You know the drill.
You call the cable company because you need an installation or service call. The Customer Service Representative tell you it will be a week before they can get to you, and that you have to be home all day to wait for the technician.
But as fate or bad luck would have it, the tech never shows up, and you have blown a day off of work without pay for no good reason…and you still need that service call.
You are mad. You are REALLY mad.
You call back in and a different Customer Service Representative apologies profusely, then offers to knock off $20 from your bill. Then the CSR reschedules the appointment for a few days later, and you get to plan to stay home yet another full day hoping against hope that the tech will show up this time.
There must be a better way to ensure that you don’t lose out when the cable operator misses an appointment! Well, there is.
A relatively few number of savvy California cable TV subscribers know about a little-publicized law. A law that requires the cable TV operator who misses an appointment to compensate you for your lost wages and expenses up to a cap of $600. It is California Civil Code Section 1722(b).
That very powerful law says, in essence, that if you call in for a service call and the cable company requires that you be home to meet the technician (for example, to let the tech into your home or back yard), the cable company must honor your request that the appointment occur within a fixed 4-hour period, and to work with you to determine the day and time when that 4-hour period will start.
According to the law, “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).”
But realize that this is a two-way street. As a cable subscriber, you have a duty, too. The cable operator has to start the repairs within the specified 4-hour window, but you have the duty to be home during that entire 4-hour period.
The cable operator has an ‘out’ if it can show that unforeseen or unavoidable occurrences did happen, and they made a legitimate effort to let you know. If so, then they don’t owe you any money. However, the larger the cable operator’s technical staff, the less likely they will have convincing a judge that whatever happened was truly unforeseeable or unavoidable.
Also, if you file a complaint with your cable TV franchisor (either the local City or County, or the California PUC, depending on whether your cable operator has a local or state franchise), and the government pursues the cable operator …