The evils of the cable company

So, apparently I am liable for the loss of the Time Warner Cable modem that I was using (for all of one month) for my internet access, even though the loss was through no fault of my own.

I called TWC early on to cancel my service and to see what to do about the modem. The woman actually asked me, “So you no longer have the modem?” I wanted to say, “Sure! That was the first thing I grabbed on my way out of my burning apartment…”

She said I should take a copy of the police report to the local TWC office so that they wouldn’t charge me for the modem.

They charged me for the modem anyway. So I called today and the woman I spoke with said that I was liable for the equipment not returned to them, regardless of how it was destroyed. Had I had renter’s insurance, it wouldn’t have been an issue – it would have been covered by the insurance – but since I didn’t, I now owe them something like $68 for the modem that I only got to use for a month.

With all the money that Time Warner Cable pulls in through their exorbitant prices for cable television, they claim that charging people for damaged equipment due to circumstances beyond their control is necessary due to the problem of cable service theft, and an apparent “black market” for selling TWC equipment. The below is from their Residential Services Subscriber Agreement:

(g) I agree to pay TWC liquidated damages in the amount demanded by TWC, but not to exceed that specified in the then-current price list, for the replacement cost of the TWC Equipment without any deduction for depreciation, wear and tear or physical condition of such TWC Equipment if (i) I tamper with, or permit others to tamper with, TWC Equipment, (ii) the TWC Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such destruction, loss, or theft, or (iii) the TWC Equipment is damaged (excluding equipment malfunction through no fault of my own) while in my possession, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such damage. I agree that these liquidated damages are reasonable in light of the problem of theft of cable Services; the existence of a “black market” in TWC Equipment; the ability of third parties to steal Services with unlawfully obtained TWC Equipment, causing loss of revenues for installation and service fees; and the difficulty in determining the actual damages that arise from the unauthorized tampering with, loss, destruction, or theft of TWC Equipment. I agree to return any damaged TWC Equipment to TWC. (emphasis mine) 

I’m sure that melted modem would fetch a huge price on the black market.

I doubt that I will win this battle with the evil cable conglomerate, but that doesn’t mean I won’t let them know how shitty it is that they have such a policy. I could understand charging people for equipment that was merely lost or damaged through negligence, but, especially if someone has a police report showing evidence of a disaster that resulted in the equipment’s destruction, I can’t understand not waiving such fees. Clearly their argument about “black market” sales of equipment doesn’t apply in the case of a melted modem due to an apartment fire.