• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Threatened lawsuit from CableVisio service

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

riscbsns

Guest
About 18 months ago, I purchased a cable tv decoder box from a company for a friend. I received the box and immediately gave it to the friend. About a month ago, Cablevision sent me a letter stating that they had proof that I had purchased the box and they wanted $3000 from me or they would pursue legal action against me. I have never used the box, don't have the box, but they state that by just purchasing it shows intent and they can take action against me for that reason.
I spoke with them via telephone, and only resulted in arguing with them. I told them I had done nothing wrong and would not pay them anything. The informed me that it was my last chance to resolve the issue with them and that I would not hear from them again. However, I have received 3 rather threatening messages on my answering machine since then, demanding that I call them back to resolve the issue.
Where do I need to go...it seems like this borders on extortion on Cablevisions part, but I don't want to risk losing alot of money I don't have if they actually have a case against me for simply purchasing something that isn't illegal to own or purchase...just to use, which I haven't done. I haven't done anything wrong and have been a good and paying customer of theirs for a long time.
Any advice?
I live in New Jersey.
 


R

riscbsns

Guest
Just what did I do wrong?

I don't think that buying something is wrong, and certainly not illegal.
 

JETX

Senior Member
Just curious...
When you say that you "have been a good and paying customer of theirs for a long time.", what kind of customer?

If you have been paying for basic (cheapest) service with no history of premium or pay-per-view purchases, that might be a little suspect and could indicate that you MIGHT have been accessing these services other ways.

However, if your monthly bill shows that you either subscribe to some of the premiums and/or occasionally watch PPV, then you might have a good basis for your claim that you didn't use the decoder.

A couple of additional questions:
1) Why did this 'other' person not buy their own decoder?
2) Does the purchased decoder happen to be compatible with YOUR cable system?? (There are a lot of different ones out there).
3) Is this 'other' innocent person willing to acknowledge your purchase on their behalf and your delivery to them?

Finally, as you are probably aware, in the past it was very hard for the cable providers to PROVE 'piracy' against claims like yours. Due to this, a lot of local and state laws have been passed recently providing for civil damages if the 'pirate had the equipment and/or ability' to steal the signal and to be awarded civil damages.
 
R

riscbsns

Guest
I have paid for one of cablevisions box, and paid for their premium service for the entire time I have subscribed to their service. The person I purchased it for didn't have internet access, and the company selling the unit only did business over the internet. The person would be willing to vouch for the fact I purchased it for them, and that I never connected it, I don't think that person even has the box anymore. I don't know if it was compatible with the cable in my area...I never tried it as I already had cablevisions box.
 
E

extorted

Guest
I have a question regarding the same topic. Being placed in the same circumstance, ie.. purchased a box 6 yrs ago, and now received civil action suit. Where can I find the specific law for NY that furthers their alleged sections of law ( 553 a-1 and 605 of code47 USC) or communications law. I do get the gist of what they are trying to do, and I know that the preponderance of evidence in a civil suit is not equal as in criminal court, so how can they zing everybody on just a purchase of this item. They have NO proof of the items usage, only that it is capable to do the decoding. I present this to you, I buy a "bong" and put a flower in it. It is art to me, and it is legal. I buy the same thing and use it in the illegal way, and I get arrested. I say the key is " in the manner of which it is used" is an issue. If not a NY Law supporting their claim, then a site where I could review caselaws against individuals not the companies that sell these boxes.
 

racer72

Senior Member
Remember 30 years ago when it was illegal to own a telephone, you could only rent them from the phone company? The cable industry has shown all the way to the Supreme Court that the only reason most people would own there own cable decoder box would be to steal service. I'll bet the company that sold the box only sells on the internet because it is located outside of U.S. law jurisdiction. The cable industry has been very aggresive in pursuing those that buy cable boxes and they will prosecute to the fullest extent of the law. Remember, it is illegal to buy, own or use a cable box not supplied by your cable television service. And I would be willing to speculate that the someone along the distribution path of the converter gives the names of buyers to the cable companies to avoid potential legal troubles themselves. And if it was legal to own one, don't you think you could buy one from your cable provider or at your local big box retailer like Wal-Mart?
 
R

riscbsns

Guest
I have spoken with the cable company representative, and they are very clear on one thing...it is not illegal to purchase a cable box...the only illegal thing is using it, and their view on things is that purchasing one shows intent to use it and therefore defraud them. The company I purchased from was in Indiana or at least had an Indiana originating address.
And yes you can purchase cable boxes at any number of electronic specialty stores, not just online.
 

racer72

Senior Member
Which electronic stores will sell you a converter box? I contacted 14 different retailers that may sell converter boxes (from a local TV repair shop, 4 Radio Shack stores, Best Buy, Circuit City, Target, Wal-Mart, etc.) and was told by all it is illegal to sell converter boxes. My local cable TV service (AT&T Broadband) told me that possesion of converter boxes is illegal and that they can will take anyone with one to court. The gentleman also told me they destroy over 200 boxes a year that have been seized. And he also told me if you could buy cable converters, TV manufacturers would build them into televisions and you would not even need a converter box.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top