Legal Question in Civil Rights Law in New York

Cablevision theft
About a year i purchased a cable television decoder online.
I just received a letter from my cable company that have received information regarding this purchase.
They want me to surrender the the decoder and pay a settlement of $3500. If i don't make a settlement with them they are going to commence civil action against me.
I have had a cable account with this company for more than 10 years and pay for premium services as well as internet services with them.
Upon receipt of the the decoder i found that i did not know how to hook it up and therefore never used it.
It's still in the box and packaging it came in.
If i never actually used it how can i charged with cable theft?
I would gladly surrender the decoder but i don't think i should have to pay a hefty settlement for theft of services since it was never hooked up.
Don't they have to prove i actuaslly used it. Is there a way they can access my cable line and see if i'm getting more channels than i'm paying for.

Asked on 4/20/02, 12:16 am

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Cablevision theft

It is not unlawful to possess a decoder without using it. It is the theft of services which is unlawful, not possession of a device.

Write to them explaining you have never used a decoder. DO NOT admit that you have one - that is none of their business.

The next move will up to them.

Answered on 4/20/02, 1:06 pm

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