couple of months ago from Comcast. The rep apologized for us being cut off and wanted to finalize my order. I explained that I had no idea what she was talking about. Apparently someone had called and was making a change to my service. She said that they said they were me and provided my last 4 of my SSN. When they were cut off she called back the number on file and got me.

She wanted my SSN as verification. I refused and asked for her extension, as I was going to call the main number to make sure I wasn't being scammed. She was legit, but wouldn't tell me any details of the false order.

We established a security code and I haven't seen any fraud on my credit reports. But it is scary.

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November 23, 2009 5:32 PM

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@tonberryqueen: This is also the case with Verizon. My roommate and I have FiOS, and the service is in my name. We each have a TV, and she wanted to get a DVR for hers. %15.99/month. I didn't want to pay for the DVR, but didn't care if she got one as long as she paid for it.

So she called Verizon. I let her have the account number, but she didn't have any of my other information. They added the DVR to the account and sent it the next day. Now, I did give her permission to do this. And I pay the bill every month online, calculate her share, and she writes me a check. She's honest, so it works in this case. But how could Verizon have known? I was very disturbed that they'd add monthly charges to the account without the express authorization of the account holder.

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November 23, 2009 5:32 PM

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@tailstoo: I would imagine that it might be difficult for Dave to have retrieved the box before his roommate left with it, being that Dave had no idea that the she had ordered a cable box in the first place. :P

If Dave is at fault for anything, it's for letting auto-pay make him complacent. That your bills magically pay themselves without you needing to do anything to make it happen doesn't absolve you of the responsibility you have for looking at them every month. He may not have initially been aware that his shady bitch of a roommate had ordered the cable box, but he should have been as soon as it showed up on his bill, and he would have been had he bothered to look at it.

Dave did own responsibility for this, but in spite of his objection it actually is the point. Well maybe not, but it does have a bearing on the matter at hand just the same. There was a period of several months between when she ordered the cable box and when she moved out, but it never did occur to Dave to look at his bill at any time over the course of those months. In fact it took him another several months after she left for him to come to the conclusion that something wasn't right and to finally check it. In spite of how unimportant Dave seems to think this is, the simple fact of the matter is that had he been more diligent about checking his Comcast bill from month to month he would have caught the additional cable box, and he would have been able to confront his roommate about it before she moved out and took it with her.

Still, Dave's lack of attention to detail aside, I'd like to see Comcast do the right thing here. Sure Comcast may technically be within its rights to demand that Dave pay for the box, but they would also be well-served to keep it in mind that this is only an issue because they allowed an unauthorized party to make a change to his account without seeking his permission. They should call it a wash and write the box off, because pressing the matter may draw attention to just how lax they are when it comes to the security of its customer's accounts. That could be more trouble than the missing cable box is worth.

As for getting a former roommate's contact info before she/he leaves, what's to keep them from lying to you, or from withholding that information altogether? Especially when they have reason to do so, as may be the case in Dave's situation? I can't imagine that a thief would want to give her former roommates the means with which to track her down, especially if she left the house with disputes and unpaid bills. It may not have made a difference even had he thought to ask her for that information.

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gothamguy

November 23, 2009 5:31 PM

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@tonberryqueen:

I understand your point, but honestly, what's the big deal? Unless they are giving out your account info, the worst that would happen is you notice a higher bill the next month and call to rectify it. I highly doubt people are randomly calling and ordering cable packages for people the don't know.

If Comcast were to read off your info to the caller (or allow someone to change the contact info on the account), that would be a different story.

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November 23, 2009 5:32 PM

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@gothamguy: But what if you're on auto-pay, and you don't notice at first? Or even if you do notice, it's already after it's cleared and overdrawn your bank account? No thanks. I'd like Comcast to make it as difficult at possible to charge more money to my account.

","

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tailstoo

November 23, 2009 5:31 PM

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Yep, this isn't Comcast's fault. If Dave was handling the bills, and the roommate left with the box, it's up to Dave to get the box back. It's not really fair to assume that Comcast should eat the cost of the box because the roommate is scum.

Anytime you have a roommate who leaves, you should have their contact info - you never know what skeletons pop up after they're gone.

7 replies

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ARP

November 23, 2009 5:31 PM

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@tailstoo: I agree but I think Comcast shares some of the blame for allowing such easy mods to their account. I can vouch for the ease. My wife called from her cell (not the phone on record), only gave our last name and ordered an upgrade.

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P=mv

November 23, 2009 5:31 PM

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@tailstoo: I would say this is Comcast's fault. The box was ordered without his knowledge and the roommate does not appear to be an authorized user on the account.

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November 23, 2009 5:31 PM

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@AshCatScram: Certainly. Yes, the OP should have paid attention to his bill, but why in the Hell is Comcast allowing an unauthorized person access to modify the account and order another cable box? It's another thing if the roommate ordered a PPV from the box since you don't need verification (though you can add that).

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November 23, 2009 5:31 PM

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@tailstoo: Maybe Comcast shouldn't let people who aren't party to a contract make modifications to a contract? That sounds like a recipe for nullification of a contract.

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November 23, 2009 5:32 PM

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@dreamcatcher2: Most companies are only going to ask for your account number and name, and maybe last 4 of your SSN. I can't tell you how many times I've dealt with Verizon and Directv posing as my mother (and I'm a guy). Without any more details it's impossible to know if this is what his roommate did, but it seems likely. In that event, it was the OP's responsibility to keep his account info more secure in order to prevent this sort of thing from happening.

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November 23, 2009 5:31 PM

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@tailstoo: She's a criminal. It's up to the police to get the box back.

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November 23, 2009 5:32 PM

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@lannister80: Why? Are there donuts in it?

","

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November 23, 2009 5:31 PM

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Unless the roommate was an authorized user on the OP's Comcast account (and I'm guessing not) I don't think that it would be too hard to put some of the blame on Comcast for letting an unauth'd user make changes to the OP's account without his/her permission. It doesn't really say how the former roommate went about getting the box, but surely there are some sort of security precautions in place to prevent this sort of thing?

4 replies

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November 23, 2009 5:31 PM

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@temporaryerror:
Oops... others replied similarly while I was typing...

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November 23, 2009 5:31 PM

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@temporaryerror: It'd be hard to prove that the OP never authorized the addition, especially after paying for it for more than a year. Did he not notice an additional TV or cable box over that entire time? Personal responsibility trumps here, but I'd say that if something fishy is indeed going on, then a police report would be a minimum requirement moving forward.

When I shared cable expenses in the past, I tried multiple times to get repairs to my cable box (which was on my roommates account). I needed the account holder to make the request each and every time (from multiple CSRs at that)...even for this simple box exchange. I can't imagine that they would make fundamental additions to an account based on a request from a random stranger that is not the account holder.

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November 24, 2009 11:20 AM

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But don't they record calls for quality assurance? They can't prove if he authorized it or did not, but if he didn't call, the legal assumption is no.

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November 23, 2009 5:32 PM

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@supercereal: You can't imagine they would...and yet it seems that they did. The OP isn't THAT stupid, this girl was a deadbeat, why would he have put her on the account? People have posted above to say that Comcast DOES allow unauthorized persons make important changes like upgrades, etc.

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November 23, 2009 5:32 PM

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@katstermonster:

The OP isn't THAT stupid, this girl was a deadbeat, why would he have put her on the account?

Apparently he is. If this girl was a deadbeat, when would he have been living with her?

And if this site has taught me anything, it's that people will lie, cheat, steal, any do any underhanded thing possible to absolve them of any personal responsibility. I've just become more skeptical than most when it comes to illogical stories that involve people paying someone else's bills for more than a year \"without noticing.\"

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November 23, 2009 5:32 PM

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@supercereal: But what would have been the point of putting her on the account? It sounds like a short-term roommate situation, he paid the bill and she paid him. It just doesn't add up. And you still haven't refuted my point that Comcast DOES allow non-authorized individuals to make changes.

","

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pecan 3.14159265

November 23, 2009 5:31 PM

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Dave says the old roommate isn't answering his phone calls, but then says that he has no way of contacting her? He should try finding some of her friends on Facebook and Twitter. It may not pan out but at least if she's not answering his phone calls, he can still get to her friends and see if they'll help him out.

What he should do at this point is alert the police because he is the account holder, and she didn't have his authorization to get another cable box, so he can report her to the police for theft. At the very least, they may be able to retrieve the cable box for Dave, and he can return that to Comcast and get the charges refunded.

And he should take his account off auto-pay.

5 replies

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November 23, 2009 5:32 PM

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@pecan 3.14159265: It's entirely possible that he may have tried calling the number he had for her when she was his roommate, and that he has no other way of contacting her besides that.

I admit that it looked funny to me too at first, but it make sense when you consider that possibility. :)

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November 23, 2009 5:31 PM

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@pecan 3.14159265: Parents are always a good bet, too, as weird as that sounds. My friend's boyfriend got in an accident in a parking lot. The other guy admitted fault at the scene, and the police report showed this. However, he disappeared and refused to contact either insurance company, so he was essentially off the hook, unless my friend's BF wanted to go to court to make him pay. Instead, he got the guy's home number and talked to his mom. The guy was in his 20's, but it still worked like a charm!

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November 23, 2009 5:32 PM

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@katstermonster:

Similar thing happened to my co-worker: his car got smashed up in the parking lot, and another co-worker saw it take place and was able to identify the car. however, even with the car identified, there was no way to contact the driver and get insurance information - even the police were unwilling to help, except to give a name. fortunately for my co-worker, I was once a skiptracer, and her last name was not all that common, and she also had an out of state plate. so, i did a quick search and found someone with the same last name in utah. my co-worker called and after some initial confusion, he was able to impart the message that their daughter was involved in a hit and run and would be turned over to the police if the matter was not handled immediately. the mom thanked my co-worker! and 5 minutes later the daughter called with info at the ready. she blamed a friend - a friend that magically works in the same building as you? hmm, OK. he didn't press charges but I would've.

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lilyHaze

November 23, 2009 5:32 PM

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@katstermonster: I think it depends on the parent. There are entirely too many adult children with enabling parents who think their precious babies can do no wrong.

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November 23, 2009 5:32 PM

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@lilyHaze: Scary. But it's always worth a shot. My parents would hunt me down and make me pay.

@kexline: Ouch. That's horrible.

@Cyberxion101: Pecan Pi DID consider that possibility, which is why she suggested OTHER methods of contacting her. Like Facebook, for which you only need the person's name. And hey, she lived with him, so I'd hope he knows her name! Your comment doesn't even make any sense...

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November 23, 2009 5:32 PM

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@katstermonster: Listen, I very well may have misinterpreted his/her post. Simply pointing out that misunderstanding to me would have sufficed. There's no need to be shitty about it, alright? You'll attract more bees with honey than you will with vinegar.

That said, I'm not really sure that I did misinterpret anything here. See, you appear to have assumed that my post was meant to address the suggestions that pecan made to the OP for alternate contact methods, but besides being a pretty big assumption, it's dead wrong. I was just addressing the implied incredulity that I may have mistakenly read into the first sentence of pecan's post, wherein pecan appeared to express confusion as to why the OP could have called his thieving ex-roommate and go on to claim that he has no way of contacting her.

I was initially of the same mind. How do you call someone you have claim to have no way of contacting? However, if you consider that he may have called the phone number he had for her when she lived with him several months ago, and that it's entirely possible that she could have long-since abandoned that number to avoid being confronted for her many alleged transgressions, then it makes sense that he may not have any way of contacting her after all. That's what I was addressing. I had nothing to say about pecan's suggestions for alternate contact methods one way or the other.

Now it's still possible that I may have read something into pecan's post that wasn't there, but at worst that would call for pecan to clarify that misconception for me. It still wouldn't call for you to treat me like an idiot because you assumed that I was talking about something else and couldn't be bothered to seek clarification for what it was that I was really on about.

We're all reasonable people here, so do the civil thing next time and ask me to clarify my point if you don't quite get whatever it is that I'm on about, 'kay? I'll be sure to give you the same courtesy in return. Thanks.

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November 23, 2009 5:32 PM

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@katstermonster: By the way, I hearted both you and pecan in the past. I know that doesn't mean much, but trust me when I say that I'm the last person around here who is going to be likely to mess with you folks for the sake of it. I might not interact with you folks as much as you do with one another, but I do respect you just the same, and I'm not going to be a dick to you, much less for the sake of it. So please give me the benefit of the doubt in the future, okay?

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kexline

November 23, 2009 5:32 PM

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@katstermonster: I seriously thought about writing to Bill Heard Jr.'s mother when we found out that his company hadn't paid insurance premiums in months, leaving my brother's family and hundreds of others with a gap in coverage, and that the man himself had fled the country. Couldn't find any info. :/

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November 23, 2009 5:31 PM

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I don't really see this as Comcast's problem. If I loan you something, and one of your friends steals it, I'm still coming after you. It was in your care.

5 replies

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vbowker

November 23, 2009 5:32 PM

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@friendlynerd: What part of \"got an additional box on her own, without my knowledge or consent\" did you not understand? There was NO loaning involved.

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November 23, 2009 5:32 PM

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@friendlynerd: Reading is fundamental!

Seriously, RTFA my friend. The OP didn't loan her anything. She called Comcast and got them to make an unauthorized change to this account, and it escaped his attention for so long because he seems to be of the impression that auto-pay means that you don't have to bother to look at your bill. So she basically snuck one under him because he's irresponsible, and now he's up shit creek.

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November 23, 2009 5:32 PM

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@friendlynerd: Not really a good analogy. It would be one thing if Dave had ordered the box and then his roommate stole it. This is as if you loaned my friend something, but she gave you my name.

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November 23, 2009 5:31 PM

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@friendlynerd: Mind if I have your name and address so I can order a free cable box on your account?

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RayonFog

November 23, 2009 5:32 PM

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@AirIntake: Exactly. Add to that, \"without your knowledge\".

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November 23, 2009 5:31 PM

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Any merit to filing a police report?

3 replies

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Trai_Dep

November 23, 2009 5:32 PM

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@floraposte: This might be worthwhile, since that way, Dave could refer to it the next time he calls Comcast. And it'll be extremely worthwhile when the inevitable small claims court suit is filed.

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November 23, 2009 5:32 PM

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@Trai_Dep: Right, that's what I'm thinking--not that the police will do a car-chase after the roommate, but that the OP then has something to show to Comcast.

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carlos_the_dwarf

November 23, 2009 5:31 PM

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HAHAHAHA

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November 23, 2009 5:31 PM

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ugh. this is why I live alone. I have had simiar problems in the past and went to small claims court against the former roommate which worked for me - I did eventually get my money back.

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akuma_x

November 23, 2009 5:31 PM

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Not sure about Comcast but I work for another cable company and our policy is report it stolen to the police. Bring copy of police report to local office. Charges for box removed from account.

1 replies

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jaya9581

November 23, 2009 5:32 PM

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@akuma_x: Exactly my thought. I don't blame Comcast for not offering to do anything at this point. What would stop all of us from calling up and claiming the same story?

File a police report, submit it to Comcast. Then it's a theft issue. It's up to the OP whether he wants to deal with that or not.

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tbax929

November 23, 2009 5:31 PM

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I think small claims court is the way to go. I'd sue for the $300 owed to Comcast for the box. I don't see any way in which Comcast is liable, since the OP is the account holder.

I have a password on my Comcast account, that requires me to provide it any time I call to make an account change. If the OP still has roommates, he might want to consider doing this.

1 replies

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kexline

November 23, 2009 5:32 PM

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@tbax929: Comcast allowed an unauthorized change on the account. I don't understand how someone who claims to be a Consumerist reader ends up with a company as sleazy as Comcast on autopay, but really, Comcast was complicit in the initial fraud.

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November 23, 2009 5:31 PM

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Sounds like OP has a small claims case for this and the other issues. Call People's Court!

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LINIS

November 23, 2009 5:31 PM

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This definitely comes down to whether the roommate was authorized to request new equipment on the account. If Comcast gave the box to her without her having proper access, then Comcast should eat the cost. If the OP gave her access to such capabilities on the account, then he should foot the bill.

4 replies

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RayonFog

November 23, 2009 5:32 PM

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@LINIS: Actually I think you're right about this. I had a similar situation recently regarding some 3rd-party billing on my phone bill. I also use auto-pay and didn't catch it for almost three years. The 3rd-party claimed they had proof in the form of a voice recording that I authorized the charges, but they could never provide that proof. A simple online complaint to the FTC was all it took for them to refund the $1300 they owed me in full.

I think the OP needs to tell Comcast to provide proof of who authorized the new box. If they can't provide proof that it was the OP who ordered it, then I'd start filing complaints and police reports. Worked for me.

And BTW, much to my surprise, the FTC was great. I got a personal call back from someone at FTC in DC within 3 days of filing my complaint, and two follow-up calls to make sure the matter was resolved to my satisfaction.

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November 23, 2009 5:32 PM

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@RayonFog: That is absolutely incredible. Rock on.

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November 23, 2009 5:31 PM

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@LINIS: THIS!

The OP definitely should have paid closer attention to his bills, but I wouldn't think the roommate was authorized to order a cable box. That's something Comcast needs to look into.

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November 23, 2009 5:32 PM

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@katstermonster: I agree with you. However, if the OP had paid closer attention to his bills, he may have been able to catch this problem before she moved out with the box.

He may still have been out the cost of the rental up to the point that he caught it, but he wouldn't be up shit creek for $300 for the cost of the missing box either.

That said, the onus should be on Comcast to prove that he either ordered the box himself or authorized her to do it. Barring that, they should just swallow the loss and bone up on their security in the future. I find the idea that any old jerk with a bit of rudimentary information could call and get changes made to my account.

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verdantpine

November 23, 2009 5:31 PM

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While it is unfortunately your account, and ordinarily would be your complete responsibility, I think you should hammer Comcast a little more, reiterating that you never authorized use of another box. If you're put through multiple levels of CSR hell, write a polite, certified letter to the suits at the top. You're alerting them to the fact that it's easy for anyone to scam their CSRs - including people who might default on the company.

I don't know about a police report, I'm thinking small claims. Anyone?

Bottom line - my sympathies for having a crummy roommate. Something similar happened to one of my buddies. You know what worked for her? She called her ex-roommate's mother, and the mother shamed her into making good. You could try that.

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TCama

November 23, 2009 5:31 PM

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Maybe I'm just fishing for ways to blame Comcast, but they probably shouldn't have sent the second box without the OP's consent. I know that giving her the box like that probably wouldn't have been a problem in the majority of situations, but still.

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November 23, 2009 5:31 PM

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The sad thing is I'm pretty sure Comcast can deactivate the box and make it worthless from anywhere, so they will probably get it back anyway.

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November 23, 2009 5:31 PM

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Sorry OP, but unless you can file a police report on the \"theft\" of the cable box, you're SOL.

This is why you check your bills people!

1 replies

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November 23, 2009 5:32 PM

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@theblackdog_FeelingRandom: Sorry, but unless Comcast can prove that either the OP ordered the box, or that he had authorized the former roommate to do so, Comcast is the one who is SOL.

Well maybe not SOL, but they may be eating the cost of the box when all is said and done.

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gothamguy

November 23, 2009 5:31 PM

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My bigger question is: how little attention did he pay to his finances that it took him so long to notice a change in the amount of his bill? If I allowed a company to auto-debit from my account for a bill that could change each month (phone, cable, utilities, etc.) I would be extra-careful to review the charges because the money is gone by the time you find out about any mistake.

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November 23, 2009 5:31 PM

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Yes, he should have paid closer attention this bills. BUT why was his roommate, who I assume was not on the account in any way, shape, or form, able to get Comcast to give her a cable box? I'd say they're a teensy bit liable. My roomie and I have Comcast, my name isn't on the bill, and I'd be REALLY concerned if I could just call up and get them to send ME a cable box.

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shepd

November 23, 2009 5:32 PM

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This is theft. This is how that works:

Step 1: Contact your insurance company to report the theft so they can pay Comcast.
Step 1b: If you don't have insurance, or this isn't covered, you pay Comcast $300.

Step 2: Contact the police and explain the situation to them.

Step 3: File a small claims court case against the former roommate.

Step 4: Receive default judgement when the former roommate doesn't show up.
Step 4b: If the roommate does show up, receive official judgement instead.

Step 5: After x months of not receiving payment, file in small claims against to garnish roommate's wages. See if you can tack on court fees at this point.

Step 6: Wait for roommate to get a job and ganish away.
Step 6b: If roommate doesn't get a job, file to put a lien against something they own and repossess it.

Alternatively, see if you can convince the crown/DA in your area to prosecute. Good luck with this, $300 of theft on your say-so probably just won't cut it for a proper case and the crown knows it, so they'll tell you no. If they say yes, well, wait until the case is done and you'll get the receiver back. Unfortunately, it'll be blacklisted by Comcast at that point and it'll be worthless and you can then go to Step 3 anyways.

1 replies

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Trai_Dep

November 23, 2009 5:32 PM

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@shepd: I disagree.
The OP and Comcast had a contract, which he observed.
Comcast mistakingly (cough) sent out equipment without getting approval from the accountholder, then CHARGED the OP for their error (ca-ching!).

> OP needs to file a police report, then call his insurance company, then demand Comcast fix their error/theft (probably involving the OP filing a small claims suit against Comcast, or at least threatening to).

>> Comcast is then free to pursue remedies against theft-happy unauthorized roommate, if they so choose.

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November 23, 2009 5:32 PM

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I had a room-mate (I can name names still ;) - who did this to me. What I did was call everyone who wanted money and tell them I was a new tennant and the old one moved out. I was able to setup new accounts on everything (including comcast cable) in my name - and he got stuck with the debt and the collections people.

1 replies

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November 23, 2009 5:32 PM

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@SkuldChan: Oh I should mention too - he was pocketing all the money, so in effect he took out a large loan against these utilities.

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November 23, 2009 5:32 PM

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I would be willing to bet that Comcast requires a whole lot more identification if the caller is wanting to downgrade instead of upgrade.

That said, autopay is always a bad idea. Ignoring your bills + autopay is a horrible idea.

1 replies

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November 23, 2009 5:32 PM

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@failurate: Well I'm sure that the OP has definitely learned his lesson. Still, that doesn't really begin to address the issue here, being that the crux of the matter is that Comcast let an unauthorized party make changes to his account.

Sure he didn't notice it for like what, a year after it happened, but it should never have happened to begin with.

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H3ion

November 23, 2009 5:32 PM

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Filing a law suit, small claims or otherwise, is probably useless unless the OP has an address for service of process. The fact that he's been unable to contact the roommate indicates that he doesn't know the address.

Filing a police report makes a lot of sense. Again, for a $300 item where the perp's address is unknown, the OP isn't going to have the CSI squad running around trying to find a cable box.

If the OP has the information (say on the lease application) filing a report with the credit agencies may be helpful if nasty but at this point I think nasty is probably justified.

Ask Comcast if they can locate/turn off the box. I would expect that if service was running through that box, Comcast would be able to determine its location.

The suggestion of filing an insurance report is a good one subject to determining the deductible portion. If it's $500, filing a claim for $300 is pretty useless. In any case, I would check with the agent first to find out whether filing a claim is likely to cause a bump in premiums.

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Loias calls you out if you can't RTFA

November 23, 2009 5:32 PM

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Did the poster actually have the other roommates on the Comcast account, or was it solely in his name? If the latter is true, then the former roommate received the box fradulently from Comcast, and Comcast should not have allowed her to order the cable box. In that case, Dave would have to try to convince Comcast they gave a cable box to a fraudulent party and the account holder (Dave) did not authorize that action. Then it would be on Comcast to get their cable box back. Frankly, if he's the sole account holder it would be on Comcast to prove an account holder ordered the box.

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TheRealAbsurdist

November 23, 2009 5:32 PM

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WTF? When I had DirecTV they wouldn't let my wife make changes to the account in my name. Comcast let your roommate have another box without even bothering to let you know? That's their screwup plain and simple.

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November 23, 2009 5:32 PM

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Honestly it sounds like the perfect way to get back at that roommate. Now you can have the police arrest her. As for comcast, hopefully they accept the police report and back off. If not you will probably have to pay the 300 and take them to court to get the money back.

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dfens42

November 23, 2009 5:32 PM

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File a claim with your Renter's or Homeowner's Insurance policy. Take that money, pay Comcast, and call it a lesson learned. All these lawsuits sound awesome until you realize they are not worth the time or hassle.

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November 23, 2009 5:32 PM

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1. Find out where former roommate is living.
2. Go to Comcast office and request an additional box on the account for that address.
3. Return the new box under your original account.

Actually, you probably shouldn't do this as it may constitute fraud but it'd be funny as hell.

1 replies

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dfens42

November 23, 2009 5:32 PM

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The boxes are addressable and have serial numbers so this would not work.

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November 23, 2009 5:32 PM

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I didn't have time to read any of the other comments, so my reply may have been covered by someone else.

Comcast really only require that you know the name, address, and last four digits of the social security number for the account (or the account number). Sometimes a rep will want to talk to the account holder, but most of the time that is not true.

Dave needs to file a police report as well ask speak with a supervisor at Comcast (after filing said police report). Generally Comcast will work with the police, and once they know a report has been filed, they should refund the money.

1 replies

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November 23, 2009 5:32 PM

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@Dienacarfire: They don't even require that you have the last four digits of your SS number. Well they ask for it from time to time, but it's not a strict requirement.

I always refuse it, and they instead ask me for my account number and the date on which the last bill was paid. Which is information that is on the bill itself. Yay security!

I can certainly see how unauthorized changes could be made to an account. All it takes is the bill, and you're in like sin.

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celtlion

November 23, 2009 5:32 PM

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I agree, this really isn't Comcast's fault. The practical thing to do would be take them to small claims court. I guess he could also file a police report also but if it's been this long it almost seems like a waste of time and resources.

1 replies

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November 23, 2009 5:32 PM

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@celtlion: No, it's absolutely Comcast's fault. Assuming of course that the OP is on the up-and-up, and Comcast allowed his former roommate to make an unauthorized change to his account. That would put responsibility for this squarely on Comcast's shoulders.

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Hogan1

November 23, 2009 5:32 PM

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Questions Unanswered.

1. Did OP know roomate had ordered a box in September
2. Did the OP notice the additional charge for the 7 months?

If the answer is yes to any of these, then it's not Comcasts problem. If, for whatever reason he didn't know the roomate had the box and didn't question the additional charge on his bill for 7 months it's unfortunetaly entirely his own fault. Sure Comcast sending the box out without the account owner asking is questionable but it's actually fairly common.

Check your bills people. Use common sense. This isn't something for Comcast to fix. It's something that needs to be addressed through small claims court if the roomate won't return it.

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November 23, 2009 5:32 PM

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Normally when I call Comcast, they verify my phone number (that I'm calling from the number listed on the accout), and then ask for the last 4 digits of my social to verify that it's really me.

Maybe the roommate knew someone who worked at a Comcast store or something.

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November 23, 2009 5:32 PM

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Okay... it's Dave's responsibility to go after the old roommate. I agree with that. But I'm not sure why Comcast couldn't help out a little here. And why is it that we care so much about technical blame when good customer service dictates that a very large company should help a relatively blameless consumer.

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AK47 - Now with longer screen name!

November 23, 2009 5:32 PM

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Wow, bad day for Daves. The last 3 posts have been about Verizon, Pizza Hut, and Comcast issues for guys named Dave/David.

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November 23, 2009 5:32 PM

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WRONG

Dave was defrauded and shouldn't be responsible for the payment. In addition to disputing the charge with Comcast he should alert the police.

Dave was defrauded, is responsible for the payment and should promptly pay Comcast.

Then Dave should file a police report against his lowlife roommate.

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duncanblackthorne

November 23, 2009 5:32 PM

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File a police report? The old roommate potentially committed fraud, and most certainly stole the cable box. Comcast is at fault for not checking to see who they were talking to, though, unless the roommate's name is on the account too.

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November 23, 2009 5:32 PM

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Dave is wrong, Comcast is right.

The cable is in Dave's name. It was his responsibility to notice that he was being charged $6 a month for over a year now for an extra box. The box is missing and unless Dave can get it back, Comcast has every right to charge him $300. Case closed.

Consumerist staff, why does this start \"Dave is the responsible roommate\". No, Dave is not, he doesn't even read the cable bills to make sure the charges are right. That is responsible?

1 replies

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November 23, 2009 5:32 PM

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This is the sort of post that katstermonster would be better served to turn his/her venom towards. You hear that katstermonster? Tear this guy a new asshole!

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November 23, 2009 5:32 PM

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What's Dave thinking? His problem is with the roommate, not Comcast; and its really sad to see him try to use Consumerist in this way....

1 replies

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November 23, 2009 5:32 PM

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@DanKelley98: Please do explain.

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aka_mich

November 23, 2009 5:32 PM

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I really don't see why Comcast let her set up anything on his account without first authorizing it with him. I've always been that guy too that has the bills in my name and whenever my roommate has tried calling Charter about even technical issues with our TV or internet they refused to talk to him.

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elizass

November 23, 2009 5:32 PM

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Comcast is in the right. Sucks for the roommate.

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Ronin-Democrat

November 23, 2009 5:32 PM

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screw he faux environmental online billonly idea. get a paper bill every month because.
you may have to live with a broken computer
you may get ill and need others to do the bill paying
you will be reminded every month that bill is due

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November 23, 2009 5:32 PM

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Comcast is in the right on this (::shivers::). The OP needs to sue the old roomate in small claims court, provided that he can prove that he took the cable box...

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katia802

November 23, 2009 5:32 PM

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wow, Comcast won't even let me pay my son's bill for him. He has to call, have phone number, last 4 of ssn and answers to security question to get the bill paid over the phone. Someone on their CS team really blew it.

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chimpotle

November 23, 2009 5:32 PM

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Any time I want to make a change to our cable with Time Warner, which is in my wife's name, I have to provide the last four digits of her SSN.

I'm kind of surprised Comcast doesn't have a similar policy to help prevent issues such as this one.

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November 24, 2009 12:54 AM

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Speaking as one of those guys who handles the bills for everyone in the apartment, I would say this is definitely on the account holder and not the roommate (What you gain in control and reliability, you give back in liability)...except for that little bit about \"without my knowledge or consent\". Comcast added services to an account that were requested by someone other than the account holder or a specifically authorized user. Game over, Comcast's fault.

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coren

November 24, 2009 3:55 AM

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I'm curious as to what \"box\" it is - we have the HDTV box which is 11 or 12, and these other boxes (first two are free, than 2 bucks) which I guess let us get the channels that used to just be free but are \"different\" because of the digital switch? I don't know. Anyway, nothing at 6 bucks, so I'm curious.

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January 27, 2010 2:12 AM

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The 2 most common ways to get a digital box from Comcast are:

Pick up at local office
UPS Shipment

If the roommate had gone to pick it up at the office, she would have had to show identification and her name would have to be on the account. They are very strict at the offices with this policy.

UPS - if the caller was not authorized, its still feasable for someone to set up the order for the box to be mailed to the customer, however, the box would have been addressed to the main account holder (Dave) - so the roommate would have been illegally opening the package (I'm assuming there's laws against opening someone else's UPS package like there is for US mail).

");